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To the surprise of many, the new tax policy included changes to the carried interest provision. Under the new policy, carried interest now has a three-year holding period. The policy has significant implications for commercial real estate investors, who will need to make immediate adjustments to comply with the new provision. Reporters from this newsletter’s ALM sibling Globest.com sat down with Phil Jelsma, a partner and chair of the tax practice team at San Diego-based commercial real estate law firm Crosbie Gliner Schiffman Southard & Swanson LLP, to talk about the changes to carried interest, how this will impact commercial real estate investment and what investors should do now to comply.
By Janice G. Inman
In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.
By Menachem J. Kastner and Ally Hack
The focus of this article is the “early termination provision,” a lease provision that affords landlords the tactical advantage they need. Specifically, this article seeks to: 1) guide the practitioner through the pitfalls of a poorly drafted termination provision; and 2) advise the practitioner how to craft a proper and effective termination provision.
Subtenants Not Entitled to Notice Under Law
Illegal Tenant Activity Negates Insurer’s Responsibility to the Landlord
By Marisa L. Byram and Wheeler Frost
Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord’s consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.