Features
Are Recent Regulations Dooming Franchising?
In 2024, franchising may need to overcome and work around the recent government regulation that goes to the very heart of the franchising relationship and the way franchise businesses operate,
Columns & Departments
Development
Boathouse Not an Impermissible Second Dwelling Reduction In Size Did Not Alter Nonconforming Use Status Local Ordinance Did Not Prohibit Short-Term Rentals
Features
The New Basel Regulations Could Bite CRE
If you haven't heard of Basel III, you've got company. International banking regulations aren't typical beach reading. But some people who have been poring through these new banking regulations are not looking happy.
Features
Analysis of Recent Real Estate Sector Bankruptcy Rulings
Analysis on distressed real estate cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case.
Features
Cost Segregation: Don't Overlook This Valuable Real Estate Tax Strategy
Whether acquiring, constructing, or remodeling a real estate property, cost segregation remains one of the most powerful strategies to simultaneously optimize cash flow and taxes.
Columns & Departments
Real Property Law
No Adverse Possession Because Possessor Had No Reasonable Basis for Belief Quiet Title Claim Dismissed When Claimant's Deed Was the Product of Scrivener's Error Action to Remove Cloud On Title Not Barred By Statute of Limitations Obstruction of View Not a Nuisance Unrecorded Easement Binding On Servient Owner With Actual Notice Nominal Damages Available for De Minimis Encroachment
Features
Leveraging Generative Artificial Intelligence In CRE and Law Firm Practice
In addition to boosting efficiency and productivity, GenAI's new technological capabilities hold the promise of empowering lawyers to offer more precise and insightful guidance to their clients.
Features
Navigating Legal Real Estate Issues in the Cannabis Industry
This article explores just a few of the major legal opportunities and pitfalls associated with real estate in the cannabis industry, shedding light on some of the potential complexities and issues that businesses and investors may face.
Features
Interest Rates Are 2024's Biggest Unknown
The Federal Reserve stands at a pivotal juncture as it deliberates on its interest rate policy for 2024. In the wake of tumultuous economic shifts brought about by the pandemic, the Fed faces the delicate task of balancing robust economic recovery against inflationary pressures that appear to be subsiding.
Features
Pace of Law Firm Leasing Picked Up At End of 2023, But Many Firms Shed Space
As Big Law firms push a return to the office, law firms continue downsizing their physical footprints, in line with a trend of fitting lawyers and staff into less space.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
