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GettyImages-1219359211-1-300x200What is subrogation? Why am I being asked to waive it? Should I care? To answer that last question, let’s take a quick run at the first two.

What Is Subrogation?
“Subrogation” refers to the act of one person or party standing in the place of another person or party. It is a legal right held by most insurance carriers to pursue a third party that caused an insurance loss in order to recover the amount the insurance carrier paid  the insured to cover the loss. This occurs when (i) the insurance carrier makes a payment on behalf of its insured as the result of a covered accident or injury, and then (ii) the insurer then seeks repayment from the at-fault party.

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In our latest roundup, we look at the increasing difficulty of purchasing a home, potential international fallout from a new trade deal a renewed commitment by one American automaker to electric vehicles, and more!

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This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental Protection Agency.

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In this week’s roundup, we consider distressed property bonds and loans, cities that are sinking under their own skyscrapers, efforts to lower carbon emissions, the unexpected potential of dirty diapers as a building material, and so much more.

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In our latest roundup, we look at a downturn in home-flipping and a continuing overabundance of commercial office space, plus psychological support for construction workers and surging demand for industrial space materials.

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In our latest roundup, the commercial real estate sector continues to wobble, construction booms and busts, flood insurance premiums reach eye-watering levels, and more.

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With 2023 well underway, it is clear that inflation, interest rates, decreased valuations and geopolitical unrest, together with the uncertain future of major asset classes (particularly office and retail), will lead to a wave of distressed real estate transactions. This may result in a familiar pattern of workouts, bankruptcies and foreclosures relating to existing indebtedness.

In “Planning for the Rescue Capital Wave,” written for The Real Estate Finance Journal, colleagues Andrew J. Weiner and Joshua Becker discuss the current real estate ownership and investment climate and how investors should prepare for rising inflations rates via rescue capital. They provide insight on how best to negotiate and consider complex transactions and offers evidence on how rescue capital deals are truly opportunistic investments.

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In “No Cutting the (Priority) Line!: Incidental Beneficiaries to Assumed Contracts and Leases Cannot Assert Cure Claims Against Debtors,” colleagues Dania Slim and Alana A. Lyman examine a recent Second Circuit decision that suggests incidental beneficiaries without legal rights under assumed contracts or leases may not assert cure claims.

 

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In “Fifth Circuit Permits the Use of the Social Cost of Carbon, for Now,” Anne Idsal Austin and David M. McCullough examine the court’s decision to allow the Biden administration to further develop the Social Cost of Carbon (SCC) but to leave open the possibility of future judicial scrutiny of its implementation.