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Jurisdiction Real Estate Transactions

Jones Day

New York Bankruptcy Court Adopts "Realistic Possibility" Standard for Free and Clear Sales Under 11 U.S.C § 363(f)(5)

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Section 363(f)(5) of the Bankruptcy Code allows a bankruptcy trustee to sell estate property free and clear of any competing interest in the property (such as a lien or other security interest) if the interest holder "could...more

Ervin Cohen & Jessup LLP

Receiver Selling Property Outside The Jurisdiction Of The Receivership Court

Q: I am a California state court receiver in a family law case. The divorcing couple owns property in Virginia and Michigan. I know, generally, that in order for me to sell the property I would have to be appointed ancillary...more

Walkers

Recreational Land Rights Upheld by the Privy Council

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Walkers have represented the owners of almost 200 residential properties in a successful appeal to the Judicial Committee of the Privy Council concerning the enforceability of recreational golf and beach access rights. ...more

Whiteford

Client Alert: 2025 Virginia Legislative Updates for Common Interest Communities

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The Virginia General Assembly approved a number of bills during its 2025 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills...more

Cadwalader, Wickersham & Taft LLP

Stop! In the Name of Love…Err States’ Rights?

A recent decision by the United States District Court for the Northern District of New York (the “Court”) concluded that a federal court cannot prevent a state court foreclosure pursuant to the abstention doctrine set out by...more

Ervin Cohen & Jessup LLP

The Exception to the Barton Doctrine Contained in 28 U.S.C. §959(a) Does Not Apply to State Court Receivers

Q: I am a state court receiver for an LLC that owns a number of apartment buildings, which I am now managing. I have been sued by some tenants and a tenant group. They have not obtained receivership court permission to sue...more

Mayer Brown

Serp-Jud Facilita Acesso Às Informações Nos Registros Públicos Em Uma Única Plataforma

Mayer Brown on

A utilização do sistema de pesquisa de bens via Sistema Eletrônico dos Registros Públicos voltado ao Poder Judiciário Brasileiro (SERP-JUD) tem se mostrado mais eficiente do que as ferramentas de pesquisa de bens e...more

Torres Trade Law, PLLC

CFIUS Review of Real Estate Transactions: A Primer and Overview of Recent Updates

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On November 1, 2024, the U.S. Department of Treasury (“the Treasury”), as chair of the Committee on Foreign Investment in the United States (“CFIUS”), published a Final Rule expanding its authority to review certain...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Continues to Expand Its Authority and Increase Enforcement Activity

The Committee on Foreign Investment in the United States (CFIUS) continues to aggressively utilize and expand its authority to address national security risks related to foreign investment into the United States...more

Harris Beach Murtha PLLC

Rule Would Subject More Real Estate Transactions to Review

On July 8, 2024, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking that would expand the geographical areas in which real estate transactions would be subject to Committee on Foreign Investment in the...more

King & Spalding

Department of Treasury Issues Proposed Rule Expanding CFIUS Real Estate Jurisdiction

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The Proposed Rule expands CFIUS’s authority to review certain transactions by foreign persons involving real estate close to over 50 additional military installations. On July 8, 2024, the U.S. Department of the Treasury...more

Mayer Brown

CFIUS Proposes Rule to Expand its Real Estate Transaction Purview

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On July 8, 2024, the US Department of the Treasury, in its capacity as chair of the Committee on Foreign Investment in the United States (CFIUS), published a proposed rule that would expand the list of national security...more

Sheppard Mullin Richter & Hampton LLP

Know Thy Neighbor as Thyself: CFIUS Considerations in Commercial Real Estate Transactions

While many venture capitalists and private equity sponsors are aware the Committee on Foreign Investment in the United States (“CFIUS”) has authority to review inbound investments in certain sensitive U.S. industries, many...more

Venable LLP

CFIUS Proposes Increased Penalties for Noncompliance and Updated Mitigation and Enforcement Rules

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As the lead agency for the Committee on Foreign Investment in the United States (CFIUS or the Committee), the U.S. Department of the Treasury released new proposed rules on April 11, 2024 intended to enhance the enforcement...more

Miller Canfield

Fifth Circuit Continues Bankruptcy Sale Protections After Supreme Court MOAC Opinion

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On April 26, 2023, Miller Canfield alerted readers to the Supreme Court opinion in MOAC Mall Holdings, LLC v. Transform Holdco, LLC. The MOAC decision may affect property sales in bankruptcy cases because it could weaken the...more

Dorsey & Whitney LLP

Eight New Bases Officially Added to CFIUS’s Real Estate Jurisdiction

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As we have discussed previously, proximity to sensitive U.S. Department of Defense military bases and operations, such as testing ranges, is an important element of many reviews by the Committee on Foreign Investment in the...more

BakerHostetler

CFIUS, Congress and State Legislatures Respond to Foreign Investments in U.S. Real Estate

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Recent acquisitions of land by foreign buyers have sparked concern that the current jurisdiction of the Committee on Foreign Investment in the United States (CFIUS) to review such transactions is not broad enough. CFIUS,...more

Morrison & Foerster LLP

CFIUS Seeks to Expand Its Jurisdiction After High-Profile Real Estate Purchases

On May 4, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) published a proposed rule that would update CFIUS’s current real estate-specific regulations to add eight military installations. Broadly,...more

Wiley Rein LLP

Treasury Proposes Expanding CFIUS Jurisdiction Over Land Deals Near Military Installations

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On Friday, May 5, 2023, the U.S. Department of the Treasury (Treasury) published a proposed rule that would expand the list of military installations subject to the jurisdiction of the Committee on Foreign Investment in the...more

Morrison & Foerster LLP

CFIUS Proposes to Expand Its Jurisdiction After High-Profile Real Estate Purchases

On May 4, 2023, the Committee on Foreign Investment in the United States (“CFIUS”) published a proposed rule that would update CFIUS’s current real estate-specific regulations to add eight military installations. Broadly,...more

BCLP

What a relief! High Court grants relief from forfeiture of an option to take a new lease

BCLP on

This decision has confirmed that a court can grant relief from forfeiture in relation to a tenant’s option to take a new lease. It is a useful reminder for landlords that forfeiture does not apply solely to leases, and is a...more

Morgan Lewis

Revisiting CFIUS Jurisdiction Over Real Estate Transactions

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Concerns are growing over the national security impact of real estate purchases by foreign persons, only a small portion of which are reviewed by the Committee on Foreign Investment in the United States (CFIUS). These...more

Foley Hoag LLP - Cannabis and the Law

Securing Site Control in Cannabis Licensing

In most jurisdictions, applicants need to evidence some form of site control of the location for which they are seeking to secure a license to operate a cannabis facility. While some jurisdictions allow provisional...more

Jackson Walker

Exceptions to Coverage for “Excluded” Foreign Investors and States and Investment Funds From the Expanded CFIUS Jurisidiction

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As discussed in the initial article on the new CFIUS regulations, there are two important exceptions from coverage that need to be evaluated in determining what, if any, steps need to be taken to ensure compliance with the...more

Jackson Walker

CFIUS Begins Review Process for Real Estate Transactions by a Foreign Investor

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Growing concern about foreign surveillance and intelligence gathering led Congress to provide CFIUS with authority to review real estate transactions by foreign parties when it passed FIRRMA... Prior to FIRRMA, CFIUS began to...more

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