Commercial Real Estate Leases and Disposition of Environmental Claims
October 31, 2025
Since enactment of the Bankruptcy Code, certain types of claims continue to be vigorously litigated, perhaps because adjudication requires a fact-intensive analysis by the court. In the commercial real estate sector, such examples include landlord-tenant commercial real estate lease claims and the disposition of environmental cleanup claims under state and federal law.
Making the Case for ‘Time Is of the Essence’ Closings
October 31, 2025
The circumstances attending each purchaser’s or seller’s failure to close on the Time Is of the Essence closing date is always unique, and this has resulted in an innumerable variety of judicial decisions applied to ever-changing real estate scenarios.
Exploring the Passive Loss Tax Exemption for ‘Real Estate Professionals’ In the OBBBA
October 31, 2025
One often-overlooked provision that was made permanent by the One Big Beautiful Bill Act could have a significant negative impact on certain taxpayers, particularly those in the rental real estate industry. Many rental real estate owners qualify for the real estate professional exception and thus are not subject to the passive loss rules.
Liability Management Exercises: Lender On Lender Violence?
October 31, 2025
Liability management exercises (LMEs) have gained considerable attention during the past few years. Whether intended for good purposes or not, LMEs have significantly disrupted the traditional loan business through aggressive priming and subordination tactics — leading some to characterize this phenomenon as lender-on-lender violence.
Key Legal Considerations of Structuring Real Estate Deals As Ground Lease or Sale
September 30, 2025
When it comes to structuring a real estate deal, one of the most fundamental questions is whether the land should be leased under a long-term ground lease or sold outright. At first glance, the distinction may seem simple: a ground lease allows a landowner to retain ownership, and the tenant is permitted to use and improve the land, while a sale conveys fee title to the purchaser. But the legal, financial, and practical consequences of this choice are significant and can shape the future of a property for decades.
Sale-Leaseback Transactions: Structure, Advantages, Risks and Legal Considerations
September 30, 2025
In today’s economic landscape, many businesses are turning to alternative financing models to access liquidity without disrupting operations. One such strategy — once a niche transaction type, now in the mainstream of real estate finance — is the sale-leaseback. This financial mechanism allows property owners to leverage real estate equity while continuing to occupy and operate their properties.
Protecting Against Generic Indemnity Provisions
September 30, 2025
Real estate businesses and lawyers encounter indemnity provisions in virtually every type of commercial contract. While indemnitees often insist on broad indemnity protection, business owners should be aware of, and try to avoid being bound by, generic indemnity provisions which can be contextually overbroad and result in unanticipated enforcement results.
Availability of Specific Performance In Commercial Real Estate
August 31, 2025
Most contracts dealing with the sale and purchase of commercial real estate provide the purchaser with two primary remedies if the seller defaults, one of which is the right to seek specific performance of the seller’s obligations under the contract. This article explores some situations where specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance.
