CRE Has Survived Crises In the Past and It Will Overcome This One Too
July 01, 2023
Since the 1980s, the country has been through numerous recessions and real estate crashes. Whenever these downturns or crashes occur, the distressed side of the industry, which is usually dormant until the crash occurs, rises to the challenge and mobilizes its resources to acquire, renovate, release, and sell these foreclosed and vacant properties.
Landlord & Tenant Law
June 01, 2023
Local Law Prohibiting No-Cause Evictions Pre-Empted By State Law
Contractual Indemnification Unenforceable
Indemnification Clause Enforced
Good Faith Efforts to Cure Extend Cure Period for Yellowstone Injunction
5 Most Commonly Required Guaranties In Commercial Real Estate Loans
June 01, 2023
In general, commercial real estate loans are non-recourse in nature and the lenders ultimately look to their collateral for the satisfaction of the borrowers' obligations if the loan goes into default. However, lenders typically require guaranties from individuals or entities, making the guarantors personally liable for certain obligations.
Lease Terminations As Fraudulent Transfers
June 01, 2023
Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.
The Future of the Office Real Estate Market
June 01, 2023
It appears that at least some form of hybrid work schedules — much more than existed pre-pandemic — are likely here to stay. How these increased trends may impact the office market and demands for office space in the foreseeable future remains to be seen.
U.S. Law Firm Leasing At Record Highs
June 01, 2023
After a slump during the pandemic, U.S. law firm leasing activity hit a record level in 2022, and activity boomed during the first quarter of 2023 with leasing volume higher than in any previously recorded Q1, a new report finds.
Real Property Law
May 01, 2023
Strict Liability for Excavation Damage
Easement Was Non-Exclusive
Purchaser's Claims Barred By Merger Doctrine, Caveat Emptor
Purchaser's Claim Based on Inoperative Elevator Dismissed In the Absence of Active Concealment
Deed Forgery Claim Survives Motion to Dismiss
Landlord & Tenant Law
May 01, 2023
Wrongful Eviction Claim Raises Questions of Fact
Yellowstone Injunction Cure Period