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Using condo hotels for financing new hotel development: The traditional condo hotel structures as “non-securities”

A properly structured deal is critical to success - Perhaps the greatest satisfaction of working in the real estate industry is that a single transaction can produce so many winners. Properly structured deals can offer...more

Condo hotel revolution and resurgence: Why developers are using “new breed” of condo hotels for financing - One “little” legal...

We are now at a pivotal point for condo hotels. We are witnessing the complete turnaround in the way developers will structure condo hotel deals — particularly for high-end and luxury properties. This 180 degree turnaround in...more

REsource -- Fall 2014

A Guide to Real Estate Crowdfunding Today - The idea of creating large scale syndicates to purchase real estate is a classic concept. Large scale syndication traces its roots directly back to the 1920’s, when...more

Regulators Adopt Risk Retention Rule with Few Changes

A final credit risk retention rule was recently issued with respect to asset-backed securities (ABS) by the prudential bank regulators (the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance...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

Properly Structured Sales and Marketing Programs for Condo Hotel Developers Are Imperative Under Salameh

Last month the Ninth Circuit Court of Appeals issued an important opinion that could establish a safe harbor to protect condominium hotels from being characterized as securities under federal and state securities laws. In...more

The Hard Rock Hotel San Diego -- a condo hotel -- did NOT offer "securities" according to new appellate court decision in Salameh...

Hotel Lawyers on "hotel condo" units as securities (or NOT). An important decision on when a condo hotel does NOT involve the sale of a "security" One of the most significant challenges for developers of a condo...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

SEC Approves Advertised Rule 506 Offerings

Final regulations allowing advertised Rule 506 offerings. ...more

Waterfall Distributions for Investors – Bruce E. Methven

Managers who are organizing an investment funds....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

Using the Reg. S Exemption for Foreign Investors

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

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

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

Public Advertising of California Qualification by Permit Offerings

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

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

June 5, 2012 - The Federal Crimes Watch Daily

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]

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

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

Turkey: Recent Changes to the Real Estate Investment Companies Regulations

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

UK REITs: A New Dawn

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

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

Irwin -v- Deasy

Supreme Court upholds High Court decision in Irwin -v- Deasy in relation to co-owners of registered land

The Supreme Court ruled in relation to the remedies available for the enforcement of a judgment registered against only one of the co-owners of registered land. The High Court found that it did not have jurisdiction to...more

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