Here are some significant environmental and regulatory rulings and administrative actions from December 2020. THE U.S. SUPREME COURT Texas v. New Mexico On December 14, 2020, the U.S. Supreme Court decided a water rights controversy involving sharing the water of the Pecos River. The 1949 Pecos River Compact provides for…
A recent Chuck E. Cheese decision denies the debtor’s/tenant’s request to defer paying rent after the 60-day “rent holiday.” The Bankruptcy Court applied the “plain language” rule to hold that section 365(d)(3)’s rent holiday cannot be extended. In “Bankruptcy Court Rules Bankruptcy Code Does Not Permit Extended Rent Holiday for Retail…
The Corporate Transparency Act creates a federal beneficial ownership registry for corporations, LLCs and “other similar entities.” The act creates new and unprecedented reporting obligations relating to entity structures commonly used in private real estate development. Colleagues Christian A. Buerger, David L. Miller, Andrew J. Weiner and Aaron R. Hutman discuss the…
As we say goodbye to 2020, we wanted to share our top five most-read articles of 2020 from Gravel2Gavel. The most-read blog posts covered real estate and construction industry trends ranging from proptech trends like blockchain tokenization to COVID-specific rent carveouts and management disclosures to trends and market updates. Our posts…
THE FEDERAL APPELLATE COURTS The U.S. Court of Appeals On November 23, 2020, the court, in a 2-to-1 vote, rejected the plaintiff’s request for an emergency injunction pending appeal in the case of Manzanita Band of Kumeyaay Nation, et al. v. Wolf. The majority held the requirement for such relief…
We’ve been busy podcasting! Here are some of our recent episodes focused on real estate and hospitality (and hosted by Joel Simon). Episode #22: Real Estate Market Update: Listen in for an update on the current real estate market, which types of lenders are active in the market and the…
As we previously reported, the popularity of the sustainability linked loan and the green loan have snowballed in recent years. However, it’s not just the loan market that’s taking the consideration of environmental, social and governance (ESG) practices seriously. Studies show that companies are coming under pressure from all sides…
In this video mini-series, Real Estate partner Caroline Harcourt and Insolvency & Restructuring partner Patrick Fitzmaurice and special counsel Jon Doolittle join forces to explore some of the key components of a commercial foreclosures. The trio provide a general overview of the pre-foreclosure process, outline important considerations when drafting a foreclosure complaint, offer guidance on the steps…
This is a brief review of the recently released “Climate 21 Project” policy memo. It is the work of many former members of the Obama Administration who are deeply concerned about climate change and what steps the new administration can take in the first 100 days to confront a problem.…
Blockchain technology is a digitized, distributed ledger that immutably records and shares information using software protocols and advanced cryptology. The development of blockchain-based smart contracts—self-executing software algorithms integrated into a blockchain with trigger actions based on pre-defined parameters—has made it possible for parties to automate the process of executing commercial…