Commercial Real Estate Updates

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 18, 2013

Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment
Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy
Jeffrey DeBoer on the intersection of Washington and commercial real estate
Navigating the Winds of Change in Commercial Real Estate
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
Transbay Tower Groundbreaking
Bisnow/Allen Matkins - LA Property Management - Patrick Lacey, Property Management Associates
Bisnow/Allen Matkins - LA Property Management - Kevin Kirn, Health Care REIT, Inc.
Bisnow/Allen Matkins - LA Property Management - John Fucci, Kilroy Realty
Bisnow/Allen Matkins - LA Property Management - Charlie Hobey, Equity Office
Bisnow/Allen Matkins - LA Property Management - Brian Plymell, Hines
Which environmental regs may impact your development projects?
California Commercial Real Estate Forecast - Industrial & Multifamily Remain the Bright Spot in the Winter 2013 Allen Matkins/UCLA Anderson Survey Results
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Winter 2013 Survey Reveals Dip in Developer Sentiment
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Survey Results Reveal Tension Between Developer Sentiment & Action
Former Congressman Steve Bartlett Joins the LEVICK Team
Taking it Seriously: Unusual Lease Violations in Virginia
Understand both sides' interests to get best results for your clients
"Bisnow/Allen Matkins LA Industrial and State of the Ports - " Mark Payne

Insurance Recovery Law -- May 16, 2013

by Manatt, Phelps & Phillips, LLP on 5/17/2013

In This Issue: Prepare For A Storm of Lawsuits; To Ensure Coverage, Read Policy Carefully; and Ticketmaster Wins Reversal, Possible Coverage For Class Action Over Ticket Fees ...more

Energy Usage Disclosure Finally Going On-Line

by Lisa Stalteri | Carr, McClellan, Ingersoll, Thompson & Horn -... on 5/17/2013

As of July 1, 2013, California Public Resources Code §25402.10 requires the owner of a non-residential building with a total gross floor area of 50,000 square feet or more in the event of a sale, lease or finance of the...more

Temporary Regulatory Takings Do Exist in California!

by Katrina Diaz, Bernadette Duran-Brown, Brad Kuhn | Nossaman LLP on 5/17/2013

Given the maze of procedural and substantive hurdles involved, property owners rarely succeed with regulatory takings claims. Even when owners do win, it is yet more uncommon for courts to award damages, instead allowing the...more

Congress Reinstates Income Tax Advantages for Conservation Easements

by Womble Carlyle Sandridge & Rice, PLLC on 5/17/2013

Executive Summary: Congress has temporarily reinstated certain income tax advantages for donations of conservation easements. These advantageous provisions are scheduled to expire at the end of 2013....more

Alabama CON Review Board Update - May 2013

by Jennifer Clark, James Henry, Kristen A. Larremore, Colin H. Luke, Carey B. McRae | Bradley Arant Boult Cummings LLP on 5/17/2013

In this update: - I. Informational Purposes Only - II. Certificate of Need Program - III. Reviewability Determinations and Pending Reviewability Determinations - IV. Declaratory Ruling Request...more

The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier

by James Potter | Nexsen Pruet, PLLC on 5/16/2013

Both public and private landowners have to obtain Section 404 discharge permits for the discharge of dredged materials from navigable waters. The Army Corps of Engineers is the permitting authority for the Section 404...more

Maryland Removes Potential Barrier To Refinance Transactions

by BuckleySandler LLP on 5/16/2013

On May 2, Maryland enacted SB 199, which authorizes a mortgagor to refinance the full balance of a loan secured by a first mortgage or deed of trust without the permission of the holder of a junior lien if (i) the principal...more

Mississippi CON Report - May 2013

by Aaron Graham, Dinetia Newman, T. Richard Roberson | Bradley Arant Boult Cummings LLP on 5/16/2013

In This Report: - I. April 2013 - Mississippi Certificate of Need Meeting - II. Certificate of Need Program Report – Filings/Reports Since March 2013 CON Meeting - A. Letters of Intent to Change...more

Keys To A Successful Luxury Real Estate Transaction: Part I

by Schecter Law on 5/16/2013

Part I: Have an Experienced Real Estate Attorney Review the Contract Mistakes in real estate contracts can cause major issues....more

Attorneys' Fees Provisions: Not a Blank Check to Overreach

by Anne Kane | Schnader Harrison Segal & Lewis LLP on 5/16/2013

In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise....more

Real World - Spring 2013: Break clauses - tenants should err on the side of caution

by David Gervais | Dechert LLP on 5/16/2013

With the outlook for the UK economy still rather patchy at best, it is not surprising that tenants have in recent times been looking closely at their lease terms and, in particular, any break rights that they may have, with a...more

Turning Lemons into Lemonade: Doing Real Estate Business with the Federal Government in These Challenging Economic Times

by Caitlin Beer, David Ehrenwerth | K&L Gates LLP on 5/15/2013

The Federal Government is one of the largest real estate players in the United States, owning or leasing a huge portfolio of office buildings and other real estate assets across the country. The Public Building Service...more

Extinguishment of Commercial Leases by Liquidators Appointed to Landlord Companies - Signalling a potential change in the law for...

