Commercial Real Estate › Securities Law

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

News & Analysis as of May 24, 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

Hong Kong – Applying Securities Laws to Sales of Hotel Units

by Jeffrey Horwitz, Jeremy Leifer, Yuval Tal | Proskauer Rose LLP on 5/20/2013

In a move that represents a first in Hong Kong, one of the territory's largest listed property developers, Cheung Kong (Holdings) Limited and certain of its subsidiaries have entered into an agreement with the Securities and...more

J-REIT Reform – Finance and Insider Trading Regulations

by Shusaku Iwasaki, Mitsutoshi Uchida | Morrison & Foerster LLP on 4/2/2013

On December 7, 2012, the working group of the finance committee of the Financial Services Agency of Japan (the “Working Group”) issued its final report (the “Final Report”) with respect to the reform of the legal regime of...more

North Carolina Securities Act Claims Take Shape In The Business Court

by Mack Sperling | Brooks Pierce on 2/26/2013

There is little case law under the North Carolina Securities Act. But last week, in NNN Durham Office Portfolio 1, LLC v. Highwoods Realty Limited Partnership, 2013 NCBC 12, Judge Gale took several steps into that uncharted...more

Using the Reg. S Exemption for Foreign Investors

by The California Securities Attorneys on 1/9/2013

Using Reg. S is useful when the issuer does not want to be limited by the restrictions of Rule 506. With a Rule 506 offering all investors must be either accredited or sophisticated, and there is a limit of 35 non-accredited...more

Using Finders to Locate Investors – Bruce E. Methven

by The California Securities Attorneys on 12/11/2012

A number of years ago the SEC effectively banned the use of finders to locate investors for securities offerings that cross state lines. Still, a few states allow finders for their intrastate offerings (offerings made...more

Using Rule 506 for Raising Money

by The California Securities Attorneys on 11/20/2012

Helpful advice for using Rule 506 for raising money....more

Public Advertising of California Qualification by Permit Offerings

by The California Securities Attorneys on 11/15/2012

Although it takes more time and effort than other types of offerings, a California qualification by permit (25113) offering has major advantages in terms of allowing public advertising and having low investor requirements. ...more

Court Grants Preliminary Injunction in Case Involving General Partnership Interests

by Katten Muchin Rosenman LLP on 10/19/2012

A California district court granted the Securities and Exchange Commission’s motion for a preliminary injunction against defendants who were selling general partnership interests in parcels of land. The court determined that...more

EB-5 and U.S. Securities Law

by Private Placement Advisors on 10/15/2012

The SEC's proposed rules under the JOBS Act will change the practice of law relating to EB-5 offerings. Regional centers and other EB-5 issuers (“direct investments”) will have more latitude with respect to general...more

EB-5 and U.S. Securities Law

by Private Placement Advisors on 10/2/2012

Attorney's Participation in a Presentation to Potential Real Estate Investors Did Not Create a Duty Actionable Under Section 10(b)...

by Katten Muchin Rosenman LLP on 8/31/2012

The US Court of Appeals for the Seventh Circuit last week denied federal securities and related state law claims by a group of investors, which were brought against attorneys for statements made during a presentation...more

FAQ: Alleged Ponzi Scheme of Wayne L. Palmer and National Note of Utah, LC

by Wohl & Fruchter LLP on 7/18/2012

On June 25, 2012, the U.S. Securities and Exchange Commission filed a civil complaint against Wayne L. Palmer (“Palmer”) and National Note of Utah, LC (“National Note”), of West Jordan, Utah, alleging that the defendants are...more

June 5, 2012 - The Federal Crimes Watch Daily

by McNabb Associates, P.C. on 6/5/2012

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

Whalen: Too Much Regulation Caused JP Morgan $2 Billion Loss [Video]

by Bloomberg Law on 5/17/2012

May 17 (Bloomberg Law) -- Last week JP Morgan Chase acknowledged a trading loss of at least $2 billion, fueling calls by some observers for more regulation of financial institutions. Chris Whalen, a Senior Managing Director...more

How Offerors Can Act Regarding the JOBS Act

by The California Securities Attorneys on 5/4/2012

For companies that need some form of advertising and need to raise money immediately, the California 25102(n) exemption and the Model Accredited Investor Exemption (MAIE) that approximately 30 states have adopted allow the...more

