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1
5Pointz And The Visual Artists Rights Act Of 1990
A recent article I co-authored and published in the New York Law Journal recaps and highlights the key takeaways in the federal district court's decision in Cohen v. G&M Realty L.P....
United States
4 Jun 2018
2
Cities And Developers Must Prepare For Climate Change Now
In the wake of federal cuts, local governments and developers need to be proactive in addressing climate resiliency.
United States
28 Mar 2018
3
Massachusetts Appeals Court Holds That Restrictive Covenants Created As Part Of A Common Scheme May Be Extended Beyond Thirty Years Only If Explicitly Allowed In The Original Instrument
On December 5, 2017, the Massachusetts Appeals Court issued an important decision in Berger v. 2 Wyndcliff, LLC, No. 16-P-336 (Mass. App. Ct. Dec. 5, 2017), clarifying the extent ...
United States
11 Dec 2017
4
Proposed U.S. Tax Reform May Impact Investments In U.S. Real Estate
Last week, the long-awaited proposed bill for a comprehensive reform of the U.S. tax code (the "Proposed Tax Reform") was finally released.
United States
9 Nov 2017
5
FTC's First Test Of Supreme Court's North Carolina Dental Precedent In New Case Against Real Estate Appraisal Board
Even with a reduced lineup of only two commissioners — the Republican Acting Chair and one Democratic Commissioner — the FTC filed an administrative complaint this week against the...
United States
9 Jun 2017
6
California Update: Amended Civil Code Section 1938 And New CASp Obligations For Commercial Landlords
Last September, Governor Brown signed California Assembly Bill 2093 ("AB 2093") which amended California Civil Code Section 1938 and created new obligations for commercial landlords.
United States
8 Feb 2017
7
Droning Along: What Commercial Real Estate Property Owners Should Consider In The Drone Age
Drone use in the real estate industry has exploded in recent months. The utility of drones in sales, marketing, construction, surveying, and inspection of real property is undeniable.
United States
16 Nov 2016
8
Developers Who Elect Not To Pay Comprehensive Permit Fees In Full Proceed At Their Peril
The Massachusetts Appeals Court issued an opinion that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B...
United States
20 Sep 2016
9
Good News On "Bad Boy" Guarantees; IRS Reverts To Prior Position In Recent Legal Advice Memorandum (ML Tax And Real Estate Alert)
On April 15, 2016, the IRS released a memorandum addressing the impact of so-called "bad boy" guarantees on the characterization of underlying partnership debt as recourse vs. nonrecourse under Section 752 of the Internal Revenue Code.
United States
26 May 2016
10
Good News On "Bad Boy" Guarantees – IRS Reverts To Prior Position In Recent Legal Advice Memorandum
On April 15, 2016, the IRS released a generic legal advice memorandum addressing the impact of so-called "bad boy" guarantees on the characterization of underlying partnership debt as recourse vs. nonrecourse under Section 752...
United States
18 May 2016
11
Data Center Development And Financing Strategies (AreaDevelopment)
Recently, our colleague Steve Friedberg published an article in AreaDevelopment on "Data Center Development and Financing Strategies".
United States
19 Apr 2016
12
Important Changes Resulting From New ALTA/NSPS Land Title Survey Standards
As a result of changes to item 6 of Table A regarding the provision of zoning information to the surveyor, the typical sequence of ordering surveys and zoning reports may need to change.
United States
15 Mar 2016
13
FIRPTA Tax Withholding Set to Increase Effective February 16, 2016
Beginning on February 16 of this year, the rate of tax withholding required by the Foreign Investment in Real Property Tax Act (FIRPTA) will increase from 10% to 15%.
United States
15 Feb 2016
14
2016 ALTA/NSPS (Formerly ALTA/ACSM) Land Title Survey Standards
On February 23, 2016, the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys will become effective.
United States
11 Feb 2016
15
Federal Housing Administration Move On PACE Showcases Program's Possible Impact
On August 24, President Obama directed the Federal Housing Administration to allow homeowners to purchase and refinance properties with Property Assessed Clean Energy loans when those loans are subordinated to an FHA-insured mortgage.
United States
4 Sep 2015
16
AB 1103 Update: Postponement Of Certain Nonresidential Building Energy Use Disclosure Requirements
Under California Assembly Bill 1103, owners and operators of nonresidential buildings must disclose certain building energy performance data.
United States
16 Sep 2014
17
Lease Negotiations – Jeff Moerdler, Member, Real Estate (Video Content)
Jeff Moerdler discusses the major issues affecting both tenants and landlords in lease negotiations.
United States
20 Nov 2013
18
SB 1186 Update: California Legislature Attempts To Promote Compliance With Accessibility Standards And To Curtail Vexatious Litigation
In September 2012, the California State Legislature enacted SB 1186 in an effort to cut back on opportunistic litigation and encourage compliance with disability access laws.
United States
23 May 2013
19
Environmental Advisory: Addressing Vapor Intrusion
A new standard issued by ASTM International should assist parties involved in a real estate transaction, whether a purchase, financing, corporate transaction that includes real estate, or even a lease.
United States
17 Mar 2008
20
Federal Communications Commission Strikes Down Lease Restrictions On Wi-Fi Antennas
The Federal Communications Commission ("FCC") recently issued a Memorandum Opinion and Order ("Order") that strikes down an attempt by the Massachusetts Port Authority ("Massport"), which operates Logan Airport in Boston, to limit a tenant’s ability to operate a Wi-Fi antenna to provide free wireless Internet access service to the tenant’s customers and employees.
United States
31 Jan 2007
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