Browse By Tags

By: Jed E. Ruccio, MIRRIONE SHAUGHNESSY & UITTI, LLC This article explains the concept of green building, both as a description of a type of building constructed and operated by employing sustainable technology, and as a reference to the design...

By: Richard P. Ormond, Buchalter PC This article provides an overview of receivership in real estate transactions. It discusses the legal basis for receivership, the role and powers of a receiver, the process of appointing a receiver, and the benefits...

By: Kim Seib , Sara Kolb , and Rebecca Calzontzi , Practical Guidance Real Estate Team This article uses survey results and graphics collected from the Practical Guidance Survey of Commercial Lease Terms to explore commercial leasing trends and the...

By: Brian A. Blitz , Craig L. Brown , Stephen B. Land , Edward Baker , and Sang H. Lee , Duval & Stachenfeld LLP The coronavirus, also known as COVID-19, has impacted, and will continue to impact, the health of Americans and the strength of our...

By: Deborah Yoon Jones , Alston & Bird LLP This article explains what a force majeure clause is and how and under what circumstances a force majeure clause in a commercial lease may be invoked due to the novel coronavirus (COVID-19). THE ARTICLE...

By: Blake Liggio , Danielle Lauzon , John Mutkoski , and Andy Sucof , Goodwin Procter LLP IT IS NOW SEVERAL MONTHS SINCE THE COVID-19 HEALTH crisis emerged in the United States, the immediate impacts on the PropTech industry have crystallized. Real...

By: Evan Hudson , Jeffrey S. Lowenthal , Jeffrey D. Uffner , and Michelle M. , Jewett Stroock & Stroock & Lavan The World Health Organization declared COVID-19 a pandemic, then markets continued a steep decline, as the coronavirus morphed from...

By: Ronald S. Greenberg , Natan Hamerman , Daniel Lennard , and Zachary C. Naidich , Kramer Levin Naftais & Frankel LLP FOR MORE THAN 50 YEARS, A COMMERCIAL TENANT IN New York that was threatened with eviction could count on obtaining a Yellowstone...

By: Jonathan R. Mook, DiMuroGinsberg, P.C. and Howard (Skip) Maginniss, MAGINNISS + DEL NINNO ARCHITECTS One goal of the Americans with Disabilities Act of 1990 (the ADA or the Act) is to ensure that commercial facilities and public accommodations are...

By: Parker Moore and Katrina Krebs , Beveridge & Diamond PC This article provides an overview of the Endangered Species Act (ESA) 1 and discusses the obligations of real estate developers and property owners with respect to the ESA. CONGRESS ENACTED...

By: S.H. Spencer Compton , First American Title Insurance Company and Diane Schottenstein , Schottenstein Law Today, many parts of the world are unsettled due to a variety of economic, political, and/ or environmental issues. Such unrest can lead to...

By: Jessica Millett , Duval & Stachenfeld, LLP AS KNOWLEDGE OF THE OPPORTUNITY ZONE PROGRAM (the OZ Program), which was tucked away inside the 2017 Tax Reform package, 1 trickled out to the real estate community, ears began to perk up all over the...

By: Mark A. Chertok and Elizabeth Knauer This article discusses considerations for developers contemplating the purchase or development of real property that contains or is likely to contain regulated wetlands. The presence of regulated wetlands on...

By: Daniel A. Suckerman and Stacey C. Tyler , Lowenstein Sandler LLP With co-working spaces such as WeWork growing in popularity, real estate attorneys are frequently called upon to help clients navigate the pitfalls of shared space agreements. This...

By: Ellen M. Chapelle , Gould & Ratner LLP In most construction projects, the general contractor traditionally takes control of the site and is responsible for its means and methods of construction, and, therefore, should bear primary liability...

By: S.H. Spencer Compton and Diane Schottenstein EVERY REAL ESTATE INDUSTRY HEADLINE TODAY SEEMS to trumpet the decline of retail leasing and the advent of e-commerce: the so-called “Amazon Effect.” 1 One recent article recounts the impact...

By: Leonard M. Kessler LenKesslerADR Using Mediation to Resolve Construction Disputes Construction projects often take years to complete, involve layers of contractors and subcontractors, and employ hundreds, if not thousands, of workers. Efficient...

by Steven Tishco , Marcus & Pollack, LLP Introduction This article provides an overview of real estate taxation in New York City (the “City”) including (i) the process by which the City assesses real property, (ii) how property owners...

By: Nicholas C. Rigano , Esq. RIGANO LLC Under the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. § 9601 et seq. ) (CERCLA), current owners and operators of real property are strictly liable for costs to clean...

By: Joseph M. Marger , Reed Smith LLP. In almost every asset purchase, stock purchase, and merger transaction (generally referred to in this article as M&A transactions), the purchaser will acquire an ownership or leasehold interest in at least...

By: Annemargaret Connolly and Matthew D. Morton , Weil, Gotshal & Manges LLP. Why should real estate lenders and other secured creditors concern themselves with known and potential environmental liabilities and requirements associated with their...

FEDERAL COURT FAST TRACKS REVIEW OF RULING BLOCKING IMPLEMENTATION OF OVERTIME REGULATIONS THE FIFTH CIRCUIT COURT OF APPEALS ISSUED A BRIEF order December 8 granting expedited review of a November 22 ruling by a federal judge in the Eastern District...

By: Thomas G. Maira , Reed Smith LLP. As funds raised in the 2006–2008 heyday of private equity reach the ends of their 10 year terms, there has been a surge of restructurings of those funds utilizing a stapled secondarystructure. The widely...

STUDY ON INJECTION WELL INDUCED EARTHQUAKES THE U.S. GEOLOGICAL SURVEY (USGS) RECENTLY released its short-term forecast for seismic activity. For the first time, it includes a discussion of “Induced Earthquakes.” The study, which comes...

By: Scott L. Semer , Torys LLP. FOR OVER 30 YEARS, NON-U.S. INDIVIDUALS AND ENTITIES who invest in U.S. real estate have been subject to tax both on operating income and gains realized upon exiting the investment. There have been limited exceptions...