by Ryan Hennessey, Peter Lucarelli | Baker & McKenzie Australia on 5/15/2013

Commercial tenancies may be extinguished by a liquidator appointed to a landlord company by exercising the statutory right under the Corporations Act 2001 (Cth) to disclaim certain property....more

Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment [Video]

by Greentarget on 5/14/2013

John Corey, Founding Partner of Greentarget, interviews Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment....more

Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy [Video]

by Greentarget on 5/14/2013

John Corey, Founding Partner of Greentarget, interviews Debra Cafaro, Chairman and CEO of Ventas, on why the Health Care asset class is well positioned in today's economy. ...more

Real World - Spring 2013: Damages include fall in market

by Sophie Ogilvie | Dechert LLP on 5/14/2013

Two recent cases have highlighted circumstances in which damages for breach of contract may include loss caused by a fall in market values....more

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

by Joe Virene | Looper Reed & McGraw, P.C. on 5/14/2013

Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more

New Stormwater Fees in Maryland

by Matthew Kimball | Niles, Barton & Wilmer, LLP on 5/14/2013

During the 2012 legislative session, the Maryland General Assembly passed HB 987, a bill which mandated that the ten separate EPA-licensed storm sewer system (“MS4”) jurisdictions in Maryland (Baltimore City and nine...more

2013 Maryland IDOT Legislation Expands Exemption Amount Applied For Recordation Tax

by John Wetzel | Niles, Barton & Wilmer, LLP on 5/14/2013

As a result of recent Maryland legislation, commercial property owners currently considering the financing or refinancing of their real estate may achieve significant recordation tax savings when using so-called “indemnity...more

Condominium And Homeowners Bills Enacted By The 2013 Florida Legislature

by Martin Schwartz | Bilzin Sumberg Baena Price & Axelrod LLP on 5/14/2013

HB 73- Omnibus Legislation - This bill containing 74 pages is a "stripped down" version of a bill which passed the House last year but failed to obtain Senate approval. It contains a potpourri of changes to the...more

Spotlight on Georgia: Certain Interesting Tax Developments

by Baker, Donelson, Bearman, Caldwell &... on 5/13/2013

As in past years, there have been numerous interesting tax-related developments over the last 12 months in the state of Georgia. Just a few of these recent developments are summarized below...more

Vapor Intrusion Developments

by Martin Booher, Maureen Brennan | BakerHostetler on 5/13/2013

Potential buyers and sellers take note — on April 16, 2013, the U.S. Environmental Protection Agency (U.S. EPA) issued draft guidance that would require more evaluation of "vapor intrusion" (migration of any hazardous vapors...more

Court Adheres to Specific Definition of “Designated Premises”; Holds Policy Cancellation Does Not Preclude Rescission

by Daniel Bryer | Sedgwick LLP on 5/13/2013

In Seneca Ins. Co. v. Cimran Co., — N.Y.S.2d –, 2013 WL 1405231 (App. Div. 1st Dep’t 2013), the New York appeals court granted the insurer’s motion for summary judgment, declaring that it had no duty to defend and indemnify...more

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Paul Morassutti, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/13/2013

In a decision in Kawartha Lakes (City) v. Ontario (Environment), on May 10, 2013, the Ontario Court of Appeal unanimously dismissed the appeal of the City of Kawartha Lakes (the City), which sought to overturn a decision of...more

FINRA Identifies Concerns with Marketing of Real Estate Investment Products

by Thomas M. Devaney, Kelley A. Howes, Daniel A. Nathan | Morrison & Foerster LLP on 5/13/2013

FINRA recently signaled a continuing focus on the marketing of real estate-related products by issuing a Regulatory Notice expressing concerns about communications involving unlisted, or non-traded, real estate investment...more

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Commercial Real Estate Updates

Insurance Recovery Law -- May 16, 2013

Energy Usage Disclosure Finally Going On-Line

Temporary Regulatory Takings Do Exist in California!

Congress Reinstates Income Tax Advantages for Conservation Easements

Alabama CON Review Board Update - May 2013

The EPA Reaches Back in Time: Appeals Court Allows Government to Veto 404 Permits Issued Years Earlier

Maryland Removes Potential Barrier To Refinance Transactions

Mississippi CON Report - May 2013

Keys To A Successful Luxury Real Estate Transaction: Part I

Attorneys' Fees Provisions: Not a Blank Check to Overreach

Real World - Spring 2013: Break clauses - tenants should err on the side of caution

Turning Lemons into Lemonade: Doing Real Estate Business with the Federal Government in These Challenging Economic Times

Extinguishment of Commercial Leases by Liquidators Appointed to Landlord Companies - Signalling a potential change in the law for...

Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment [Video]

Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy [Video]

Real World - Spring 2013: Damages include fall in market

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

New Stormwater Fees in Maryland

2013 Maryland IDOT Legislation Expands Exemption Amount Applied For Recordation Tax

Condominium And Homeowners Bills Enacted By The 2013 Florida Legislature

Spotlight on Georgia: Certain Interesting Tax Developments

Vapor Intrusion Developments

Court Adheres to Specific Definition of “Designated Premises”; Holds Policy Cancellation Does Not Preclude Rescission

Appeal Court Confirms That Innocent Party Must Clean Up Pollution

FINRA Identifies Concerns with Marketing of Real Estate Investment Products

Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment [Video]

Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy [Video]

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