Politicians are touting a new tax proposal they claim would "close the carried interest loophole." The tax proposal wouldn't eliminate carried interests as implied—it would only extend the holding period from three to five...more
8/1/2022
/ Accredited Investors ,
Capital Gains ,
Carried Interest ,
Commercial Property Owners ,
Commercial Tenants ,
Conflicts of Interest ,
Investment Funds ,
Investment Management ,
Mortgage REITS ,
Pension Funds ,
Proposed Legislation ,
Real Estate Investments ,
Rent ,
Tax Basis ,
Tax Cuts and Jobs Act
Many legal contracts operate like coordinate harmony. The parties have different roles, but each is equally important to the transaction. Differences in bargaining power may allow one party to have the upper hand, but both...more
Tenants under commercial leases can be viewed like student musicians, with their landlords being like the orchestra or band. Tenants, like student musicians, have wants and needs. But like orchestras and bands, landlords have...more
2/22/2021
/ Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Economic Downturn ,
Landlords ,
Mortgage Lenders ,
Special Purpose Entities
The COVID-19 pandemic abruptly changed what people need from real estate, whether it be a concert venue, a strip center, or a shopping mall. Savvy retail real estate owners who, like the Music Hall patrons, adapt to tenants’...more
12/16/2020
/ Commercial Leases ,
Commercial Property Owners ,
Commercial Real Estate Market ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Hospitality Industry ,
Mixed-Use Zoning ,
Rental Property ,
Restaurant Industry ,
Retailers ,
Shopping Centers ,
Shopping Malls
BABIES Act -
Equity in diaper changing became law in 2016 when Congress passed the BABIES Act, formally named the Bathrooms Accessible in Every Situation Act. That law requires all public restrooms in federal buildings to...more
San Miguel Festival President, Helenmarie Corcoran, refused to view COVID-19 as a catastrophe. Instead, she saw it as an “opportunity for the entire organization to undertake new thoughts and implement additional measures the...more
Anatomy of a Force Majeure Clause
Force majeure provisions excuse a party from performing under a contract if certain “force majeure” events happen. Force majeure clauses are standard in some real estate industry...more
Recent weeks have brought concerns about novel coronavirus (“COVID-19”), including in Montgomery County, Maryland in the Washington, DC Metro area, where my office is located. It’s expected the virus eventually will find its...more
3/10/2020
/ Civil Liability ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Criminal Liability ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Risk Mitigation ,
Workplace Safety
This article is part of a series on Demystifying the Commercial Lease. Previous articles in the series discuss Types of Leases, Letters of Intent, Base Rent, and Common Area Maintenance Charges. This article discusses tenant...more
Like musician compensation, rent in commercial leases can be comprised of many different payments to a landlord. A lease may include base rent, gross rent, additional rent, common area maintenance charges (CAM), ground rent,...more
It’s not as easy to try out commercial rental space as it is musical instruments. It’s expensive for the landlord to get the space ready for a tenant, and it’s expensive and disruptive to the tenant’s business to move into a...more
Like musicians, real estate owners must repair and maintain their properties to keep them in good condition. And like musicians, real estate tenants always pay for that repair and maintenance. In a building where tenants...more
Like instrumental music parents, business owners also may face numerous commercial real estate lease options. Whether they are entering into their first commercial lease or are expanding their operations, business...more
Facial Recognition Technology -
For those who are neither a wizard nor a violinist, one of the most unique things they lay claim to is their face. Faces are so unique that technology can use a person’s face to in lieu of...more
5/21/2019
/ Audio Recording ,
Biometric Information ,
Commercial Property Owners ,
Commercial Tenants ,
Data Collection ,
Data Retention ,
Facial Recognition Technology ,
Landlords ,
Policies and Procedures ,
Privacy Concerns ,
Risk Management ,
Surveillance ,
Tenants ,
Video Recordings