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COVID-19's Impact on Real Estate Valuations

June 01, 2021

Valuation of real estate during contemporary times is challenged and will continue to be so for several years. In a forced sale, a court should only consider pre-COVID-19 data whether it be comparable sales from 2018-2019, or financial data from the same period.

Confession of Judgment Provisions In Commercial Leases

June 01, 2021

In states where they are enforced, a properly drafted confession of judgment clause in a commercial lease can be one of the most valuable tools in a landlord's toolkit for enforcing its leases and preserving its remedies.

Government Policies Could Be Concern for Commercial Real Estate Lenders

June 01, 2021

Significant concerns aren't necessarily issues caused by real estate lending, borrowing or underwriting. They're caused by government policy.

Negotiating with Small Office Tenants on Pandemic Issues

June 01, 2021

Small businesses make up the backbone of the commercial office sector. Until recently, by virtue of their small size, they had little sway with landlords when it came to renegotiating or negotiating a lease. Then the pandemic happened.

Drafting a Fair Force Majeure Provision In the Wake of COVID-19

May 01, 2021

Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.

Retail Lease Workout Trends Show 'We're All In This Together'

May 01, 2021

There have been plenty of cases during the pandemic that shape the landlord-commercial tenant dynamic both in Chapter 11 bankruptcies and in workouts.

New Normal Will See Shift In How Commercial Real Estate Is Done

May 01, 2021

By moving away from demand for traditional offices and office space, employers will be able to select from a much broader range of talent and a much greater geographical range of places to find and use these employees.

Underwriting Adjusts As Pandemic Continues

May 01, 2021

Underwriting clearly has been affected by the pandemic-led downturn. Lenders are using higher vacancies and reserves to underwrite, leading to more conservative loan proceeds.

Co-ops and Condominiums

May 01, 2021

Occupation By Family Member of Corporate Principal Does Not Terminate Unsold Share Status Abandonment of Easement By Condominium Unit Owner Condominium Unit Owner Entitled to Damages for Board's Failure to Approve Transfer

Law Firms Should Take Advantage of Tenant Market Post-COVID-19

May 01, 2021

Due to COVID-19's impact, the commercial office market should fundamentally shift in favor of tenants for the next several years. Law firm tenants should find an environment characterized by friendly concessions, options across asset classes and price ranges, and limited competition for space.

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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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Fresh Filings
Notable recent court filings in entertainment law.
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CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
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