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: 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: 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: 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: 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: 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: 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...

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...

By: Spencer Compton , First American Title Insurance Company LEXIS PRACTICE ADVISOR RESEARCH PATH: Real Estate > Commercial Purchase and Sales > 1031 Exchanges > Practice Notes Section 1031 of the Internal Revenue Code provides that no...