General Business Commercial Real Estate

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New Law Requires Specific Disability Language in Commercial Leases

California Assembly Bill 2093 requires each commercial property owner/lessor to state on each lease form or rental agreement executed on or after January 1, 2017, whether the premises have undergone an inspection by a...more

End Of An Era Or Simply a Moment In Time?

What conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate? A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their...more

Tenant Relocation and Thinking Outside the (Big) Box

Retail shopping center growth has hit a big speed bump coming in to the 2017 New Year as increasing vacancy rates persist in many U.S. shopping centers. Big-box retailer Sports Authority announced in 2016 that it would close...more

A Retail Lawyer’s Reflections Upon Moonlighting as an Uber Driver - How Uber and Other Rideshare Services are Impacting Landlords,...

By now, we’ve all realized that rideshare services such as Uber and Lyft have materially impacted a number of industries during their relatively short lifetimes. For this real estate lawyer, 2016 represented the year in which...more

Rating - the road to revaluation: Check, Challenge, Appeal: Wrong but not unreasonable will suffice...

The headlines continue to be dominated by the 2017 revaluation and the disappointing approach to reform delivered by the Chancellor's Spring Budget, which simply repeats the government's commitment to more regular...more

Luxembourg Real Estate -Tax and Legal Developments

This brief report provides a summary of the most recent Luxembourg legal developments that currently affect and will be affecting real estate practitioners throughout 2017....more

Commercial Real Estate Sellers: Hire Your Own Attorney!

Many sellers believe, possibly based on their experience in residential real estate transactions, that they can rely on the buyer's attorney, or a real estate broker, to "represent" them in a transaction. Although it is...more

A reminder to get replies to enquiries right

The High Court decision in First Tower Trustees Limited v. CDS (Superstores International) Limited [2017] EWHC B6 (Ch) is a salutary reminder of some of the pitfalls to avoid when providing replies to pre-contract enquiries...more

Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment

Under California law, “bona fide purchasers” who buy property with no notice (actual, constructive, or otherwise) of a competing claim to the property are generally protected. The law’s favorable treatment of bona fide...more

Leasing Retail Stores in New York City

New York City is a fascinating and dynamic retail market. It is also one of the most competitive and challenging, requiring a careful and methodical approach to leasing to avoid potential commercial and legal pitfalls. This...more

Hotels 101: Legal and Business Issues in Hotel Development and Ownership, a Beginner’s Guide [Video]

Carlton Fields presents a conversation between David W. Adams, Of Counsel, and Daniel Weede, Shareholder. It’s the goal of this podcast to give those who have never participated in the hospitality industry an introduction to...more

Terrorist Attacks: The importance of adequate security measures at hotels

Hotels are targets for terrorists due to the likely presence of foreign tourists and the consequent possibility of impacting multiple nations with one attack. We blogged...more

The Graber Opinion is Confirmed as an Outlier in Matters Involving Texas Appraisals

With the continued onslaught of hail and other weather related litigation in Texas, insurance carriers often elect to resolve claims through the appraisal process outlined in the policy. Insurance carriers historically...more

Recent Federal Court Decision Adds Clarity to “Ordinary Wear and Tear” Lease Provisions

Most veterans of commercial leasing are familiar with the concept of a surrender clause but might not have been tasked with negotiating its meaning following lease expiration. A recent federal court decision sheds light on...more

Sharply Divided Supreme Court Declines to Establish a Bright-Line Rule on Non-Lawyers Representing Corporations in Administrative...

A non-lawyer with no apparent formal connection to a corporation is the sole representative of the corporation at an administrative proceeding. When the decision comes down, it’s never properly served on the corporation. Is...more

The challenges of complex retail leasing in Dubai

Dubai is famous for its world class shopping centers which, in addition to retail offerings featuring the world’s leading brands and cutting edge local brands, also offer a multitude of leisure experiences including indoor...more

The rise of the shopping center in Kenya

Kenya has seen a surge in the number of shopping centers being built recently, with Nairobi—the economic hub of the country— hosting most of them. These shopping centers are largely catering for a growing Kenyan middle class...more

Check, challenge, appeal… implement

The Department for Communities and Local Government has finally published its response to the Consultation on reform of the business rates appeal system. Despite the significant response to the Consultation and the concerns...more

Pop-up leases in Belgium

In an effort to fill inner city retail vacancies, the Flemish Region in Belgium enacted the Decree of 17 June 2016 on the short-term lease of premises for commercial and artisanal purposes (known as “pop-up leases”), which...more

Rating – the road to revaluation: Material change of circumstances

You instruct a specialist rating surveyor, who carries out detailed calculations to ascertain your rateable value (RV) and engages in lengthy negotiations with the Valuation Officer (VO) – then something changes at your...more

Different owners within a retail park in Romania: practical aspects

Shopping centers, including retail parks, are viewed in Romania today as commercial and entertainment hubs, where shops operate together in an integrated way to offer consumers an enhanced shopping experience. Whilst this...more

Business rates revaluation 2017: an explanation

On 1 April 2017 the business rates payable in respect of properties in England and Wales will be changing. Business rates are the tax that businesses pay on the retail, office and industrial premises that they occupy. ...more

Defence & Indemnity - February 2017: I. INSURANCE ISSUES B.

B. The wording “as a result of a peril insured against” in an insurance policy will be interpreted to include damage that happens as a direct result of the insured peril (increased cost to bring a damaged building up to code)...more

Protecting Tax Deferral for A Contribution to A Partnership

When a taxpayer (“Taxpayer”) sells a property (“Property”) with a fair market value (“FMV”) in excess of Taxpayer’s basis in Property in exchange for cash in an arm’s-length transaction, the amount of gain that he realizes on...more

RESPA Two-Step: CFPB Shows Continued Expansive Interpretation of Section 8

On January 31, 2017, the Consumer Financial Protection Bureau (“CFPB”) announced a Consent Order (“Order”) with Prospect Mortgage LLC and certain of its affiliates (“Lender”). The CFPB alleged in the Order widespread...more

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