Commercial

Expert Analysis

• 4 Questions For Insureds To Overcome Flood Exclusions

  

  In a year of record flash flooding in the U.S., affected policyholders, who may assume that their policy's flood exclusion precludes recovery for losses, should look to the many factually and legally nuanced cases presenting pathways to coverage, says Micah Skidmore at Haynes Boone.

• Opportunity Zone Overhaul Is Good News For Investors

  

  Recently enacted reforms making the qualified opportunity zone program permanent, restoring the basis step-up for capital gains and adding flexibility to the zone designation process enhance the program’s appeal for long-term investment, says Steven Hadjilogiou at McDermott.

• Texas High Court Decision Could Reshape Contract Damages

  

  The Texas Supreme Court recently held that an order of specific performance for a real property transaction doesn't preclude a damage award, establishing a damages test for this scenario while placing the onus on lower courts to correctly determine the proper remedies and quantum of damages, say attorneys at Fried Frank.

• 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.

• Navigating The Complexities Of NYC Waterfront Development

  

  More than a dozen city, state and federal agencies share oversight of New York City's waterfront, presenting developers and their counsel with both challenges and opportunities to shape the regional and national economy, say attorneys at HSF Kramer.

• 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.