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The Future of Trust IPOs in Asia

With developed and active real estate investment trust (REIT) markets and expanding business trust (BT) markets, trust IPOs have earned themselves a solid place in the Asian financial marketplace. “Trust IPOs are no longer a...more

California’s New Rule for Private Fund Advisers Will Result in Significant New Requirements and Restrictions for Many Real Estate...

On August 27, 2012, the California Department of Corporations adopted a new Rule 206.204.9, which was intended to encourage capital investment in private investment funds by providing an exemption from investment adviser...more

Are Condo Hotels Making A Comeback?

Condo hotels offer private individuals the opportunity to purchase a condominium unit for personal use part of the year and for rent to the general public as part of a hotel when it is not in use by the owner. These projects...more

Your Condo May Be Secure, But Not A Security

Two years ago, I wrote about U.S. District Court Judge Dana Sabraw’s opinion in Salameh v. Tarsadia Hotels, 2011 U.S. Dist. LEXIS 30375. The case involved the question of whether ownership interests in individual units of...more

Federal Reserve Bank of Dallas Staff Papers: How Bad Was It? The Costs and Consequences of the 2007–09 Financial Crisis

Federal Reserve Bank of Dallas Staff Papers The Costs and Consequences of the 2007–09 Financial Crisis The Financial Crisis Cost More Than $14 Trillion: Dallas Fed Study The financial crisis likely cost at least a...more

Treasury Secretary Testifies about CMBS Markets and Dodd Frank

On May 21, 2013, Treasury Secretary Jack Lew in his role as Chairman of the Financial Stability Oversight Council ("FSOC") testified before the House Financial Services Committee. In its annual report, the FSOC stated that...more

Hong Kong – Applying Securities Laws to Sales of Hotel Units

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

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

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

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

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

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

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

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

Turkey: A bumper year for Islamic finance

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

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

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

Inside the Mind of a Fraudster - Profiling a Criminal

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

SEC Argues That Sales Of Hotel Rooms Are Sales of A Security

In June, I wrote this post about U.S. District Court Judge Dana Sabraw’s opinion in Salameh v. Tarsadia Hotels, 2011 U.S. Dist. LEXIS 30375. The case involved the question of whether ownership interests in individual units...more

The Internal Revenue Service Rules in Favor of Multi-Class REIT Structure with Deductible Offering Costs

In a private letter ruling (PLR) that we obtained on behalf of a client, the IRS extended rules applicable to open-end mutual funds (RICs) to a publicly registered, non-traded real estate investment trust (a REIT). The IRS...more

"Can I use finders?"

"Can I use finders to raise the money?” Anyone faced with the challenge of funding a project from non-bank sources will ask this question sooner or later. The law governing finders depends on whether you are engaging...more

Sukuk: An attractive way to develop Islamic finance in Turkey

Turkey has amended its capital market law in a drive to spur investments from the Middle East. BURAK GENCOGLU and ALI CEYLAN discuss this new foreign policy approach....more

Structuring Joint Venture Agreements

The relationship between developers of real estate and investors can be complex. This article sets out the basic terms and conditions that must be addressed by the parties when forming a joint venture/partnership with the...more

Real Estate Law & Industry - Covered Bonds Staged to Become Alternatives or Complements to Securitization

As the fog surrounding the floundering U.S. financial sector begins to clear, one possibility for righting the finance of both housing and commercial real estate is the covered bond. Until recently, the prospect of...more

How to Raise Money for CA Real Estate Deals Legally

When you need to raise money for a California real estate venture, there are several options under California real estate syndication law and state and Federal private placement law. This article examines one option. ...more

China REIT Update

After several years of speculation, it looks like China is at last in the process of implementing a real estate investment trust (REIT) regime. While property developers and investors, who have eagerly been awaiting the...more

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