News & Analysis as of

Real Estate Investments Risk Management

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

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

Haynes Boone

Real Estate Insights - July 2025

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Haynes Boone’s Real Estate Practice Group is excited to introduce the summer edition of HB Real Estate Insights. We hope you enjoy this read....more

Blake, Cassels & Graydon LLP

Joint Ventures: Financing Considerations and Potential Pitfalls

If you are an investor, developer or lender in a joint venture that is proposing to finance the property that is the subject of the joint venture, it is important to protect your interests by considering how to address a...more

A&O Shearman

FSB report identifies vulnerabilities in non-bank CRE investors

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The Financial Stability Board (FSB) has published a report, alongside a press release and updated webpage, examining vulnerabilities in non-bank commercial real estate (CRE) investors. The report identifies entities such as...more

Goodwin

Shareholder Activism in the REIT Sector: An Evolving Landscape

Goodwin on

Shareholder activism in the public REIT sector has evolved from a marginal tactic employed by a small number of high-profile hedge funds into a persistent, structural feature of corporate life. The public REIT model, long...more

DLA Piper

DLA Piper Annual State of the Market Real Estate Survey

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A market of mixed sentiments: DLA Piper’s two-part survey of commercial real estate leaders captures evolving views in 2025 shortly before and after the emergence of new US trade policies – offering a revealing snapshot of...more

A&O Shearman

EBA consults on amendments to RTS for risk weights on immovable property exposures

A&O Shearman on

The European Banking Authority (EBA) has issued a consultation paper on draft regulatory technical standards (RTS) amending Delegated Regulation (EU) 2023/206, supplementing Regulation (EU) No 575/2013 (CRR). The EBA is...more

Clark Hill PLC

Clark Hill 2025 Commercial Real Estate Outlook: The Number One Cybersecurity Threat Facing the Real Estate Sector

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When we talk to clients about cybersecurity, it tends to conjure up images of ransomware, systems that are encrypted and inaccessible, and stolen data. For the real estate sector, ransomware isn’t the largest cybersecurity...more

Winstead PC

An Unanticipated Complication of Investing in SFR: Investors Sometimes End Up Being HOA Managers

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Build-to-Rent (“BTR”) is a subsector of Single Family Rentals (“SFR”). As a subsector of SFR, BTR occupies a unique space within the U.S. residential rental market. The broader category of SFR includes scattered homes for...more

Goodwin

Commercial Real Estate Market Expected to Strengthen With Increased Transaction Activity in 2025

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Respondents to our annual survey are optimistic about market growth, show strong interest in digital economy properties, and see significant potential for AI in property management....more

Sands Anderson PC

Top 6 Considerations for Landlords Navigating a Purchase or Right of First Refusal Option in Commercial Leases

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When it comes to commercial leases, offering a tenant the chance to purchase the property or exercise a right of first refusal can be an appealing way to sweeten a deal. However, these options come with layers of complexity...more

Pillsbury Winthrop Shaw Pittman LLP

New ASTM Standard Aims to Facilitate Assessing Climate Risk and Resilience Considerations

Owners, lenders and investors in real property have long relied on ASTM E 1527-21, a product of ASTM International, in connection with Phase I Environmental Site Assessments. This product is used to establish that “all...more

BCLP

On Your Radar? 10 Real Estate Risk Areas to Watch in 2025

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As we look ahead to 2025, several key areas within the real estate sector are poised to see an uptick in disputes. This report outlines ten pressing issues that property owners, occupiers, developers and investors should be...more

Husch Blackwell LLP

Essential Resources for California's Commercial Real Estate Landlords and Tenants

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When the damage is finally assessed, the January 2025 wildfires in Southern California will likely be the costliest blaze in U.S. history, and no doubt real estate will comprise a major component of those assessments....more

Womble Bond Dickinson

The Risks of Debt Purchase Transactions

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The commercial real estate (CRE) industry is facing a looming wall of $2 trillion in debt maturities, with an estimated $929 billion coming due this year. These staggering numbers are particularly troubling since refinancing...more

Womble Bond Dickinson

Debt Purchase Transactions: Beware of the Risks

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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

Morrison & Foerster LLP

Proposed Changes to Risk-Based Capital Framework for Banks: Potential Effect on Risk-Weighting of Commercial Real Estate (CRE)...

Background. As part of an international effort to recalibrate how banks calculate their risk‑based capital, U.S. bank regulatory agencies (the “Agencies”) recently proposed major changes to how banks would be required to...more

DarrowEverett LLP

Florida Business Climate Great for Pickleball, But Risks Are in Play

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When discussing the ever-evolving landscape of Florida’s commercial real estate (CRE) market, one trend has begun to stand out — the rise of pickleball. This sport, once a leisurely pastime, has turned into a compelling...more

Woodruff Sawyer

Environmental Insurance: Can You Afford Not to Purchase It?

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Most real estate being bought, sold, and developed in the United States is not raw, virgin land. The significant majority has a history: agricultural, commercial, industrial, mixed use, residential, etc. ...more

Jones Day

German Government Implements Stricter Anti-Money Laundering Rules for Real Estate Sector - Changes to the German anti-money...

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Money laundering risks in the real estate sector have moved increasingly into focus in recent years. The German Government is about to implement stricter anti-money laundering rules following the enactment of the Fourth Money...more

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