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Landlords

Mandelbaum Barrett PC

Real Estate Spotlight On: Financing Ground Leases

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What is a ground lease? A ground lease is a long-term agreement where a ground tenant leases land from a landowner and has the right to develop and use that land during the lease period. Typically, the ground tenant owns any...more

Baker Botts L.L.P.

Competition Currents: Summer's Hottest Headlines and Future Forecast

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Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more

Rivkin Radler LLP

Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

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When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more

Baker Botts L.L.P.

Competition Currents: Summer 2024 News Round Up

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Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more

DarrowEverett LLP

Mastering the Art of Lease Negotiation: Crafting Win-Win Agreements

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Clients often request that their counsel focus lease negotiations exclusively on those terms most likely to have the most significant impact on economics and the long-term relationship with the counterparty. This request...more

Troutman Pepper

Colorado Argues for Expanded Application of State’s Consumer Protection Statute

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In a recent amicus brief submitted to the Colorado Supreme Court, the Colorado Attorney General’s (AG) office has expressed its support for plaintiffs in a case that raises questions about the interplay between Colorado’s...more

Cooley LLP

CFPB Report Highlights ‘Aggressive,’ ‘Illegal’ Medical and Rental Debt Collection Practices

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On September 5, 2024, the Consumer Financial Protection Bureau (CFPB) released its annual report on debt collection, drawing attention to a range of activities with respect to medical and rental debt collection that the CFPB...more

Hogan Lovells

The Renters Rights Bill – What’s new?

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The previous government put forward a huge agenda for leasehold reform. While they managed to pass the Leasehold and Freehold Reform Act 2024 before parliament was dissolved – which introduced a ban on new leasehold houses...more

Arnall Golden Gregory LLP

How Detailed Site Plans and Letters of Intent Can Streamline Your Lease Negotiations

As leases get more complicated and less standardized, and with properties rarely conforming from one to another, there are two documents that can hasten the successful negotiation process and achieve a document that can best...more

Hogan Lovells

UK Real Estate Horizon Scanner Autumn 2024

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The new UK government has leapt out of the starting blocks at full pace in terms of promises of reform, a rental revolution and a planning shake-up. So what is coming down the line in terms of new legislation over the next...more

Blake, Cassels & Graydon LLP

Leasing Agreements in Quebec: True Lease or Financing Lease in the Context of an Insolvency?

One of the main advantages for a debtor to seek protection under the Companies’ Creditors Arrangement Act (CCAA) or the Bankruptcy and Insolvency Act (BIA) is the stay of proceedings that prevents creditors faced with a...more

Epstein Becker & Green

Importance of Negotiating Tenant Improvement Allowance Provisions in Health Care Leases

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In our ongoing series of blog posts, we have examined key negotiating points for tenants in triple net health care leases. We also have offered suggestions for certain lease provisions designed to protect tenants from...more

Cooley LLP

DOJ Challenges Use of Certain Pricing Algorithms

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On August 23, 2024, the Department of Justice (DOJ) sued real estate software company RealPage alleging the company’s software reduces competition between landlords, resulting in inflated rents and less favorable lease terms...more

Saul Ewing LLP

On Substantial Completion In Construction Contracts

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“Substantial Completion” is a critical concept in construction contracts and one as to which parties often have contrary conceptions. Finding a definition of Substantial Completion acceptable to both the owner and the...more

Orrick, Herrington & Sutcliffe LLP

DOJ Takes Aim at AI-Powered Rent Prices

The U.S. Department of Justice (DOJ) and eight state attorneys general filed an antitrust lawsuit against real estate software company RealPage on August 23, 2024. The lawsuit alleges that RealPage’s algorithmic pricing...more

Orrick, Herrington & Sutcliffe LLP

Senator writes to DOJ’s Civil Rights Div. regarding automated evictions

On August 16, the Chair of the Senate Committee on Banking, Housing, and Urban Affairs’ Subcommittee on Housing, Transportation, and Community Development, Senator Tina Smith (D-MN), wrote to the Assistant Attorney General...more

DLA Piper

“Greening” Your Leases: The Cornerstone of Climate Resilience and Readiness in Commercial Real Estate

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Many large companies have reported that they are not sufficiently prepared to meet emerging climate-risk reporting and verification requirements, or prepared to take advantage of climate-related opportunities, according to a...more

Lowndes

Navigating the Pitfalls of Exclusive Use Clauses

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In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against Competition: Exclusive...more

Stoel Rives LLP

What Landlords Should Know When Restaurant Tenants Go Under

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As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key...more

Orrick, Herrington & Sutcliffe LLP

DOJ, States sue commercial real estate management software company, allege antitrust violations

On August 23, the DOJ’s Antitrust Division announced that, with eight states, it filed suit against a commercial real estate management software company, alleging antitrust violations. The complaint, filed in the Middle...more

Mintz

Arbitration Clauses and Class Action Waivers in Residential Leases: Are They Enforceable?

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Landlords and property managers are increasingly adding arbitration clauses with class action waivers to their residential leases. These lease provisions can protect landlords from the significant time and costs associated...more

Morrison & Foerster LLP

DOJ Rages Against the Machine: The Feds and Several States Accuse RealPage of Helping Landlords Collude and Monopolizing...

After more than a year of scrutiny and commenting on lawsuits brought by others, the Department of Justice (“DOJ”) finally entered the algorithmic price-fixing fray in its own right. On August 23, 2024, DOJ, along with eight...more

Kerr Russell

Price Collusion in the Crosshairs

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There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

Blake, Cassels & Graydon LLP

Crédit-bail au Québec : Imposteur ou véritable contrat de location en cas d’insolvabilité?

L’un des principaux avantages pour un débiteur de se placer sous la protection de la Loi sur les arrangements avec les créanciers des compagnies (« LACC ») ou de la Loi sur la faillite et l’insolvabilité (« LFI ») consiste en...more

Benesch

The DOJ's Lawsuit Against RealPage: Unpacking the Allegations and Implications for the Rental Market

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The U.S. Department of Justice (DOJ) and eight state attorneys general have filed a lawsuit against real estate software company RealPage, alleging that its algorithmic pricing system has contributed to widespread...more

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