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See You in September
August 30, 2021
U.S. Supreme Court Holds That CDC Exceeded Its Authority in Issuing Eviction Moratorium
Mean What You Say, Say What You Mean: Tenant Estoppels Do Work
Limited Recourse Finance Series, Part 2: Structural Features
There Was No 'Gap' in the Lease Language: COVID Is Not a Casualty
Substantive Consolidation and Non-consolidation Opinions
Recent Transactions
Summer Reading
July 30, 2021
Note Prevails over Mortgage in the Event of a Conflict
Limited Recourse Financing Series: The Need for Limited Recourse Structures
COVID-19 Update: Supreme Court Denies Request to Lift CDC’s Eviction Moratorium
Recent Transactions
The New Normal?
June 30, 2021
Coming Back
Make Me a Right of Refusal I Can't Refuse
Negative Pledges in Commercial Real Estate Financings – Why Do We Need Them?
The Importance of Springing Members
Cadwalader Advises on Major Real Estate Finance Transactions
Recent Transactions
Summer's Coming
May 27, 2021 | Issue No. 24
One Way Out: New York’s One-Action Rule
A Further Blow to the Landlords? The Virgin Active Case and the New Restructuring Plan Regime
COVID-19 Update: Governor Cuomo Extends Eviction and Foreclosure Moratorium until August 31
COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories Asserted by Retail Tenant
Recent Transactions
Something Special
April 29, 2021 | Issue No. 23
What’s So Special about Special Purpose Entities?
Don’t Be Cruel: Appellate Division Upholds Waiver of Fiduciary Duties But Denies Motion to Dismiss Claim for Breach of Good Faith and Fair Dealing
Insurance Broker Letters in Commercial Real Estate Financings: Why Do We Need Them?
Recent Transactions
Springing Forward
March 30, 2021 | Issue No. 22
Making Sure the Ground Tenant Builds
LIBOR Update
COVID-19 Update: Federal Eviction Moratorium Struck Down
COVID-19 Update: Governor Cuomo Extends Eviction Protections for Small Businesses That Demonstrate a Financial Hardship
Recent Transactions
The Changes Continue
February 25, 2021 | Issue No. 21
Ch-Ch-Ch-Changes: NY Commercial Landlords’ Duty to Mitigate
Brexit Update – Changes to Loan Documentation
New York Assembly-Sponsored Legislation Proposes New Tax on Mezzanine Debt and Preferred Equity
Upcoming Webinar: Defeasance in Real Estate Finance: Process and Timing, Prepayment and Lockout Provisions
Recent Transactions
Bouncing Back
January 28, 2021 | Issue No. 20
Congratulations to Bonnie Neuman
(Don’t) Stand By Me: NY Court of Appeals Judge Unravels Confusion Surrounding Doctrine of Standing in Residential Foreclosure Actions
You Can Run But You Can’t Hide: The Corporate Transparency Act
COVID-19 Update: Governor Cuomo Extends Residential Eviction and Foreclosure Moratorium
COVID-19 Update: Can’t Lose What You Never Had: New York State Court Rejects Argument That a Pledge of the Equity Interests in an Entity That Owns Real Property Requires Foreclosure under RPAPL Article 13
English Courts Consider Material Adverse Effect Clause Invoked by the Effects of the COVID-19 Pandemic
Recent Transactions
Turning the Page
December 21, 2020 | Issue No. 19
Welcoming 2021
Take Another B-Piece of My Heart, Now Baby
Don’t Lend No Hand to Raise No Flag Atop No Ship of Fools: Breach of SPE Provisions by Non-Borrower Exposes Non-Borrower to Potential Tort Liability
Hotel Financing Series, Part 6: Cash Control
Recent Transactions
Don't 'Fall Back' on LIBOR
November 30, 2020 | Issue No. 18
LIBOR Remediation Raises Lien Priority and Title Insurance Questions
LawWise Podcast: A Closer Look at Real Estate Workouts and Restructurings, Part 2
Hotel Financing Series, Part 5: Hotel Management Arrangements and Related Issues
Recent Transactions
Talking About Workouts and Restructurings
October 28, 2020 | Issue No. 17
LawWise Podcast: Real Estate Workouts and Restructurings
CFIUS Basics for Real Estate Lenders
The Only Guarantee in Life Is That There Are No Guarantees
Executive Order Extending Moratorium on Commercial Evictions until January 1, 2021
Hotel Financing Series, Part 4: Deciphering the Pitfalls in Dealing with Franchise and Non-Disturbance Agreements
Bill Ackman Keynote, Real Estate Panels at Fifth Annual (Virtual) Finance Forum on November 12
Recent Transactions
Heading into Q4
September 30, 2020 | Issue No. 16
New York State Legislature Considering Imposition of Mortgage Recording Tax on Mezzanine Loans and Preferred Equity
Hotel Financing Series, Part 3: Use of OpCo/PropCo Structures
COVID-19 Update: CDC Order Temporarily Halts Residential Evictions Nationwide until December 31, 2020
Virtual 5th Annual Finance Forum Set for November 12
Recent Transactions
The Changing Landscape
August 31, 2020 | Issue No. 15
The Commercial Real Estate Landscape in the Post-COVID World
Hotel Financing Series, Part 2: Covenants
What is 'Physical Loss'? Court Opens the Door for Policy Holders
COVID-19 Update: Governor Cuomo Extends Tenant Protections, Including Eviction and Foreclosure Moratorium
New York State Supreme Court Temporarily Halts UCC Foreclosure of Mezzanine Loan
Some Thoughts on Late Charges and Default Rate Interest
Taking Notice
Recent Transactions
Accepting the Challenge
July 30, 2020 | Issue No. 14
Social Distancing for Distressed Loan Negotiations: The Role of Reservation of Rights Letters
Hotel Financing Series, Part 1: How a Hotel Loan Differs from Other Real Estate Loans
DRANO Revisited: Further Updates on the Doctrine of Clogging the Equity of Redemption
COVID-19 Update: Draft Legislation Sparks HOPE of a New Commercial Real Estate Preferred Equity Facility by the Department of Treasury
COVID-19 Update: Controversial Rent and Mortgage Payment Relief Bill Introduced
COVID-19 Update: Oregon Law Prohibits Foreclosures During COVID Emergency
Avoiding Title Insurance Pitfalls in Portfolio Transactions
Continuing Considerations
June 30, 2020 | Issue No. 13
MAEbe So, MAEbe Not
COVID-19 Update: Three Months into Lockdown
COVID-19 Update: Ban on Forfeiture, and Government Issues Best Practice Guidelines for the Industry
Securitizing Loans with Future Advance Obligations
Recent Transactions
The Beat Goes On
May 26, 2020 | Issue No. 12
The Basics of Interest Rate Protection
Disposal of Assets to Discharge Debt Ahead of Enforcement by Receivership
COVID-19 Update: Governor Cuomo Extends Eviction and Foreclosure Moratorium and Allows Tenants to Apply Security Deposits to the Payment of Rent
Beware of Pushing the 'Defeasance Button' Too Soon
Recent Transactions
What Now?
