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Commercial Real Estate General Business

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

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

Mass. Appeals Court Clarifies Requirements For Extending Common-Scheme Real Estate Restrictions Beyond 30 Years

by Pierce Atwood LLP on

In its decision in Berger v. 2 Wyndcliff, LLC, the Massachusetts Appeals Court answered an important question about extending common-scheme real estate restrictions beyond the presumptive statutory limit of 30 years. ...more

Surviving the Retail Shift: Part 5 of a 5 Part Series - Looking Ahead; Lessons Learned from the Retail Shift

by Polsinelli on

The retail industry has faced significant challenges this year. In 2017, more than 5,000 retail stores closed their doors, many of them portfolio-wide closures by well-known department-store chains who were synonymous with...more

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 17 & 24, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Receiver/Barton Doctrine: individual could not bring negligence action against discharged receiver of commercial property until individual first obtained leave to do so from the court that appointed...more

Important changes to the Model Land Lease Agreement (Ukrainian)

by Dentons on

On 22 November 2017, the Cabinet of Ministers of Ukraine approved Resolution No. 890 On Introduction of Amendments into Certain Resolutions of the Cabinet of Ministers of Ukraine (hereinafter referred to as Resolution No....more

Important changes to the Model Land Lease Agreement

by Dentons on

On 22 November 2017, the Cabinet of Ministers of Ukraine approved Resolution No. 890 On Introduction of Amendments into Certain Resolutions of the Cabinet of Ministers of Ukraine (hereinafter referred to as Resolution No....more

DC Proposed Regulations Modify Deed of Trust Recording Tax Exemptions

by Seyfarth Shaw LLP on

New regulations proposed by the District of Columbia affect the recordation tax exemptions for purchase money deeds of trust not recorded simultaneously with the deed, deeds of trust recorded to refinance construction loans...more

Strategic Alternatives for Real Estate Portfolios, Part IV – Sale of the Portfolio

by King & Spalding on

This is the fourth piece in a five-month series of REIT Advisor that provides a high-level overview of the advantages and disadvantages of individual strategic alternatives for private real estate portfolios. This month’s...more

House Passes Bill Addressing Industry Concerns Regarding the Capital Treatment of High Volatility Commercial Real Estate (HVCRE)...

by Morrison & Foerster LLP on

On November 7, 2017, the House of Representatives, by voice vote, passed H.R. 2148, the Clarifying Commercial Real Estate Loans Act (the “Bill”). The Bill was reported favorably out of the House Financial Services Committee...more

The Effort to Adopt a Uniform Receivership Law

by Allen Matkins on

There is a recent effort to adopt a uniform receivership act which is applicable to commercial real estate. If adopted in its current form in the 50 states, the receivership laws would provide a consistent treatment of laws...more

The Defense of Commercial Lenders in Multi-Tenant Bankruptcy

by Stinson Leonard Street on

The Sixth Circuit Court of Appeals in its recent decision in Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats LLC), Case No. 16-1812 (6th Cir. May 2, 2017), reinforces an option that commercial lenders...more

Cannes Brick and Mortar Retail in the United States Make a Comeback?

by Goulston & Storrs PC on

2017 MAPIC Conference in Cannes, France - Last week, a contingent from Goulston & Storrs attended the annual MAPIC conference in Cannes (pronounced “Can”), France for the seventh consecutive year. We expected to field...more

Traps for the Unwary under California Law: How Good Deals Can Go Bad

by Blank Rome LLP on

California law has the potential to produce unintended consequences in real estate transactions. Below are a few of the legal “gotchas” that deal makers should keep in mind in transactions where California law...more

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

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