News & Analysis as of

Commercial Real Estate Market

House Passes Bill To Amend Title III Of The ADA In Attempt To Curb Drive-By Lawsuits

by Seyfarth Shaw LLP on

Seyfarth Synopsis: HR 620 requires potential plaintiffs to provide businesses with notice of architectural barriers and give them an opportunity to remove them before filing suit. ...more

Cannabis in the Commonwealth: What Are People Saying?

by Burns & Levinson LLP on

I recently attended the New England Real Estate Journal’s “Cannabis: The Next Phase in Commercial Real Estate” summit, which brought together a number of local players for networking and a high-level discussion of where the...more

Appellate Ruling Impacts Availability Of Yellowstone Injunctions

by Cole Schotz on

The ability to obtain a “Yellowstone” injunction has long been a saving grace for commercial tenants faced with a disputed default under their lease. A recent decision of the New York State Appellate Division, however, could...more

Dueling Rent Taxes Come Up before San Francisco Voters in June

San Francisco electorate will vote on a new 1.7% or 3.5% tax on commercial rentals in June 2018. It is estimated that about $65 million annually would be collected from the commercial real estate industry under the Housing...more

Exclusive Use Provisions in Commercial Leases

by Ward and Smith, P.A. on

Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant to use its premises for an intended specific use (for...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Volatility was again the name of the game on Thursday in the US markets, which closed down nearly 4% again and headed into official “correction” territory....more

City's General Plan Land Use Policy Survives CEQA Challenge Based on Potential Urban Decay

by Holland & Knight LLP on

• In Visalia Retail, LP v. City of Visalia, the California Court of Appeal has rejected a challenge brought under the California Environmental Quality Act (CEQA) to a land use policy in the City of Visalia's General Plan...more

Impact of Tax reform on Commercial Real Estate

by K&L Gates LLP on

MOST SWEEPING TAX REFORM SINCE 1986 - Tax Cuts and Jobs Act signed December 22, 2017 - Generally effective for taxable years beginning after December 31, 2017 - Comprehensive tax reform affecting virtually all...more

Impact of 2017 Tax Act on Real Estate Activities

by Sullivan & Worcester on

The first, global observation to share is that the real estate industry dodged a lot of potential bullets during the tax reform process and came out smelling like roses – indeed, actually came out ahead, overall, under the...more

4 Ways the Federal Tax Overhaul Affects Commercial Real Estate

by Allen Matkins on

The 2017 “Tax Cuts and Jobs Act” is the most significant change to U.S. tax law in 30 years. It lowered the maximum federal corporate tax rate from 35 percent to 21 percent, as well as lowering rates for many individuals,...more

I Urgently Want to Report the Deaths of the Non-Con Opinion (But Probably Cannot…Yet)

by Dechert LLP on

Our friend, Dan Rubock, just inked an interesting and timely piece entitled, “Key pillars of loan structural quality are eroding, especially in single-borrower deals.” As usual, Dan’s views at Moody’s are worth considerable...more

State of the Financial Restructuring Market

Continuing low interest rates and generally improved economic conditions in the U.S. and worldwide during 2017 have reduced financial distress and the need for business bankruptcies in most sectors. However, out-of-court...more

Luxembourg Real Estate – Legal Developments on Commercial Leases - January 2018

by Dentons on

This brief report provides a summary of the most important amendments of the legal provisions applicable to commercial leases, introduced in Luxembourg through the law dated 17 January 17, 2018 on commercial lease and...more

2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

U.S. construction starts are expected to increase 3 percent to $765 billion in 2018 according to Dodge Data & Analytics in its 2018 Dodge Construction Outlook. But we may be approaching the end of a construction boom, at...more

2018 CREFC January Conference – Plateau or Status Quo?

by Dechert LLP on

South Beach played host to the 2018 CREFC January Conference last week, as roughly 1,800 of our best friends in the CRE lending and securitization industry assembled in Miami to reflect on another year gone by and to muse...more

Proposed Changes to HVCRE in 2018

by Ropes & Gray LLP on

International banking regulators responded to the 2008 financial crisis by increasing capitalization requirements with the Basel III Capital Accords. Increased capitalization requirements affect any loan secured by High...more

New Internal Revenue Code Section 199A: The 20% Deduction for “Pass-Thru” Businesses

by McNair Law Firm, P.A. on

Aside from corporate tax reductions, one of the most important aspects of the new Tax Cuts and Jobs Act beginning this year is the new 20% deduction for “pass-thru” businesses – i.e. businesses that are not corporations. With...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

Hot Topics in Commercial Real Estate Winter 2018

Arnall Golden Gregory’s Retail Industry Team would like to thank those that joined us for our Annual Breakfast Briefing “Hot Topics for Commercial Property Owners and Managers” on December 5, 2017. We hope that you found the...more

Voter-Approved Initiative To Limit Large Developments And Chain Stores Exceeded Initiative Power

by Perkins Coie on

In a case that illustrates the limits of use of voter-approved initiatives to limit development, the court of appeal invalidated an initiative passed by voters in the City of Malibu that sought to limit large developments and...more

Resource for Doing Business in the United States – Installment #9 – Real Estate

by Garvey Schubert Barer on

One of the things any active investor in the United States almost always needs is a place in which to operate its business. Buying or leasing property can be tricky, however. For example, one can face liabilities by merely...more

Court Rejects Claim That Clinic Protests Might Cause Significant Environmental Impacts

by Perkins Coie on

A court of appeal has ruled that opponents of a new Planned Parenthood clinic did not establish a fair argument that anti-clinic protests might cause significant environmental effects. Therefore, the City of South San...more

High-stakes: Securing successful entry into the Integrated Resort market in Japan

by White & Case LLP on

Integrated resort ("IR") sites are mixed-use properties which house gaming areas (casinos), hotels, restaurants, shopping facilities and other attractions within the same self-contained facility. The legislative developments...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

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