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Restaurants vs. Apparel: A Different Recipe for Restructuring A Retail Footprint

by Bryan Cave on

With the holiday season now upon us, analysts are closely watching the restaurant industry, particularly the casual dining segment. Reminiscent of the conditions in 2008-2009, many are speculating whether the increase in...more

CrunchedCredit.com’s 8th Annual Golden Turkey Awards

by Dechert LLP on

As we look back each November to bestow the year’s crop of Golden Turkeys to the silliest and most annoying instances of regulatory overreach, legislative inanity, governmental misfeasance or the mere idiotic behavior of...more

BGH erklärt sog. Schriftformheilungsklauseln in Gewerberaummietverträgen für unwirksam

by King & Spalding on

Der für das Gewerberaummietrecht zuständige 12. Zivilsenat des Bundesgerichtshofs („BGH“) hat am 27.09.2017 mit einem Paukenschlag die hier beigefügte Entscheidung verkündet, in welchem er zu der seit einigen Jahren...more

Encroaching darkness – an intriguing case on rights to light

by Dentons on

In Metropolitan Housing Trust Limited v. RMC FH Co Limited [2017] EWHC 2609 (Ch) the High Court looked at the issue of whether a long leaseholder had the right to release a development site from a right to light. The court...more

The hidden exposure of tenant estoppels and SNDAs

by Thompson Coburn LLP on

You have signed a lease as a tenant. The negotiations were long and convoluted, but the lease has been signed and the space has been built-out. You have moved your company into the space, paid the security deposit, and are...more

Surviving the Retail Shift: Part 4 of a 5 Part Series - Whose Property Is It? What to Do with Personal Property After a Tenant...

by Polsinelli on

As some retail tenants face failing business – or worse, have already shuttered their stores – shopping center owners and managers must deal with the aftermath. The wreckage of a failed retail business often includes the...more

Proposed U.S. Tax Reform May Impact Investments in U.S. Real Estate

by Mintz Levin on

Last week, the long-awaited proposed bill for a comprehensive reform of the U.S. tax code (the “Proposed Tax Reform”) was finally released. While the Proposed Tax Reform is likely to be heavily negotiated further and possibly...more

Focus on Leasing: Existing Equipment Issues

SOMETIMES IT MAKES SENSE TO LOOK EVEN A GIFT HORSE IN THE MOUTH. Existing Furnishings – Sometimes in commercial leasing, landlords will offer to lease a premises with existing equipment left by a prior tenant. It might be...more

NC Oyster and Marine Aquaculture Makes a Splash

by Ward and Smith, P.A. on

North Carolina is prioritizing the marine fisheries and oyster industries to provide growth opportunities for non-urban coastal communities. Activities in the North Carolina House of Representatives and Senate during the last...more

Trends in Tenant Leasing Positions

by King & Spalding on

Recent statistics indicate that tenants are asking for more from landlords in a variety of different asset classes, and most landlords are left with having to say yes. The leverage in lease negotiations appears to have...more

Strategic Alternatives for Real Estate Portfolios Part III – Initial Public Offering (IPO) Transactions

by King & Spalding on

The review of strategic alternatives can be a daunting task even for the most seasoned executives and directors of real estate companies and real estate investment trusts. This is particularly true in today’s real estate...more

The 2017 AIA Changes that Matter to Owners

Last time, we discussed how some of the 2017 revisions to the American Institute of Architects (AIA) form design and construction contracts benefit general contractors. Such revisions added clarity to provisions concerning...more

Don't Get Overtaxed: Successful Tax Assessment Challenge Shows Benefits of Apartment Owner Due Diligence

by Faegre Baker Daniels on

By statute, a variety of property types are assessed based on specific approaches to value – in some cases, at the lowest value indicated by a number of valuation approaches. Apartments are one such property type and, as...more

Alabama and Mississippi Insurance Law Questions Following Hurricane Nate

Hurricane Nate made landfall on the Mississippi Gulf Coast near the city of Biloxi on Sunday, October 8, 2017, as a Category 1 Hurricane. The eastern quadrant of the storm’s center also passed over significant portions of...more

Surviving the Retail Shift: Part 3 of a 5 Part Series - Coping with Retail Closures and the Evolution of the Shopping Center,...

by Polsinelli on

Shopping centers are not dying. The retail landscape is changing, however, and so too are shopping centers. Retail stores have been closing at a breakneck pace, and Wall Street seems to think the worst is yet to come....more

You have an Environmental Insurance Policy. Do you know what the fine print says?

THINK YOU CAN MAKE A CLAIM ON YOUR ENVIRONMENTAL INSURANCE POLICY? You better read the fine print first. *Due Diligence – The mantra is often repeated - take initiative, be proactive. For a variety of reasons a...more

Could Property Owners Or Tenants Who Grow, Process, 0r Sell Marijuana Make Their Property Tough To Sell?

by Fraser Trebilcock on

What Property Owners Need to Know About Title Insurance and Marijuana Facilities - If you are involved in buying, selling, or leasing real estate involving the booming marijuana industry in Michigan, beware of some...more

Issues to Consider in Rights of First Refusal

by Ward and Smith, P.A. on

People often talk about giving or getting a Right of First Refusal ("ROFR") in real estate transactions. But what is a ROFR? A simple definition might be...more

Can I Park Here? Second Department Takes the Driver’s Seat in Recent Parking Cases

by Farrell Fritz, P.C. on

Last month, the Appellate Division, Second Department, issued two interesting opinions concerning parking. One involved a parking variance and the other involved a restrictive covenant....more

Steps and Resources to Recover Homeowner Insurance Benefits After a Fire: A Tip-Sheet for Homeowner / Small Business Insurance...

by Farella Braun + Martel LLP on

Before worrying about an insurance claim, first ensure that you and your family, including pets and extended family, have their immediate needs met, particularly medical needs. When you are ready to begin the recovery...more

The Clean Growth Strategy - Government releases its strategy for a low carbon future

by Hogan Lovells on

On 12 October the Government released its latest strategy to promote “clean growth” in the UK. It sees clean growth as growing the UK’s national income, while cutting greenhouse gas emissions that contribute to climate...more

With most businesses back after Harvey & Irma, what to know about what comes next: legal restoration

by Hellmuth & Johnson PLLC on

This blog post is the first in a three part series. The next posts will cover Business Interruption Coverage and Reinsurance. Business owners affected by hurricanes Harvey and Irma spent the first few days and weeks...more

Commercial Real Estate Newsletter - October 2017 (Dutch)

by Dentons on

Valued relationships, We, like many of you, returned from a useful visit to the Munich Expo. It lives and busts again and the agendas were well filled. We also noted that with you. Traditionally, we are looking forward to...more

NPLs in Southern Europe

by White & Case LLP on

On 19 September 2017, White & Case hosted a panel discussion featuring a number of participants active in the market, on the future of NPLs in Southern Europe. An engaging and interactive conversation focused on a comparison...more

2017 Arizona Case Law Affecting Commercial Real Estate and Lending

by Ryley Carlock & Applewhite on

The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on October 10, 2017. Arizona Case Law – Late Fees and Liquidated Damages Provisions...more

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