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While Economy Recovers, Commercial Real Estate May Be Due for a Correction
The word "recovery" comes up a lot these days, describing everything from recent job gains to resurgent lending and transaction volume in commercial real estate. But before investors get too carried away by the good news, they should pause to ask themselves, "what are we recovering from?"
It may be safe to say the nation is on its way to recovering from the pandemic. Just over half or 51.4% of U.S. residents had completed a vaccine series for COVID-19 as of Aug. 26, according to tracktherecovery.org. Consumers are frequenting sit-down restaurants and brick-and-mortar retailers again, and businesses are navigating returns to the office. Employment has rebounded in many sectors, although jobs in the lowest quartile are down 20% or more since January 2020 and have moved little in the past 12 months.
What we are not recovering from is a correction in commercial real estate or the larger economy. To the surprise of many experienced professionals in commercial real estate finance — myself included — the real estate markets have had little from which to recover. For now, at least, it appears the federal government's measures to prop up the economy during the pandemic averted a disaster of defaults that threatened to swallow occupiers, landlords and lenders alike.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.