Commercial

Expert Analysis

• A Guide To Army Corps Appeals As Wetlands Definition Shifts

  

  Two years after the Supreme Court's Sackett decision, the definition of federal wetlands is about to change again, making it an apt time to review the process by which developers can appeal an Army Corps of Engineers jurisdictional determination, says Bryan Peeples at Pender & Coward.

• New NY Residential Real Estate Rules May Be Overbroad

  

  New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.

• 11 Essential Questions When Reviewing Hurricane Insurance

  

  As we approach peak hurricane season, business owners must understand critical coverage elements, policy limitations and claim procedures of their commercial property hurricane insurance policies to protect their operations effectively, says Carlton Wilde at Bracewell LLP.

• 6 Questions We Should Ask About The Trump Trade Deals

  

  Whenever the text becomes available, certain questions will help determine whether the Trump administration’s trade deals with U.S. trading partners have been crafted to form durable economic relationships, or ephemeral ties likely to break upon interpretive disagreement or a change in political will, says Ted Posner at Baker Botts.

• Utilizing Rep And Warranties Insurance In CRE Transactions

  

  With insurance and commercial real estate legal trends suggesting that representations and warranties insurance is likely to grow substantially in the next several years, CRE buyers and sellers should learn how such insurance can help resolve conflicting positions during transaction negotiations, say attorneys at Troutman.

• Recent Decisions Caution Against Broad Indemnity Provisions

  

  Two recent decisions in disparate jurisdictions are reminders that businesses and practitioners should be mindful of contractual indemnity rights and draft indemnity provisions that enhance the predictability of enforceability without being overly broad, says Gregory Jaske at Olshan Frome.

• How Real Estate Funds Can Leverage Del. Statutory Trusts

  

  Over the last two years, traditional real estate fund sponsors have begun to more frequently adopt Delaware Statutory Trust programs, which can help diversify capital-raising strategies and access to new sources of capital, among other benefits, say attorneys at Polsinelli.

• What 9th Circ. Ruling Shows About Rebutting SEC Comments

  

  The Ninth Circuit's June opinion in Pino v. Cardone Capital suggests that a company's lack of pushback to a U.S. Securities and Exchange Commission comment may be evidence of its state of mind for evaluating potential liability, meaning companies should consider including additional disclosure in SEC response letters, say attorneys at Barnes & Thornburg.

• 2 NY Cases May Clarify Foreclosure Law Retroactivity

  

  Two pending cases may soon provide the long-awaited resolution to the question of whether retroactive application of the New York Foreclosure Abuse Prevention Act violates the state Constitution, providing a guide for New York courts inundated with motions in foreclosure and quiet title actions, says Fernando Rivera Maissonet at Hinshaw & Culbertson.

• A Look At Florida's New Protected Series LLC Legislation

  

  A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.

• How Trump's Trade Policies Are Shaping Foreign Investment

  

  Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.

• Bill Leaves Renewable Cos. In Dark On Farmland Reporting

  

  A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.

• Observations On 5 Years Of Non-Notified CFIUS Inquiries

  

  Since 2020, the Committee on Foreign Investment in the United States has identified and investigated covered cross-border transactions not formally notified to CFIUS, and a look at data from 50 non-notified matters during that time reveals the general dynamics of this enforcement function, say attorneys at Cooley.