Key Lease Work Letter Issues When the Tenant Is Doing the Work
Key Lease Work Letter Issues When the Landlord Is Doing the Work
Nonprofit Tenants and Lease Agreements: Best Practices and Pitfalls to Avoid
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
When Can Oregon Landlords Terminate Residential Tenancy Without Cause?
Practicing on the Front Lines of Landlord-Tenant Regulations and Housing Law
How Commercial Property Owners Can Collect Unpaid Rent from Commercial Tenants
It’s Lit? Insight into the Increase in Cannabis-Related Litigation in California
Landlord and Tenant Lease Risk Reduction for the Cannabis Industry
Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Law Brief®: Robert Wolf, Alexander Tiktin and Richard Schoenstein Discuss the Continuing Foreclosure/Eviction Moratorium
[Webinar] Cannabis Real Estate Considerations
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)
Commercial/Retail Therapy: Assessing the Pandemic’s Impact on Real Estate
Law Brief®: Debra Bodian Bernstein and Richard Schoenstein Discuss Commercial Lease Defaults During COVID-19
COVID-19 in the Workplace - PPP Update, COVID Plans from the Biden Transition Team, Higher Education Relief Package Provision, COVID WARN Act Developments
COVID-19 Commercial Leasing Trends (Part One)
Law School Toolbox Podcast Episode 265: Listen and Learn -- Constructive Eviction
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
This is the second episode in More with McGlinchey's two-part series on the ins and outs of retail space in the cannabis industry. Obtaining retail space for any small business is a big move. There are many issues to...more
On May 16, 2024, the U.S. Department of Justice (DOJ) issued its proposed rules to transfer cannabis from Schedule I of the Controlled Substances Act (CSA) to Schedule III of the CSA. The DOJ’s proposal follows the U.S....more
This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....more
The United States’ retail cannabis industry continues exploding, and it doesn’t show any signs of slowing down. These numbers are guaranteed to change after this Tuesday’s election, but as of October 2022, 37 states have...more
On March 31, 2021, New York passed the Marijuana Regulation and Taxation Act (the Act), joining a growing number of states that have legalized the recreational use of cannabis for adults. The immediate change brought about by...more
A fundamental component to any marijuana business portfolio is the business’ underlying relationship with the real estate property upon which the license is located. In a best-case scenario, a business would hold title to the...more
Although cannabis is still classified as a controlled substance at the federal level, New York State recently enacted the Marijuana Revenue and Taxation Act (MRTA), a law legalizing adult-use cannabis within the state....more
Summary - South Dakota has legalized recreational and medical marijuana. On November 3, 2020, South Dakota voters approved Initiated Measure 26 (Measure 26) to legalize medical marijuana and also passed Constitutional...more
Recently, I had the opportunity to moderate panels on cannabis and commercial real estate at programs held in Los Angeles and Chicago. I won’t say it was the best of times or the worst of times, but I will say “it was the...more
Though states continue to legalize the use and sale of marijuana for medicinal and recreational uses, under federal law, marijuana remains an illegal “Schedule 1” drug pursuant to the Controlled Substances Act. ...more
Commercial property owners and tenants often ask their lawyers for a "form lease." But no form will fit every situation, and this is particularly true when the tenant is a cannabis business. Because cannabis remains...more
Goodbye LIBOR - Hello Operational Headache! A sea of change is on the horizon for benchmark interest rates as financial regulators respond to the need to replace the London Interbank Offered Rate (“LIBOR”). LIBOR has lost...more
Although Virginia remains ones of the stricter states in the nation when it comes to marijuana use, the General Assembly has shown some movement toward loosening those restrictions. On March 9, 2018, a new law took effect...more
Hemp and cannabidiol (CBD) products are dominating the airwaves and the marketplace, and North Carolina has been at the forefront, ranking sixth in the nation in acres of hemp produced in 2018. Many predict that the market...more
Although legal in many states, marijuana remains illegal under federal criminal law. See 21 U.S.C. § 856(a)(1). One would think that engaging in illegal activity under federal criminal law would preclude relief under federal...more
The industry is exploring ultra-short-term stays (in increments of minutes or hours) under startup Recharge, which allow hotels to rent out rooms for less than one day to people who need space for a quick nap. Recharge...more
Throughout 2018, we have discussed the implications of the legalization of marijuana on the real estate industry. In this final year-end edition, we provide a few important considerations and recommendations for property...more
Real estate leasing to cannabis businesses requires more than a standard lease to ensure the relationship goes smoothly and that both parties get what they expect. There are a number of unique clauses to consider in drafting...more
A recent federal court of appeals’ decision raises interesting questions for all policyholders, particularly commercial and residential landlords with tenants that grow, possess, and/or distribute cannabis, even where it is...more
Is a landlord who accepts rent from a cannabis dispensary tenant entitled to bankruptcy relief in a federal forum? In In re Olson, 2018 WL 989263 (B.A.P. 9th Cir. Feb. 5, 2018), the Bankruptcy Appellate Panel for the Ninth...more
A fundamental rule of contract law is that “illegal” contracts are not enforceable. But what constitutes an “illegal contract”? Generally speaking, an illegal contract is one where the performance of the contract results in...more
In jurisdictions where recreational marijuana is legal, many retail entrepreneurs and commercial landlords want to understand how and if marijuana can be consumed in retail establishments. In jurisdictions such as Colorado...more