April 27, 2020 | Issue No. 11
Empty Rooms — COVID-19's Impact on the Hospitality Industry
COVID-19 Update: Banking Agencies Issue Temporary Deferral of Appraisals and Evaluations for Real Estate Transactions
COVID-19 Update: Temporary Ban on Eviction of Commercial Leases
COVID-19 Update: Revisiting Pre-Negotiation Agreements in the Era of COVID-19
A Closer Look at REMICs at the Time of COVID-19
Hey, Ground Lessor, I’ve Got a Mortgage: The Significance of Proper Notice
In Light of COVID-19 ...
March 29, 2020 | Issue No. 10
We're Here to Help
COVID-19 Update: Immediate Considerations
COVID-19 Update: Recording Issues and Title Insurance
COVID-19 Update: Thoughts on Force Majeure and Impossibility of Performance
When Should a Guarantor’s Liability Terminate under a Carry Guaranty?
Issues to Consider When a Revocable Trust Is a Guarantor
Updates, Changes and Cautions
February 25, 2020 | Issue No. 9
Negotiating Lender Approval Rights over Service Agreements for Hospitality and Other Properties
Update on New EB-5 Regulations
Email Footers: Proceed with Caution
Real Estate Finance Associates
Recent Transactions
Real Estate Events
The LIBOR Transition Challenge and More
January 28, 2020 | Issue No. 8
Some Thoughts on Lockouts and Default Prepayment
Don't Lose It over a Lost Promissory Note
LIBOR Transition Study by Cadwalader and Sia Partners
LIBOR Transition to Alternative Rates — Tax Treatment under Proposed Regulations
Recent Matters
Real Estate Events
Looking Ahead
December 19, 2019 | Issue No. 7
Welcoming 2020
Looking for Limits: The Negotiation of Environmental Indemnity Agreements
The Benefits of Opco/Propco Financing
Now's Not the Time for Secrets: Evaluating Confidentiality Provisions in Your Leases
Congratulations!
A Focus on Finance
November 22, 2019 | Issue No. 6
Governmental Considerations Attendant to a Mezzanine Loan Foreclosure
Property Insurance in Real Estate Finance Transactions
Exposure and Remedies under Completion Guaranties
Recent Matters
A Tilt of the Globe
October 28, 2019 | Issue No. 5
Outlook on Foreign Investment in U.S. Commercial
Real Estate
Private Placements as an Alternative Financing Tool in the European Real Estate Market
What the New 'Mansion' Tax Increase Means for New York’s Residential Real Estate Market
Recent Matters
Logical Logistics and More
September 27, 2019 | Issue No. 4
Logistics as the Logical Commercial Real Estate Investment
Modifications of Loan Documentation
CVA and Its Prominence in Restructuring the Retail Sector
Designating an Agent for Service of Process
Real Estate Finance a Key Focus of 4th Annual Finance Forum on October 17
Limitations and LTVs
August 26, 2019 | Issue No. 3
New Limitations on Cooperative and Condominium Conversions
The ‘Range’ When Valuing for LTV Covenants
Things to Consider When Your Guarantor Is a Fund
Save the Date: Finance Forum 2019
A Closer Look at EU Loan Syndication, U.S. Financing Trends and CMBS
July 29, 2019 | Issue No. 2
Inside this Issue
Current Trends and Issues Arising in U.S. Real Estate Transactions: Several Versus Joint and Several Liability of Guarantors
Europe Economics Publishes Competition Report on EU Loan Syndication
Loan-to-Value Tests in U.S. Real Estate Finance Transactions
A Tale of Two Continents -- European CMBS v U.S. CMBS & CRE CLOs
Cadwalader Tops CMBS Tables for 19th Straight Year
Real Estate Events
Introducing REF News and Views
June 24, 2019 | Issue No. 1
Welcome and Introduction from the Global Head of Real Estate
Current Trends and Issues Arising in U.S. Real Estate Transactions
Market Views: Are U.S. Deal Terms Filtering into the European Real Estate Market?
Changes to the UK’s Regime for Taxing Gains on Real Estate: Does This Affect Your Real Estate Fund?
The New CGT Regime: What Is the Impact for Lenders and Borrower/Sponsors?
Real Estate Events
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