The Commercial Paper - A Banking and Financial Services Report from Phillips Lytle

by Phillips Lytle LLP on 5/1/2012

In this issue: - Lending Boost Possible from Tax Credit Bills - Can an Unauthorized UCC Termination Negate My Security Interest? - Enforceability of Forebearance Agreements Against Claims of Economic...more

The JOBS Act and Advertising in Rule 506 Offerings

by The California Securities Attorneys on 4/11/2012

President Obama signed the “Jumpstart Our Business Startups Act” (the JOBS Act) on April 5. This bill will make it substantially easier for companies to raise money although key provisions do not take effect immediately....more

FHFA Pilot REO Sale Program

by Orrick, Herrington & Sutcliffe LLP on 2/27/2012

On February 27, the FHFA announced the first pilot program transaction under the Real Estate-Owned (REO) Initiative, targeted to hardest-hit metropolitan areas (Atlanta, Chicago, Las Vegas, Los Angeles, Phoenix, and parts of...more

Turkey: A bumper year for Islamic finance

by Burak Gencoglu on 2/21/2012

The Turkish fi nancial market maintained its constant development in 2011 and recent reports from reputable international fi nancial institutions project that this development will continue in 2012. In 2011, Sukuk was...more

Turkey: Recent Changes to the Real Estate Investment Companies Regulations

by ilber aydemir on 2/16/2012

Recent changes implemented by the Capital Markets Board of Turkey regarding Real Estate Investment Companies (REICs)....more

The Eurozone Sovereign Debt Crisis: Investment Risks and Opportunities [Video]

by Dechert LLP on 2/6/2012

The ongoing Eurozone Sovereign Debt Crisis and changing regulatory environment are forcing many European banks to consider a variety of asset disposition and capital-raising transactions, creating both risks and opportunities...more

UK REITs: A New Dawn

by Amedeo Claris on 11/1/2011

This client briefing provides an overview of the proposed relaxation by the UK Treasury of the rules governing the UK Real Estate Investment Trust (REIT) regime that will come into force in April 2012. ...more

UK REITs: A New Dawn

by Amedeo Claris-Delmedico on 10/31/2011

UK Real Estate Investment Trusts (UK REITs) were introduced by the Finance Act 2006 to give investors a tax-efficient way of getting exposure to commercial property. This special tax regime came into force on 1 January 2007...more

Inside the Mind of a Fraudster - Profiling a Criminal

by Concepción, Martinez & Bellido on 10/21/2011

The overwhelming amount of fraud occurring and uncovered in South Florida, including mortgage, banking, securities, and regulatory fraud demands at least a cursory analysis of the personalities and behaviour that typify these...more

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

by Sheppard Mullin Richter & Hampton LLP on 9/19/2011

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

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Commercial Real Estate › Securities Law

Hong Kong – Applying Securities Laws to Sales of Hotel Units

J-REIT Reform – Finance and Insider Trading Regulations

North Carolina Securities Act Claims Take Shape In The Business Court

Using the Reg. S Exemption for Foreign Investors

Using Finders to Locate Investors – Bruce E. Methven

Using Rule 506 for Raising Money

Public Advertising of California Qualification by Permit Offerings

Court Grants Preliminary Injunction in Case Involving General Partnership Interests

EB-5 and U.S. Securities Law

EB-5 and U.S. Securities Law

Attorney's Participation in a Presentation to Potential Real Estate Investors Did Not Create a Duty Actionable Under Section 10(b)...

FAQ: Alleged Ponzi Scheme of Wayne L. Palmer and National Note of Utah, LC

June 5, 2012 - The Federal Crimes Watch Daily

Whalen: Too Much Regulation Caused JP Morgan $2 Billion Loss [Video]

How Offerors Can Act Regarding the JOBS Act

The Commercial Paper - A Banking and Financial Services Report from Phillips Lytle

The JOBS Act and Advertising in Rule 506 Offerings

FHFA Pilot REO Sale Program

Turkey: A bumper year for Islamic finance

Turkey: Recent Changes to the Real Estate Investment Companies Regulations

The Eurozone Sovereign Debt Crisis: Investment Risks and Opportunities [Video]

UK REITs: A New Dawn

UK REITs: A New Dawn

Inside the Mind of a Fraudster - Profiling a Criminal

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

Whalen: Too Much Regulation Caused JP Morgan $2 Billion Loss [Video]

The Eurozone Sovereign Debt Crisis: Investment Risks and Opportunities [Video]

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