Commercial real estate workouts are crucial for avoiding foreclosure, maintaining financial stability, and preserving property values, benefiting both lenders and borrowers. A "serious" default occurs when financial shortfalls lead to the nonpayment of secured debt, possibly the result of interest rate fluctuations or declining property values. Whether you are advising the borrower or the lender, you need a practical roadmap to assess viable options, provide beneficial solutions, and draft workable terms for the agreement.

It’s easy for real estate lawyers and other practitioners to be enticed by the siren song of 1031 qualified intermediaries (QIs) or artificial intelligence (AI). But proper tax planning requires qualified advisors who can ensure that your client’s 1031 transaction meets all legal and ethical standards. This presentation will offer topnotch analysis of tax law, comprehensive overview of the pertinent rules of professional conduct, and illustrative real-world scenarios to equip you with the knowledge to navigate the potential legal and ethical pitfalls inherent in these transactions.

The first half of 2024 saw significant U.S. EPA activity, resulting in a final rule designating two per- and polyfluoroalkyl substances (PFAS) as "hazardous" under CERCLA. This ruling will lead to increased enforcement, clean-ups, and litigation, with impacts expected to ripple through the commercial real estate market. Register for this high-level discussion to gain practical insights on crucial transaction impacts and deal pressure points for you and your commercial clients.

Navigating the tax burdens associated with major real estate transactions—such as property development, long-term ownership, build-and-sell strategies, and like-kind exchanges—can significantly impact deal structures and overall economics. Tax complications can quickly derail even the most promising deals. Join us for a comprehensive webcast specifically designed for real estate practitioners, and learn advanced planning strategies to smooth transactions, enhance deal outcomes, and minimize tax burdens.

Because real estate investment trusts (REITs) are often on the other side of a deal —whether it be a leasing, selling, or lending transaction — real estate counsel should appreciate REIT rules. Although popular, REITs are susceptible to setup and operational errors and REIT troubles can jeopardize what would otherwise be a successful transaction. In today’s market, understanding REIT formation and implementation considerations is critical to practice success. Join us for this masterclass covering the tax, corporate, and real estate complexities of REITs to avoid the complications that could torpedo your next deal!

The 2023-24 Supreme Court term has been another one of significance in the world of property rights. In particular, two unanimous cases directly addressed takings: Sheetz v. County of El Dorado, 601 U.S. __ (2024) (holding that the Fifth Amendment’s takings clause does not distinguish between legislative and administrative land-use permit conditions) and DeVillier v. Texas, 601 U.S. __ (2024) (holding that property owners adversely affected by a flood evacuation barrier should be permitted on remand to pursue their takings clause claims through the cause of action available under Texas law). To better understand the importance of these decisions as well as other property issues in the Court this year and what these cases mean for your practice, join our experts for this one-hour webcast. The faculty will also explore what these decisions mean for the future, what steps practitioners can take to incorporate these decisions into their practices, and what may be on the horizon.

Rental income is any payment you receive for the use or occupation of property. Sounds simple enough, right? But it’s not always taxed as standard income. And, depending on the state you’re in, you may have to pay taxes at both state and federal levels. It’s essential to understand the tax consequences of entering into, operating, and terminating leases. Then there’s section 467, which allows landlords to spread out the recognition of income over the term of the lease instead of all at once. Throw in section 1031 exchanges, land-building splits, DSTs, tenant-in-common agreements, and leasehold improvement exchanges. Now, your client’s seemingly simple decision to collect rental income has turned into a taxation quagmire.

Behind every successful and long-term real estate joint venture is an effective operating agreement. Effective agreements shape governance, operations, and financial structures, leading to a long lasting and successful business arrangement. A poorly negotiated or drafted operating agreement has equal power and can unravel your deal before or after it is signed. Given the significance of operating agreements, your next one needs to be approached with finesse and with deal specifics as its focal point. Designed for real estate attorneys, investors, and industry participants, this course will show you how to negotiate and draft operating agreements that are music to clients’ ears.

Increased interest rates, inflation, cash flow problems, and compressed returns on investment classes have negatively impacted the short- and long-term commercial real estate market across many sectors resulting in an increased number of commercial real estate leases in bankruptcy. When a commercial tenant has filed for bankruptcy, a set of rules and provisions, often contrary to the terms of the lease, are set into motion often curtailing a landlord’s rights under the lease. The Bankruptcy Code alters, sometimes dramatically, the normal contract rights and obligations of landlords and tenants regarding the timing and payment of rent, as well as the remedies available to enforce such rights and obligations. While it’s true that the Bankruptcy Code offers protections to both commercial landlords and tenants, it also raises a number of complex legal questions.

A considerable percentage of commercial and investment real estate transactions are structured as section 1031 exchanges. Section 1031 like-kind exchanges offer your client an array of opportunities to exchange real property while gaining an advantageous tax position by deferring any realized gain (or loss) on the exchange. But that 1031 exchanges are employed frequently does not necessarily mean they are structured properly, with all important considerations factored into the exchange, or in the most cost-efficient manner within the scope of the law. This presentation relies upon fundamental legal analysis and a review of legal authority to cover the latest topics and considerations in 1031 like-kind exchanges, while dispelling several misconceptions.