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Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

Impact of the New Tax Reform Legislation on the Real Estate Industry

by King & Spalding on

On December 22, the President signed the Tax Cuts and Jobs Act (“TCJA”) into law. TCJA changes the taxation of individuals and businesses in many ways. While there are still many open questions to be addressed by technical...more

German Court Voids Defect-Curing Clauses in Written Form Lease Agreements

by Jones Day on

The Situation: A decision by the German Federal Court of Justice has made null and void written form defect-curing clauses in lease agreements. The Result: It is likely that more tenants and landlords will attempt to...more

The “Real Dirt” Tax Reform and the Real Estate Industry

by Burr & Forman on

Just prior to 2017 year end, Congress passed tax legislation that legislators and tax pundits alike describe as the most significant overhaul of the Internal Revenue Code since the 1986 Tax Act] championed by President Ronald...more

Property in 2018: all change

by Dentons on

Who says that property law doesn't move with the times? 2018 kicks off with talk of a register of beneficial ownership, consultations on topics as diverse as electronic signatures and chancel repair liability, plus proposals...more

Continuous Operations Clauses: Can Landlords Force Tenants to Remain in Business?

by Miles & Stockbridge P.C. on

Amid the uncertainty plaguing brick and mortar retail establishments, some commercial landlords may find themselves with an extra tool in their arsenals to temporarily stave off tenant vacancies: continuous operations...more

It’s Never Too Late to Ensure Your Association is Properly Insured

by Husch Blackwell LLP on

It has been said that insurance is the only product that both the seller and buyer hope is never used. That certainly rings true when it comes to community Associations’ insurance policies, but it does not diminish the need...more

Court Ruling Highlights “The Perils Of Going Into Business With Family Members”

by Murtha Cullina on

An Indiana Court of Appeals recently ruled upon a dispute between a mother and her daughter and son-in-law(and their business) concerning the lease of commercial property and the repayment of loans the mother made on the...more

Government consults on abolition of the “staircase tax”

by Hogan Lovells on

Business occupiers (and particularly small business owners) welcomed the announcement in the Autumn 2017 Budget that the government is putting an end to the so-called “staircase tax”. ...more

January 2018: Lender's Edge Newsletter

by Polsinelli on

Are Lenders Entitled to Insurance Proceeds When Foreclosing? A lender’s right to insurance proceeds after foreclosure depends on the type of loss payable clause contained in the insurance policy and the timing of the loss....more

Conference of State Bank Supervisors Urges Federal Regulators to Simplify Regulatory Capital Rules

by Ruder Ware on

On September 27, 2017, the FDIC, the Federal Reserve, and the OCC (the “Agencies”) issued a proposed rule that simplifies the compliance requirements of the existing regulatory capital rules and is intended to reduce the...more

Property litigation update – pilot scheme launched for LTA 1954 unopposed lease renewals

by Dentons on

In January 2018 a one-year pilot scheme will be launched (postponed from 1 December 2017) for unopposed lease renewal proceedings issued at the County Court at Central London (CLCC). The scheme will transfer unopposed lease...more

Tax Reform Advisory: Real Estate Industry

by Goulston & Storrs PC on

On December 22, 2017, the President signed into law H.R. 1, informally known as the “Tax Cuts and Jobs Act” (the “Act”). The Act will have a significant impact on many sectors of the economy including the real estate sector....more

Vitamin D and Retail: But Not Without Due Diligence First

by Goulston & Storrs PC on

We’ve all read about the question marks floating around the fate of brick and mortar retail in America. Factors like the strength of e-commerce and shifting consumer preferences (such as the popularity of urban centers over...more

Tips for Drafting and Negotiating Restaurant Leases

As restaurants gain popularity as the flashy new anchor tenants in real estate developments, a number of restaurant-specific lease concepts will arise in lease negotiations for a well-planned restaurant space. The importance...more

Teavana and Whole Foods: Is the Pendulum Swinging in Favor of Protecting Mall Landlords Against Strategic Tenant Closures?

by Goulston & Storrs PC on

As mall landlords continue to see substantial tenant vacancies, some landlords have begun to challenge solvent tenants who decide to go dark before the end of their lease. In two important recent cases — Simon Property Group,...more

Latest Earthquake Assignment Decision

by DLA Piper on

Statements made by contracting parties may give rise to enforceable rights. Where there is no contractual relationship, a party that has suffered detriment in reliance on statements made by another may still have remedies in...more

New rules for financial leasing in Italy

by White & Case LLP on

New rules establish a legal framework for financial leasing agreements in Italy.   Before the new rules, financial leasing agreements lacked a dedicated legal regime in Italy. Instead, Italian courts applied - at times...more

Legalized Marijuana Resulting in Real Estate High: Industry Side-Effects

The real estate industry has been on a high after the legalization of marijuana, but as we examined in “Part 1: The Real Estate Bloom,” getting involved in this budding industry comes with risks, the majority of which stem...more

How "Highest and Best Use" Can Substantially Impact Just Compensation for Landowners

by Nexsen Pruet, PLLC on

The taking of private property for public use is referred to as condemnation or eminent domain. While federal, state, and municipal governments may unilaterally take private property for public use, landowners are...more

Last Minute Tax Change Benefits Commercial Real Estate

In general, the Tax Cuts and Jobs Act bill allows pass-through owners making less than $157,500 ($315,000 for married couples) to take a flat 20 percent deduction on certain business income, before computing the ordinary...more

Don't Get Stitched

by K&L Gates LLP on

You think that you have found the perfect space – but have you done your due diligence? Entering into a lease is one of the most significant financial commitments for most businesses and one of the most important decisions a...more

Sale Of Shares At Sheriff’s Sale May Constitute Conversion

by Allen Matkins on

One might expect that a sheriff’s sale of stock pursuant to a writ of execution could not result in a viable claim for conversion by a judgment debtor. A California Court of Appeal, however, has ruled that it could....more

ICSC New York Deal Making (2017)

by Goulston & Storrs PC on

On December 6-7, the Javits Center played host to this years’ ICSC NY Deal Making Conference. ICSC featured a new format at this years’ Conference. In addition to the deal making opportunities on Wednesday and Thursday, ICSC...more

Legalized Marijuana Resulting in Real Estate High

The real estate industry is booming in states where marijuana is blooming—that is, in states that have legalized the medicinal and recreational use of marijuana. Here is a quick overview. In November 2016, voters in...more

Out is Now In – Understanding the Outparcel Trend and Potential Pitfalls

During the last several years, we have noticed a trend in the world of retail development. More and more “big-box” retail companies are carving out parts of their parking lots to create new outparcels. To understand the...more

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