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Commercial Real Estate Updates

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

Did WannaCry make you want to cry? Real risks for landlords and tenants

by Hogan Lovells on

As the extent of the damage caused by the recent WannaCry ransomware virus becomes clearer, businesses across the world have been reminded of the critical importance of cyber security measures, and the potential fall-out...more

Insurance Proceeds Payable To Tenant Diverted To Pay For Property Owner's Back Taxes

The Third Circuit Court of Appeals sitting in Pennsylvania recently issued a precedential decision that interpreted the definition of a “named insured” under a tax delinquency statute to encompass tenants of a property even...more

Deadline Extended for D.C. Comprehensive Plan Amendment Proposals

by Ballard Spahr LLP on

The District of Columbia Office of Planning (OP) has extended the deadline for individuals and groups to submit proposed amendments to D.C.'s Comprehensive Plan, which guides future growth and development in the District. OP...more

Senators Request GAO Review of CFIUS Oversight of Foreign Investment in U.S. Real Estate

by Davis Wright Tremaine LLP on

Three senators – Senate Banking Committee Ranking Member Sherrod Brown, Sen. Ron Wyden, ranking member on the Senate Finance Committee, and Sen. Claire McCaskill, ranking member on the Homeland Security and Government Affairs...more

OTA & Travel Distribution Update - May 12th, 2017

by Garvey Schubert Barer on

This week’s GSB weekly client OTA & Travel Distribution Update for the week ending May 12, 2017 is below. Rhetoric Over AHLA’s Planned Lobbying Efforts Ramps Up [OTA]. Not surprisingly, Priceline Group CEO Glenn Fogel...more

Eviction Immediately After Foreclosure?

Lenders who foreclose and take ownership of security property via credit bid at the foreclosure sale often confront a tenant whose lease has been extinguished, but who would rather not vacate the property....more

Smart Buildings - not all just bricks and mortar

by DLA Piper on

Imagine a day where any part of a building can report its own state of health, when a machine can tell you if its feeling unwell and 'needs a service', when you can track and prevent, before it happens, a water or gas leakage...more

Edinburgh Royal Hospital for Sick Children community right to buy application declined

by DLA Piper on

The Royal Hospital for Sick Children, Edinburgh is located in Marchmont and Sciennes, a leafy, desirable, residential area located a mile or so to the south of the city centre. The site extends to just over 4 acres and...more

New Potential Threats to Communities from the FCC - Comments Due Soon — BB&K Coalition Formed to Respond

by Best Best & Krieger LLP on

Does your community rent space to wireless providers on your buildings or light poles, or in your rights of way, community parks or water tanks? If so, you need to be aware that the FCC is asking...more

The Ontario Municipal Board may be no more

by Dentons on

The Province of Ontario announced changes to the land use planning appeals system this morning. Although the Province had publicly indicated it would not abolish the Ontario Municipal Board (O.M.B.), these changes will do...more

Deadline Approaching for D.C. Comprehensive Plan Amendment Proposals

by Ballard Spahr LLP on

The deadline is approaching for individuals and groups to submit proposed amendments to the District of Columbia's Comprehensive Plan, which guides future growth and development in the District. May 26 is the last day of the...more

A new dawn? Revised Telecoms Code receives Royal Asset

by Hogan Lovells on

In the sweep-up sessions just before Parliament was dissolved earlier this month, the Digital Economy Act 2017 received Royal Assent. The Act, once brought into force, includes a new Electronic Communications Code. What is it...more

Attention Mortgage Loan Servicers: Highest Court in Massachusetts Attempts to Clarify When Default Notices Must Strictly Comply...

by Hinshaw & Culbertson LLP on

The Massachusetts Supreme Judicial Court (SJC) provided further guidance - up to a point - on mortgagees’ strict compliance with the notice of default provisions within paragraph 22 of the standard mortgage (or the...more

Did Colorado Raise Your Property Tax Value? Here's How to Challenge the Valuation

by Faegre Baker Daniels on

Every odd year, Colorado reassesses real property for a two-year period. This year, we are seeing huge increases in property tax values across the state and especially in the Denver/Boulder areas. The value increases are...more

Sixth Circuit Court of Appeals Holds Properly Perfected Assignment of Rents Not Property of Bankruptcy Estate

by Foley & Lardner LLP on

In a significant ruling impacting commercial real estate lenders in Michigan, the 6th Circuit Court of Appeals has ruled that an absolute assignment of rents that had been fully perfected (by demanding payment from tenants to...more

Reassessing Contractual Jury Waivers Under Rincon EV Realty LLC v. CP III Rincon Towers, Inc.

by Weintraub Tobin on

Orange County is a hotbed for development and real estate. Lenders work hand-in-hand with real estate professional to make these deals happen. When using out-of-state financing, contractual jury waivers are commonplace. Under...more

Sledgehammers on hold

by Dentons on

The Valuation Office Agency has amended its practice note on how a property will be assessed for business rates when undergoing refurbishment or redevelopment. The revised practice note is a consequence of the Supreme...more

Government’s Termination of Lease Pursuant to its Terms is Not a “Taking”

by Nossaman LLP on

Public agencies own significant amounts of property throughout California and the United States. Sometimes, those properties are not being put to a public use, and the government acts as a landlord, leasing out property to...more

Forfeiture Case Based on Alleged Elaborate $230 Million Russian Laundering and Fraud Scheme to Settle

by Ballard Spahr LLP on

On the eve of trial this past Friday, the government announced an agreement to settle, subject to court approval, a major civil forfeiture action in the Southern District of New York. In the case, United States v. Prevezon...more

OTA & Travel Distribution Update - May 5th, 2017

by Garvey Schubert Barer on

Our OTA & Travel Distribution Update for the week ending Friday, May 5, 2017 is below. - Industry To Again Focus Attention on Distribution Duopoly [OTA]. In an article last week, Bloomberg shared details from an AHLA...more

Commercial Division Rejects Third-Party Claim as Derivative in Trusts’ Suit Concerning Upper West Side Beaux-Arts Building

Asserting a claim on behalf of a trust in the Commercial Division can be risky, as the party asserting the claim must establish that the claimed injury is independent of any injury to the trust, and that they are therefore...more

Assignment of LLC Interest Defeats Standing Despite Alleged Lack of Consideration

by Farrell Fritz, P.C. on

The rules of “standing” in business divorce litigation generally require that the plaintiff have an ownership interest in the business entity at the time of the alleged wrongful conduct and, for derivative claims brought on...more

Greater disclosure obligations for office owners

by Dentons on

Building owners’ obligations under the Building Energy Efficiency Disclosure Act - Currently, before offering to sell or lease office space over 2,000sm, owners must obtain the building’s energy efficiency rating and...more

Virginia Historic Rehabilitation Tax Credits: a Legislative Update

by Williams Mullen on

The Virginia Historic Rehabilitation Tax Credit (“HRTC”) Program (Virginia Code § 58.1-339.2) has been a significant factor in the preservation of historic properties and the revitalization of urban centers across the...more

How to Negotiate a Lease to Protect Your Business: Top 10 Tips for Retail Tenants

by Williams Mullen on

Below is a key list of 10 tips that retail tenants should consider when negotiating their commercial lease agreements. Hire a Broker - Other than consulting an attorney, hiring a knowledgeable commercial real estate...more

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