Increasing Urbanization Revives Attractive Nuisance Doctrine
March 01, 2025
From parks and playgrounds to construction sites and urban farming initiatives, urban environments are becoming more complex, with new opportunities for residents and visitors alike. But with these changes come new challenges, especially for property owners. One of the biggest legal issues they may not even realize is impacting them: the “attractive nuisance” doctrine.
REITS Remain Optimistic In Face of DOGE Cuts
March 01, 2025
Publicly traded REITs remain optimistic in the face of potential widespread cuts to federal leasing at the hands of the Department of Government Efficiency because they serve agencies performing the work the Trump administration is prioritizing, including mission-critical agencies.
Effect of Trump’s Tax Plan on Commercial Real Estate
March 01, 2025
Many industry leaders, analysts, and pundits have broadly considered how the Trump administration’s and GOP-majority Congress’ plans might affect commercial real estate. The Deloitte Center for Financial Services looked at six key parts of the Tax Cuts and Jobs Act, which is set to expire by the end of this year, and the likely implications on domestic and global CRE.
Lease Analysis Gives Win for Commercial Landlord In Bankruptcy Case
February 01, 2025
The Second Circuit ended a multi-year litigation by affirming a district court’s decision that a landlord’s appeal was “moot for lack of a remedy because, although [that] court [had properly] vacated the assignment and assumption of the lease …, the lease would not revert to [the landlord under Code] §365(d)(4), and that [the landlord] had no alternative remedy.”
Empty Bankruptcy Win for Commercial Landlord
February 01, 2025
In In re Sears Holdings Corporation, the Second Circuit apparently ended a multi-year litigation by affirming the district court’s decision that the landlord’s appeal was “moot for lack of a remedy because, although [that] court [had properly] vacated the assignment and assumption of the lease …, the lease would not revert to [the landlord under Code] §365(d)(4), and that [the landlord] had no alternative remedy.”
Real Property Sale Proceeds Must Be Used to Pay Unavoided Portion of IRS Tax Lien First
February 01, 2025
Given the downward pressure on commercial real estate valuations in many areas, and the increasing likelihood that owners of real property will cease paying real property taxes when there is no longer any equity, this article reports on a recent Ninth Circuit decision that reversed a decision of the bankruptcy court, affirmed by the district court, allocating the distribution of the proceeds of a sale of real property pro rata between the Internal Revenue Service on account of its tax lien, and the bankruptcy estate.
Landlord & Tenant Law
February 01, 2025
Yellowstone Injunction Denied Because Failure to Procure Insurance Is an Incurable DefaultLandlord Bound By Agreement Setting Market Rent At Pandemic Levels
Best Practices for AI Compliance and Security
February 01, 2025
Creating new forms of artificial intelligence may be a great leap forward, but controlling them can be a stumbling block for businesses and government agencies alike.
Franchisers: Watch Out for Fraud When Using a Franchise Broker
February 01, 2025
Because franchise brokers have been historically free from making any type of disclosures about their pre-exiting relationship with the franchise companies they are marketing to the prospect, the prospect often feels that the broker is working for them, when in fact, the broker has a financial incentive to make a sale.
