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Commercial Real Estate Civil Procedure Mergers & Acquisitions

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

Commercial Division Enforces Strict Compliance With Change-of-Control Notice Requirement

In GSMC II 2006-GC6 Bridgewater Hills Corporate Center, LLC v. Lexington Realty Trust, Case No. 653117/2015, 2016 BL 378261 (N.Y. Sup. Ct. Nov. 2, 2016), Justice Jeffrey K. Oing of the Commercial Division denied a motion to...more

Technology Law Newsletter

by Buchalter on

As this election year draws to a close, forecasting the future is a topic of discussion, not only in political circles, but in technology circles as well. To chart the best way forward, it is important to understand...more

New York and North Carolina Take a Narrow Approach to Common Interest Doctrine

by Hinshaw & Culbertson LLP on

Brief Summary - The "common interest doctrine" generally protects attorney-client communications, even if such communications are disclosed to a third party, as long as the third party shares a common legal interest with...more

Court Holds that Disgorgement Award for Breach of Fiduciary Duty Was Neither Punitive Nor Excessive and that Exemplary Damages...

by Winstead PC on

A court of appeals recently issued an opinion rejecting a fiduciary’s claims regarding the excessiveness of the trial court’s judgment that awarded disgorgement and exemplary damages. In Swinnea v. ERI Consulting Engineers,...more

Court Decision Helps REITs Strategize for Successful Acquisitions in the Face of Shareholder Litigation

by Latham & Watkins LLP on

Decision of note for REITs contemplating asset acquisitions involving stock consideration that requires stockholder approval, even if the transaction does not effect a change-in-control. Background – Following...more

Grunderwerbsteuer: Das Ende von 94/6-Strukturen bei Personengesellschaften?

by Latham & Watkins LLP on

Bundesfinanzhof verschärft den Rahmen für steueroptimierte Akquisitionsstrukturen durch mittelbare Zurechnung nach wirtschaftlichen Maßstäben . Thema der aktuellen Entscheidung – In einer am 10. September 2014...more

German Real Estate Transfer Tax: The end of so-called 94/6 Partnership Structures?

by Latham & Watkins LLP on

German Federal Fiscal Court severely tightens framework for acquisition structures by using beneficial ownership as the standard for the attribution of indirect participations. Key Subject of the Decision - With a...more

The Importance of Planning Joint Venture Exit Strategies

With the Miami real estate market making a resurgence, there is a new rush for companies to come together in a joint venture to acquire real estate and develop projects. With the excitement of a new deal, the joint venture...more

Supreme Court Decision May Make it Easier to Challenge IRA Land-Into-Trust Acquisitions

by Snell & Wilmer on

On Monday, June 18, 2012, the U.S. Supreme Court issued its decision in Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 567 U.S. ___ (2012), which could dramatically impact the tribal land-into-trust...more

Turbervilles Business Newsletter - Winter 2011

by Turbervilles on

Welcome to our Winter Newsletter. In this edition, we look at why it may be possible for firms to make a profit when pursuing payment of overdue invoices. A firm of surveyors must pay £18m after giving negligent...more

Tenth Circuit Holds that "Forced Sellers" Resulting From a Squeeze Out Merger Lack Standing to Assert Claims Under Sections 11 and...

In Katz v. Gerardi, No. 10-1407, 2011 WL 3726279 (10th Cir. Aug. 25, 2011), the United States Court of Appeals for the Tenth Circuit affirmed the dismissal of claims alleging violations of Section 11 and Section 12(a)(2) of...more

Keeping disagreements out of court: new problems with expert determination clauses (UK)

by Chris Robinson on

A recent case (6 November) casts doubt on the very common "expert determination" clauses used to value shares or property. Review them now!...more

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