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Vinson & Elkins LLP

Senate Draft Tax Provisions Impacting REITs and Foreign Investors

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On June 16, 2025, the Senate Finance Committee released its draft tax title for inclusion in the Senate’s version of the budget reconciliation bill, known as the “One Big Beautiful Bill Act” (the “OBBBA”). While the Senate...more

Zelle  LLP

Massachusetts Collapse Decision Highlights Importance of Careful Underwriting

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During the underwriting process, carriers should review affirmative coverages not only to ensure consistency with applicable exclusions but also to make sure that the coverages themselves are internally consistent. Failure to...more

Tucker Arensberg, P.C.

Structuring Right of First Refusal Clauses: Dos and Don’ts to Avoid Legal Landmines

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A Right of First Refusal (ROFR) Clause is an optional clause that may be included in certain commercial leases which grants a tenant the first right to buy the property should the owner decide to sell....more

Pillsbury - Gravel2Gavel Construction & Real...

Pillsbury’s Guide to Data Centers

As a law firm, Pillsbury’s experience with data centers dates to the dot-com era, when I advised on buildouts in Silicon Valley and New York City and Jamie Bobotek advised on centers of America On-Line (then spelled out!) and...more

Farella Braun + Martel LLP

Outside Baseball: IP Rights in Public Performances

A lawsuit between the Chicago Cubs and the owner of a rooftop venue near Wrigley Field raises important questions about the scope of intellectual property rights and the extent to which a property owner can profit from the...more

A&O Shearman

Ninth Circuit Reinstates Putative Class Action Against Real Estate Syndicator, Holding That Complaint’s Fraud Disclaimer Did Not...

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On June 10, 2025, the United States Court of Appeals for the Ninth Circuit reinstated a putative class action asserting claims under the Securities Act of 1933 against a real estate syndicator, one of its executives, and...more

Holland & Knight LLP

Deals on Wheels: Legal Pitfalls and Protections in Automotive Property Sales

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Automotive real estate (such as automobile dealerships, agricultural equipment dealers and service centers) straddles retail and industrial uses. This unique characteristic means that buyers and sellers of automotive real...more

Farrell Fritz, P.C.

After the Grievance Deadline: What Commercial Property Owners Should Know About Settlement Season

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The third Tuesday in May marks the end of the Suffolk County, Nassau County and New York City annual grievance filing season and the beginning of administrative hearings and deliberations that could yield significant...more

Stikeman Elliott LLP

Go-To: Dealer Business Trigger for Serial LP Issuers Clarified by Ontario’s Capital Markets Tribunal

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Under Canadian securities law, the requirement to register as a dealer is triggered by trading securities for a business purpose. One of the uncertainties under the “business trigger” test and associated guidance is whether...more

Hinshaw & Culbertson - Consumer Crossroads

Rent Receivership in Connecticut: Legal Strategies for Servicers and Owners of Non-Performing Commercial Loans

Servicers and owners of non-performing commercial loans may seek the appointment of a rent receiver to manage cash flow and keep utilities and property vendors current during the pendency of a foreclosure. Connecticut...more

Greenberg Glusker LLP

California Supreme Court Affirms Alternative-Performance Cotenancy Clauses in Retail Leases

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The California Supreme Court upheld a shopping center cotenancy provision, which allowed the tenant to pay reduced rent if the center’s occupancy fell below a certain threshold, finding the lease provision was an enforceable...more

Arnall Golden Gregory LLP

Boilerplate is Not Boring: Why Boilerplate Lease Clauses Matter

You’re familiar with the boilerplate provisions, often under “Miscellaneous” at the end of a lease. Despite their B-side placement within the lease, these clauses can contain key lease terms. From integration and force...more

Arnall Golden Gregory LLP

Three Easy Tips for Lease Negotiations

In negotiating leases, there are many potential pitfalls. Below, we highlight three common issues, as well as smart strategies that will lead to better outcomes at the negotiation table. A failure to distinguish important...more

Stikeman Elliott LLP

Abus de droit contractuel lors de la renégociation des baux commerciaux : La Cour supérieure se prononce sur les offres...

Stikeman Elliott LLP on

A translation of this post will be available soon. Dans la décision Grains Boivins inc. c. Élevages St-Georges inc. (2025 QCCS 25), datée du 10 janvier 2025, la Cour supérieure a rendu une décision rappelant que le...more

Sullivan & Worcester

Sullivan & Worcester Submits Comments to IRS Urging Caution in Applying Cloud Transaction Framework to REIT Rules

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On June 9, 2025, Sullivan & Worcester submitted a comment letter to the Internal Revenue Service (IRS) in response to Notice 2025-6, which requests public input on the possible expansion of the cloud transaction framework...more

Carlton Fields

C-PACE, An Increasingly In-Demand CRE Financing Mechanism

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Currently available in approximately 40 states and the District of Columbia, the U.S. Department of Energy’s Commercial Property Assessed Clean Energy (C-PACE) is a locally administered financing program that provides...more

Smith Anderson

N.C. Court Confirms Stormwater Runoff Across Property Lines Can Amount to Trespass

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The North Carolina Court of Appeals recently decided H/S New Bern, LLC v. First Berkshire Properties, LLC, which establishes important precedent regarding stormwater management obligations and trespass liability in...more

Vinson & Elkins LLP

Texas Supreme Court Clarifies Ownership of Salt Caverns

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On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt...more

Winthrop & Weinstine, P.A.

From Lottery to Launch: What Comes Next for Minnesota Cannabis Licensees

On June 5, 2025, the Minnesota Office of Cannabis Management (“OCM”) held its first lottery for applicants seeking cannabis business license types that are available in limited quantities. This marks the first grant of...more

Goulston & Storrs PC

What Happens in Vegas… A First Timer’s Perspective on ICSC Las Vegas 2025

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What happens in Vegas definitely shouldn’t stay in Vegas—especially when it comes to sharing the dealmaking, relationship-building, and industry insights I observed during my first experience at ICSC Las Vegas in May....more

Vorys, Sater, Seymour and Pease LLP

Development Incentives Quarterly: Spring 2025

As data center power demands reach hundreds of megawatts or even gigawatts, particularly driven by AI applications, traditional power delivery models are facing significant constraints. Behind-the-meter (BTM) or...more

Foley Hoag LLP - Energy & Climate Counsel

Massachusetts Statewide Large Building Energy Reporting Rules Now in Effect

The new regulations set the first statewide energy usage reporting deadline for large buildings, which is coming up on June 30, 2025. Building on our previous updates on LBER, here’s what the regulated community needs to know...more

Pullman & Comley - For What It May Be Worth

Connecticut Focuses on Streamlining/Incentivizing Commercial to Residential Building Conversions

As part of an ongoing effort to address the affordable housing shortage, the Connecticut General Assembly has passed Senate Bill No. 1444 which is designed to facilitate the conversion of certain buildings to residential use....more

Allen Matkins

What impacts are you seeing from California Assembly Bill 98 on the financing and development of industrial projects? How are...

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“We have represented several clients who are looking to acquire and reposition warehouse properties. Today, these properties are not being used for ‘logistics uses,’ the term used in AB 98. For example, one of our clients has...more

Bennett Jones LLP

Lease Termination Clauses: Know the Target Before Pulling the Trigger

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In the glow of negotiating a commercial lease, no landlord or tenant wants to think about how it might end early. But recent developments again remind us that a nuanced termination clause will significantly affect if, when...more

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