Commercial Real Estate Updates

Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:
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Court dodges "Drone Slayer"

A recent decision in the infamous "Drone Slayer" case answers some questions relating to the role federal courts will play as individuals seek to vindicate their property and privacy rights against UAS operators. But at the...more

New Law Requires Specific Disability Language in Commercial Leases

California Assembly Bill 2093 requires each commercial property owner/lessor to state on each lease form or rental agreement executed on or after January 1, 2017, whether the premises have undergone an inspection by a...more

End Of An Era Or Simply a Moment In Time?

What conclusions can we draw from the increasing vacancy rates in prime NYC retail real estate? A momentary blip? Something we’ve seen many times before, only to be followed by the inevitable climb in rents to their...more

Dilapidations Claims: Repair or Despair?

How can landlords make sure they can claim for the diminution in the value of their reversion when the lease of a dilapidated property comes to an end? Doing no work but hoping to claim was not a successful strategy for the...more

Tenant Relocation and Thinking Outside the (Big) Box

Retail shopping center growth has hit a big speed bump coming in to the 2017 New Year as increasing vacancy rates persist in many U.S. shopping centers. Big-box retailer Sports Authority announced in 2016 that it would close...more

A Retail Lawyer’s Reflections Upon Moonlighting as an Uber Driver - How Uber and Other Rideshare Services are Impacting Landlords,...

By now, we’ve all realized that rideshare services such as Uber and Lyft have materially impacted a number of industries during their relatively short lifetimes. For this real estate lawyer, 2016 represented the year in which...more

Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act

On March 25, Utah became the first state to enact the Uniform Commercial Real Estate Receivership Act (“UCRERA”) which was drafted by the National Conference of Commissioners on Uniform State Laws (the “Conference”) and...more

Lease Assignment Provisions—Why They Matter

When a tenant assigns its rights and interest under a lease to a successor tenant, the enforceability of the assignment and its legal consequences are usually addressed and governed by language in the assignor-tenant’s lease...more

Lien on Me: When is a Landlord Liable to a Tenant’s Contractors and Suppliers?

Almost every commercial retail lease provides that the tenant shall not allow any materialman’s or mechanic’s liens to be filed against the landlord’s real property. Moreover, in the event that a contractor or supplier does...more

Texas Supreme Court Approves Top Lease of Reversionary Interest; Orders New Trial on Production in Paying Quantities

In BP America Production Co. v. Laddex, Ltd. (Case No. 15-0248), the Texas Supreme Court recently ruled that a top lease that is a conveyance of an interest in a lessor’s possibility of reverter does not violate the Rule...more

Appellate Court Rejects CEQA Claims on Project Modifications Made After Final EIR Published

California's Fourth District Court of Appeal has provided useful guidance on processing requirements for environmental review documents prepared under the California Environmental Quality Act (CEQA) when project modifications...more

Squatting in mansions: The risk to residential as well as commercial premises

Since the beginning of this year, the so called Autonomous Nation of Anarchist Libertarians has occupied a number of multimillion pound residential properties in and around Belgravia. Autonomous Nation’s cause is to...more

AIG Europe Limited v Woodman and others

On 22 March 2017, the Supreme Court handed down judgment in the case of AIG Europe Limited v Woodman and others, in which they considered the meaning of the words 'a series of related matters or transactions' within an...more

Rating - the road to revaluation: Check, Challenge, Appeal: Wrong but not unreasonable will suffice...

The headlines continue to be dominated by the 2017 revaluation and the disappointing approach to reform delivered by the Chancellor's Spring Budget, which simply repeats the government's commitment to more regular...more

Reading the Financial Tea Leaves: CREFC Market Outlook Survey 2017

CREFC has surveyed some of its attendees—all major participants in the commercial real estate finance industry—at the 2017 CRE Finance Council January Conference in Miami. CREFC’s 2017 market outlook survey confirmed what we...more

Luxembourg Real Estate -Tax and Legal Developments

This brief report provides a summary of the most recent Luxembourg legal developments that currently affect and will be affecting real estate practitioners throughout 2017....more

Commercial Real Estate Sellers: Hire Your Own Attorney!

Many sellers believe, possibly based on their experience in residential real estate transactions, that they can rely on the buyer's attorney, or a real estate broker, to "represent" them in a transaction. Although it is...more

Tenant insolvency - Is there merit in a further moratorium?

The recent spate of high-profile company voluntary arrangements (CVAs), including those of BHS, Store 21 and more recently Love Coffee, The Food Retailer Group and Blue Inc, has placed this corporate rescue tool back in the...more

Collective Strata Sales: Fact v Fiction

The new NSW strata legislation commenced late in 2016 with the showstopper reform that owners in a strata scheme can now take part in a collective sale of the whole scheme on a 75% and above vote....more

A reminder to get replies to enquiries right

The High Court decision in First Tower Trustees Limited v. CDS (Superstores International) Limited [2017] EWHC B6 (Ch) is a salutary reminder of some of the pitfalls to avoid when providing replies to pre-contract enquiries...more

Expect Focus - International, Spring, March 2017

Rules of the (International) Road - An Overview - Going international is a complicated undertaking. Your specific situation and concerns will determine the steps required. The following outlines, very generally,...more

Even a “Bona Fide Purchaser” Can’t Rely on a Void Judgment

Under California law, “bona fide purchasers” who buy property with no notice (actual, constructive, or otherwise) of a competing claim to the property are generally protected. The law’s favorable treatment of bona fide...more

Chicago Department of Planning and Development releases Industrial Corridor Modernization Framework Plan

The Chicago Department of Planning and Development (DPD) has released its North Branch Industrial Corridor Modernization Plan. This framework plan is the first component of the City of Chicago's industrial corridor...more

Leasing Retail Stores in New York City

New York City is a fascinating and dynamic retail market. It is also one of the most competitive and challenging, requiring a careful and methodical approach to leasing to avoid potential commercial and legal pitfalls. This...more

Hotels 101: Legal and Business Issues in Hotel Development and Ownership, a Beginner’s Guide [Video]

Carlton Fields presents a conversation between David W. Adams, Of Counsel, and Daniel Weede, Shareholder. It’s the goal of this podcast to give those who have never participated in the hospitality industry an introduction to...more

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