News & Analysis as of

Commercial Real Estate Contracts Risk Management

Frost Brown Todd

Carveouts and Cash Flow: Additional Impacts of Cherryland Mall

Frost Brown Todd on

As discussed in our preceding post, the Michigan Court of Appeals’ decision in Wells Fargo Bank v. Cherryland Mall has had significant implications for non-recourse loans, particularly concerning solvency covenants often...more

Lowndes

Franchise Riders in Retail Leases: What You Need to Know as a Landlord

Lowndes on

Understanding Franchise Riders: Purpose, Content, and Potential Conflicts - When a franchisee signs a retail commercial lease to operate a franchised business, the franchisor may require a Franchise Rider, a document that...more

Tonkon Torp LLP

Legal Lessons from Portland’s Commercial Real Estate Uncertainty

Tonkon Torp LLP on

In today’s commercial real estate market, the only certainty is uncertainty. This is not a call for panic, but rather a call for balance. Now is not the time for bet-the-firm risks, nor is it a time for total retreat to the...more

Snell & Wilmer

Unique Considerations When Opening or Reopening a Business in the LA Fire Zones

Snell & Wilmer on

The 2025 Eaton and Palisades fires caused vast destruction, but in the wake of such destruction there may be unique opportunities for people looking to open or reopen a business in the zones impacted by such fires. Opening a...more

Adams & Reese

Reconnaissance is Key – A Veteran Business Owner’s Guide on Commercial Leases

Adams & Reese on

Veteran business owners: whether you are setting up shop in an office building or in a retail strip mall, your commercial lease is a critical piece of your company’s mission. Just like a well-defined business plan, a clear...more

Womble Bond Dickinson

Mastering Real Estate Acquisition for Data Centers: Guidelines from Womble Bond Dickinson

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Womble Bond Dickinson Partners Kristen Thall Peters, Tara Gorman, and Jeff Golimowski, members of the Womble Data Center Team provide guidance for data center developers acquiring real estate....more

Womble Bond Dickinson

Financing and Debt Issuance for Data Center Developers: Insights from Womble Attorneys

Womble Bond Dickinson on

Data center developers face a myriad of challenges when it comes to financing and debt issuance. In this blog post, Womble Of Counsel Barlow Keener delves into the intricacies of these topics with Womble Of Counsel David...more

Husch Blackwell LLP

California Supreme Court Decides Cotenancy Provisions Are Here to Stay

Husch Blackwell LLP on

On December 19, 2024, the Supreme Court of California passed down a unanimous decision in a lawsuit closely watched by commercial real estate landlords and retail tenants that involved the validity of so-called cotenancy...more

Womble Bond Dickinson

Safeguarding CRE Companies: Navigating Risks in Revenue Management Software Agreements

Womble Bond Dickinson on

In the wake of the DOJ’s pending antitrust lawsuits, CRE companies should include several protections in their vendor agreements that involve the use of revenue management software. This article provides tips to mitigate...more

Holland & Knight LLP

Leasing SCIF Space: Considerations for Landlords and Tenants

Holland & Knight LLP on

In the post COVID-19 era, the office leasing market has faced significant challenges due to remote work and hybrid models, particularly in non-trophy-class buildings. One healthy exception to the office market struggle is the...more

Womble Bond Dickinson

Debt Purchase Transactions: Beware of the Risks

Womble Bond Dickinson on

This article originally published in the November 2024 issue of ALI CLE’s The Practical Real Estate Lawyer. CRE Secured Debt Purchase Transactions present unique risks that should be understood and carefully managed.  ...more

Nutter McClennen & Fish LLP

Nutter Bank Report: December 2023

A recent OCC report identified key issues facing the federal banking system, including increasing credit risk due to higher interest rates, increasing risk in commercial real estate lending, prolonged inflation, declining...more

Latham & Watkins LLP

Land Agreements and Competition Law: Lessons From Recent CMA Guidance

Latham & Watkins LLP on

Businesses should review land agreements to avoid infringing competition law. Many UK businesses operate from, or handle property governed by, some form of land agreement. These land agreements can include agreements for...more

Nutter McClennen & Fish LLP

Nutter Bank Report, March 2017

Fed Raises Threshold That Triggers Review of Systemic Risk of a Proposed Merger - In a recent decision on a proposed merger of two bank holding companies, the Federal Reserve indicated that it has increased the...more

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