News & Analysis as of

Real Estate Investments

Troutman Pepper Locke

Review Risk Is Increasing for Foreign Real Estate Developers

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The release of the “America First” investment policy memorandum on Feb. 21 was a glimpse into the Trump administration’s approach to foreign investment oversight, particularly for the Committee on Foreign Investment in the...more

Orrick, Herrington & Sutcliffe LLP

FDIC wins dismissal of individual’s claim of right of first refusal

On August 11, U.S. SDNY granted the FDIC’s motion to dismiss in a breach of contract case alleged by an individual against the FDIC, acting as receiver for a bank. The plaintiff, a real estate investment firm manager, alleged...more

Mandelbaum Barrett PC

ADA Lawsuits for Real Estate Investors: Understanding Nuisance Claims & How to Protect Your Assets

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The Americans with Disabilities Act (ADA) was enacted to ensure equal access and opportunity for individuals with disabilities. While the law plays a critical role in advancing accessibility, in recent years it has also...more

Lowndes

Due Diligence Considerations When Acquiring Distressed Real Estate

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If you are considering buying distressed real estate, taking the time to thoroughly evaluate the property is one of the most important steps you can take to protect your investment. This process, known as due diligence,...more

Vedder Price

Alternative Investments and 401(k) Plans

Vedder Price on

On August 7, 2025, President Trump signed an Executive Order (the “Order”) directing the Department of Labor (“DOL”) to re-examine guidance on a fiduciary’s duties under ERISA regarding alternative asset investments in 401(k)...more

Kerr Russell

The One Big Beautiful Bill Act Recharges Qualified Opportunity Zones

Kerr Russell on

The One Big Beautiful Bill Act (OBBBA) was signed into law on July 4, 2025. As part of the OBBBA, Congress has recharged and permanently extended the tax benefits offered by the Qualified Opportunity Zone (QOZ) program. ...more

Miller Canfield

New Executive Order Seeks to Facilitate Alternative Investments in 401(k) Plans

Miller Canfield on

On August 7, 2025, President Trump signed an Executive Order titled “Democratizing Access to Alternative Assets for 401(k) Investors.” This Executive Order has the potential to significantly change how retirement savings...more

Allen Matkins

What can borrowers navigating loan renewals do to reach favorable solutions with lenders in the face of high refinancing costs?

Allen Matkins on

“Be honest and forthcoming with your existing lender about your needs and your specific plan for the project. Offer cost-cutting measures and explain how you will reduce leverage over time. Be responsive to lender requests...more

Alston & Bird

New York Legislation Impacts Investments in Single-Family Rental Properties

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What Happened? At both federal and state levels, there has been notable increased governmental scrutiny of institutional investment in the single-family rental market and concern about its impact on rising housing costs in...more

Jones Day

Real Insight - Issue 1 2025

Jones Day on

INTRODUCTION - Welcome to the first edition of Real Insight, our new UK real estate update. Among the subjects covered in this edition are the emerging success of data centres in the planning system, continuation funds,...more

Proskauer - Private Market Talks Podcast

[Podcast] Private Market Talks: Navigating Policy, Private Markets and AI with Barings’ David Mihalick

Barings is one of the world’s leading investment managers, with a platform that spans public and private markets, fixed income, real assets and capital solutions. In this episode, we sit down with David Mihalick, Co-Head of...more

Freiberger Haber LLP

Enforcement News: SEC Charges Wisconsin Resident and The LLCs That He Owns and Controls with Perpetrating a Real Estate Affinity...

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On August 1, 2025, the Securities and Exchange Commission (“SEC”) announced (here) that it charged a Wisconsin resident and three limited liability companies that he owns and controls – Investors Capital LLC, Global Investors...more

Davis Wright Tremaine LLP

Is Your Defined Contribution Plan Ready for Alternative Assets?

President Trump has issued an Executive Order ("Order") to enable defined contribution plans (e.g. 401(k) and 403(b) plans) to invest in "alternative assets," such as private equity, real estate and digital assets. The Order...more

Hone Maxwell

Texas Restricts Foreign Ownership of Real Estate

Hone Maxwell on

On June 20, 2025, Texas Governor Greg Abbott signed Senate Bill 17 (SB 17) into law, creating restrictions on foreign ownership of real estate in the state. The law takes effect September 1, 2025, and will have significant...more

Morgan Lewis

Crypto, Private Equity, and Real Estate in Your 401(k)? Latest Executive Order Could Redefine Retirement Investing

Morgan Lewis on

The US administration issued an executive order aiming to expand access to alternative investments, including cryptocurrency, private equity, and real estate, in ERISA-governed retirement accounts....more

Goodwin

Trump Administration’s Executive Order to Facilitate Availability of Alternative Assets in Defined Contribution Plans: What Does...

Goodwin on

On August 7, 2025, the Trump Administration issued a long-awaited executive order (the “Executive Order”) to encourage sponsors of 401(k) and other participant-directed defined-contribution plans that are governed by the...more

ArentFox Schiff

Increasing Federal Focus on Foreign Ownership of American Farms

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The Trump Administration is moving aggressively to prevent foreign adversaries’ ownership of US agricultural land....more

Lowndes

Buying Distressed Real Estate in Florida: 6 Strategies Every Investor Should Know

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This article is the first in a multi-part series based on the Lowndes white paper, “Selling & Acquiring Distressed Real Estate in Florida.” Each installment will examine key legal and strategic considerations for acquiring...more

Allen Matkins

Veering in the Direction of a Turnaround

Allen Matkins on

There hasn’t been much good news for the office sector for several years, but positive sentiment is picking up. While there are a few California markets with a negative outlook, there has been marked improvement in San...more

Allen Matkins

Retail’s Flight to Quality

Allen Matkins on

With investors expressing optimism, the retail sector is steady or improving across California. Residential-serving retail is a key bright spot, with specialty stores and restaurants potentially entering a new growth cycle,...more

Gray Reed

Texas Court Splits Family Timber Land Over Heir’s Objections

Gray Reed on

“He who comes for the inheritance is often made to pay for the funeral”.* When heirs inherit property together and can’t agree on its use, Texas courts strongly prefer dividing the land physically rather than forcing a sale,...more

White & Case LLP

Saudi Arabia Approves Landmark Real Estate Ownership Law for Non-Saudis

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Saudi Arabia has approved a landmark new law regulating real estate ownership by non-Saudis, published on July 25, 2025 in the official gazette. This Law of Real Estate Ownership by Non-Saudis will take effect 180 days after...more

Bilzin Sumberg

Opportunity Zones after OBBBA - Old Zones Left to Expire, New Zones Created

Bilzin Sumberg on

The One Big Beautiful Bill Act signed by President Trump on July 4, 2025 (the “OBBBA”) creates a new round of qualified opportunity zones (“QOZs”), with potential new QOZs to be designated every 10 years....more

Frost Brown Todd

Carveouts and Cash Flow: Additional Impacts of Cherryland Mall

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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

King & Spalding

Saudi Arabia Introduces New Legal Framework for Foreign Ownership of Real Estate

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On 14 July 2025, the Council of Ministers of the Kingdom of Saudi Arabia issued Council of Ministers Resolution No. (M/14) approving the issuance of the Law on Real Estate Ownership by Non-Saudis (the “New Law”), which...more

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