Our colleagues Susan Phillips, Stephen Friedberg and Andrew Dean wrote an article recently published on CFO.com. “Sale-Leasebacks: Cash Out but Keep Control” advises on how to recover capital spent on property acquisition and improvements while continuing to occupy and operate the property. The article has been attached below. Continue Reading Sale-Leasebacks: Cash Out but Keep Control
Allan Caggiano is a Member in the firm’s Real Estate Practice and is based in the Boston office. His practice focuses on residential and commercial real estate transactions, including acquisitions and sales, finance, development, construction, and leasing. He represents developers, lenders, investors, landlords, and tenants involved in transactions of a local, regional, or national scale. His experience includes representing landlords and tenants in leasing transactions for office, laboratory, telecom, industrial space, and sale-leasebacks as well as representing hospitals and health care providers in facility acquisitions and dispositions.
Recently, Law360 published our colleague Andrew A. Dean’s follow up to his previous article, “Negotiating Exclusive Use Provisions in Retail Leases.” This new article discusses how to address “rogue tenants,” the enforcement of an exclusive and whether continuous operation clauses should factor into the exclusive use provision when negotiating a retail lease on behalf of a tenant.
To read the full article, click here.
We are thrilled to announce that our colleague Andrew A. Dean was published in Law360. His article focuses on the more frequently discussed provisions in a retail lease – the tenant exclusive. He covers his own experience representing retail tenants and explains the fundamentals of a tenant exclusive from the perspective of the tenant and the various considerations to provide a healthy and robust advantage over competitors within the shopping center setting.
To access the full article, click here.
On September 15th, Mintz Levin, Cresa, and BDO will be hosting a Panel Discussion and Networking Reception in San Diego, California on the new changes to lease accounting rules. The FASB change will have profound impact on companies’ capital structures, leasing practices, and operational procedures. We invite you to a special evening event, where you will gain insight from our trusted advisors from legal, accounting, and real estate perspectives on the new FASB lease asset and liability reporting rules. For more information and to register, click here.
Recently, our colleague Steve Friedberg published an article in AreaDevelopment on “Data Center Development and Financing Strategies”. Co-authored by Gregory Burkart and Laca Wong-Hammond from Duff & Phelps, the article discusses industry-specific factors to consider when evaluating data center locations including power needs/costs, scalability, and security; and carefully analyzes financing strategies for these capital-intensive endeavors as well.
To access the article in full, click here.
Mintz Levin was a sponsor of IMN‘s 13th Annual Winter Forum on Real Estate Opportunity & Private Fund Investing held at the Montage resort in Laguna Beach. The IMN conference is the premier West Coast conference on real estate investing and is attended by the most influential voices in the real estate industry. Continue Reading Costs and Practicalities of Utilizing Alternative Sources of Capital for New Acquisitions, Refinancings & Development
On February 23, 2016, the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys will become effective (superseding the 2011 ALTA/ACSM standards).
An overview of the changes (courtesy of Chicago Title Insurance Company) can be found at this LINK, and include (among others): Continue Reading 2016 ALTA/NSPS (formerly ALTA/ACSM) Land Title Survey Standards
A sophisticated (and effective) wire-fraud scam targeting real estate (and other) transactions is on the rise, and mostly occurring in the United States.
Here’s a Wire Fraud Alert from Chicago Title explaining how the scam works.
The National Association of Realtors suggests following this guidance to avoid becoming a victim: Continue Reading Sophisticated Email Scams Targeting the Real Estate Industry
Our colleague Steve Friedberg recently spoke at the ICSC Shopping Center Law Conference in Phoenix, Arizona on the topic of “Financeable Retail Leases: A Guide to the Perplexed”. The seminar explored the requirements for creating financeable retail leases from the perspectives of landlords, tenants and leasehold and fee mortgage lenders. Five key takeaways from Steve’s presentation were:
- The users of these leases are generally national credit tenants who require control over the construction of their buildings through long-term ground leases (the term generally is at least 25 years, plus 4 or more 5 year renewal options—the term, including options, has to be at least 20-30 years longer than the term of a leasehold mortgage to satisfy rating agency requirements). Because of their credit standing, these tenants can build their improvements much less expensively than a landlord (and the landlord does not have the risk of construction and its cost). Continue Reading Financeable Retail Leases: A Guide to the Perplexed
We are seeing more and more of our clients branching out into international markets. My partner, Dawn Saunders, wrote an interesting article about navigating international leasing transactions and the importance of having experienced international leasing counsel review these transactions. For example, experienced U.S. based attorneys have vetted and worked with local counsel. Additionally, they understanding key differences like how local contracts differ from contracts in the U.S. and how risk is assessed.