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Monetizing Real Estate: A Method to Access Capital

The financial situation for hospitals and health care organizations remains challenging. The accrediting agencies, Moody’s, Fitch, and S&P all have negative outlooks for the hospital industry. Hospitals are facing numerous...more

How Remote is Bankruptcy Remote? Is an Operating Agreement Restriction Against a Bankruptcy Filing Without the Unanimous Consent...

Nonrecourse financing is common in today's commercial real estate lending market. So too are the use of special purpose entities ("SPEs") and limited guaranties from SPE members of all or a portion of the debt, the latter of...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

Winthrop & Weinstine Summary of Revenue Procedure 2014-12

Scope of the Guidance & General Information - 1. Application of the Guidance is limited to allocations of HTC from Buildings that are placed in service on or after December 30, 2013. 2. This means the Guidance...more

Safe Harbors for Rehabilitation Tax Credits

On December 30, 2013, the Internal Revenue Service issued much anticipated guidance, in the form of Revenue Procedure 2014-12, providing a safe harbor under which it will not challenge a partnership’s allocations of...more

IRS Issues Important Historic Rehabilitation Tax Credit Guidance

Background - On December 30, 2013, the Internal Revenue Service issued its long-awaited historic rehabilitation tax credit guidance in the form of a Revenue Procedure that outlines a safe harbor for allocations of the...more

Data Center Industry Investment- Trends and Opportunities [Video]

Advances in technology have helped to spur the data center industry's growth. James Dodsworth, Partner at White & Case, a leading law firm to the data center industry, discusses current trends and investment opportunities,...more

Joint And POD Accounts: Weapon of Choice Of Transferees When Exerting Undue Influence?

Joint And POD Accounts: Weapon of Choice Of Transferees When Exerting Undue Influence? by James F. McDonough, Jr. on October 1, 2013 Will contests alleging undue influence are not uncommon. A will was, for many years,...more

Clarification of section 601AG of the Corporations Act 2001 (Cth) for claims made policies

On 10 September 2013, in Sciacca v Langshaw Valuations Pty Ltd [2013] NSWSC 1285, the Supreme Court of New South Wales held that, in relation to claims made policies, the threshold test of section 601AG of the Corporations...more

Bezos May Have Trouble Securing Tax Benefits With WaPo

Bezos May Have Trouble Securing Tax Benefits With WaPo by Frank L. Brunetti on August 21, 2013 Amazon.com founder and chief executive Jeff Bezos turned some heads when the billionaire decided to purchase the Washington...more

Protecting Your Project From Litigation: Limited Liability Company vs. Partnership

If you have multiple investors/owners, one of the benefits of using a Limited Liability Company (LLC) to own real property rather than using a partnership is that the LLC offers better protection of the real property from...more

Focus on Landlords - Key Landlord Lease Issues

Landlords want to have a protective lease form, but tenants hate a 70+ page “killer” lease. A shorter lease can help a landlord quickly sign tenants, just make sure it covers key points. Here are some to think about. ...more

J-REIT Reform – Finance and Insider Trading Regulations

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

Miami: Our Best Climate is the One Serving Your Business

According to recent media reports, Miami has become the “go-to” location for companies seeking a better business, a fact that has been noticed by many major New York observing the trend of migration to Florida. Consider the...more

Quest for control of leading London hotels: Real estate finance and enforcement points of interest

Introduction Two related cases have recently ruled on points of interest to those involved in loan management and enforcement. Both cases relate to Patrick McKillen's quest for control of three leading London hotels and...more

Hidden Liability Traps in Real Estate Loans

Borrowers and their constituents generally benefit from certain limitations on personal liability for indebtedness secured by California real property. California’s one action and anti-deficiency rules require a lender faced...more

Ropes & Gray Real Estate Group Prominently Featured at IMN's 2nd Annual Real Estate General Counsel Forum

In this alert: - Ropes & Gray Real Estate Group Prominently Featured at IMN’s 2nd Annual Real Estate General Counsel Forum - Acquiring and Selling Notes: What You Need to Know - Of Operating Partners and...more

Ruling Protects Secured Creditors' Rights

Originally published in the Connecticut Law Tribune on September 24, 2012. When a Chapter 11 debtor proposes to sell secured assets prior to confirmation of a plan, it may not do so without providing its secured...more

Singapore Money Saving Tip - Refinancing In A Recession

The recent economic downturn have resulted in many of us tightening our belts. Everyone is looking for ways to reduce their spending. We often overlook the very obvious method (and also substantial) savings through...more

High Demand and Significant Opportunity for New Markets Tax Credit Financing in Maine

The Maine New Markets Capital Investment Program was established in 2011 to encourage private investment in low-income communities which lack good-paying jobs and have high rates of poverty. The Maine new markets program is...more

Nonresident Limited Partners Lose Entire Investments but Still Subjected to Large PA Tax Bills

On August 16, the Commonwealth Court upheld its perplexing January 2012 decisions that nonresident limited partners who lost their entire investments in a partnership owning Pennsylvania real estate, and who apparently had no...more

A New LLC Act for New Miami (and the Rest of Florida)

This is the first in a series of blog posts on the new Florida Limited Liability Company Act. Future posts will discuss issues relating to the Act and its ramifications on Miami (and Florida) businesses. The Need To...more

Third Circuit in Historic Boardwalk Hall: Tax Credit Investor is Not a Partner and Cannot Take Rehabilitation Tax Credits

On August 27, in Historic Boardwalk Hall, the Third Circuit Court of Appeals decided that a tax credit investor was not a partner because it “lacked a meaningful stake in the success or failure” of the project owner....more

Third Circuit Strikes Down Historic Tax Credit Deal

In Historic Boardwalk Hall, LLC, New Jersey Sports and Exposition Authority, Tax Matters Partner v. Commissioner of Internal Revenue, the U.S. Court of Appeals for the Third Circuit invalidated the allocation of federal...more

Miami Beach Convention Center Seeking P3 for Re-Development

Convention Centers Look to P3s to Become More Competitive Globally The PPP Bulletin recently reported that the city of Los Angeles is considering forming a public-private partnership with a private-sector entity to...more

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