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Stark & Stark

Understanding the Right of First Refusal Clause in Real Estate Transactions

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What is a right of first refusal clause in a real estate transaction? A right of first refusal, “ROFR,” may be considered a common clause seen in real estate agreements. But the effects of an ROFR can be quite harmful if...more

Allen Matkins

What kinds of assets are investors targeting in today’s shifting political and economic climate?

Allen Matkins on

“I am seeing continued enthusiasm for existing multifamily assets – particularly those with a value-add opportunity. Although renovations are expensive, the improvement of an existing multifamily asset provides investors with...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

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In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Goulston & Storrs PC

Equal Protection Not on the Menu This Time

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In North End Chamber of Commerce (“NECC”) v. City of Boston, the NECC and several restaurants in the North End neighborhood of Boston (“Plaintiffs”) filed suit against the City of Boston (“City”), alleging that the City...more

Bricker Graydon LLP

New Community Authorities (NCAs) - An Economic Development Tool Most Ohio Communities Aren’t Using

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Local governments across Ohio are engaged in a competitive race to spur economic development, attract developers, and secure long-term prosperity.  And while most local governments are familiar with traditional economic...more

Cozen O'Connor

Deadline Extended for New York City Local Law 97

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May 1, 2025, was the first compliance report deadline under New York City’s Local Law 97 (LL97). LL97 requires most buildings over 25,000 square feet, including condominiums (condos) and cooperatives (coops), to limit carbon...more

Buchalter

AIR RIGHTS DEVELOPMENT-Practical Use of “Air Rights”- PART II

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In Part I of this series, the legal foundation for “air rights” development was introduced. The following hypotheticals illustrate practical examples of air rights development. As discussed in Part I, air rights development...more

Otten Johnson Robinson Neff + Ragonetti PC

Denver Mayor Promises $10,000 Refunds for Delayed Permit Applications

On April 14, 2025, Mayor Mike Johnston signed Executive Order 151 to create a new Denver Permitting Office (“DPO”) which is to begin reviewing development and construction permit applications in mid-May. The Executive Order...more

Balancing Leasing Acquisition and Environmental Risk in Data Center Projects

Buoyed by robust demand for large parcels of undeveloped land, the rise of artificial intelligence workloads, and the game-changing role that hyperscalers are playing, the real estate market for data centers is in a strong...more

Goulston & Storrs PC

Emphasize Social Spaces During RE Project Public Review

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As Boston continues to work through revisions to its public review process for real estate projects, a key concern is how to determine the appropriate mix of required mitigation and community benefits. Originally Published...more

McGinnis Lochridge

Affirmative Defenses Are Insufficient to Rebut the Van Dyke Presumption

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Under Van Dyke, deeds with double-fraction royalty reservations referencing “1/8” are presumed to reserve a floating royalty interest unless clearly contradicted. Defenses like waiver, ratification, and limitations cannot...more

Mandelbaum Barrett PC

Veterinary Real Estate Transactions: Legal & Strategic Considerations

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Current Market Overview - The veterinary real estate market remains active in 2025, though it’s evolving in response to broader economic conditions. Rising interest rates, limited inventory in high-demand urban and suburban...more

Cozen O'Connor

Court Weighs in on Determining “Period of Restoration”

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In Comprehensive Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company, 2025 WL 416814 (9th Cir. 2025), the Ninth Circuit Court of Appeals affirmed the district court’s determination that the period of...more

Blake, Cassels & Graydon LLP

Commercially Reasonable and Diligent Efforts at the Earliest Possible Date: A Novel Contract Clause

The recent case of Epix Developments Ltd. v. Bonnis Development Union Street Limited Partnership (Epix) addressed the interpretation of a novel compound contractual clause following the termination of an agreement due to a...more

Tyson & Mendes LLP

But I Didn’t Mean to Do It …

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As a father of three children, I have become intimately familiar with this defense to all manner of allegations (which, yes, often involve property damage). When it comes to coverage disputes, you often see insureds making...more

Holland & Knight LLP

Tenant Estoppels, Part 2 of 2: Practical Reminders on What Landlords Should Seek

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If the tenant and/or its tenant estoppel is important, consider asking them to alert you immediately if they have concerns about meeting response obligations. Your pending refinance or sale may go smoother if you are in...more

Holland & Knight LLP

Tenant Estoppels, Part 1 of 2: Practical Reminders on What Tenants Should Avoid

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Although tenant estoppels can seem to be mostly nuisance documents, they can pose traps for the unwary, particularly if you are leasing space that is important to your company's operations or you have loan covenants regarding...more

Shipman & Goodwin LLP

Strategic Alternatives: Mastering Deeds-in-Lieu, Friendly Foreclosures and Navigating Bankruptcy Scenarios

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While traditional enforcement often requires judicial intervention, alternative resolution strategies can deliver superior outcomes with reduced costs, compressed timelines, and diminished reputational impact. Understanding...more

Farrell Fritz, P.C.

Suffolk County Sees an Eight Percent Average Increase in Equalized Values for 2025

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For most Towns and Cities throughout the State of New York, May 1st ushers in new assessment rolls and equalized market values for commercial and residential properties. As detailed in an earlier tax tracker (see: Assessment...more

Dacheng

M&A Transactions and Antitrust Regulation in the Real Estate Industry: Characteristics and Trends in Merger Review Cases

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The real estate industry, one of the pillar sectors of the national economy, has played a pivotal role in China’s economic development since the reform and opening‑up....more

Offit Kurman

Eviction Essentials and Lease Management

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In this episode of Litigators Lounge, hosts Anders Sleight and Niall McMillan discuss the current challenges in the commercial real estate market. They explore essential steps for landlords and property managers to protect...more

DarrowEverett LLP

Mitigating Lease Risk: Key Tools for Landlords with Smaller Tenants

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While not all landlords prefer—or are able—to lease their commercial properties exclusively to large, creditworthy “national” tenants, these tenants are attractive due to their strong financial stability. However, what about...more

Dentons

New Iowa Law, Same College Tab: Keep It Open with Creative Planning

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When Governor Kim Reynolds signed Senate File 513 into law (effective July 1, 2025), she fundamentally changed how divorced parents in Iowa handle college expenses. The new legislation eliminates Iowa courts' authority to...more

Shipman & Goodwin LLP

When Workouts Fail: Strategic Enforcement to Maximize Recovery

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Our new insightful and informative series, “Protecting Lenders: Strategic Responses to Borrower Default," is designed to provide comprehensive guidance on managing borrower defaults effectively. This four-part series covers...more

A&O Shearman

EBA consults on amendments to RTS for risk weights on immovable property exposures

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The European Banking Authority (EBA) has issued a consultation paper on draft regulatory technical standards (RTS) amending Delegated Regulation (EU) 2023/206, supplementing Regulation (EU) No 575/2013 (CRR). The EBA is...more

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