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HTMLWould You Like a Side of Fries With That Banking Services? Permitted Use Provision in Mall Leases
Albert Lin; McCarthy Tétrault LLP;
Legal Alert/Article
April 8, 2015, previously published on January 27, 2015
One critical factor in the success of a multi-tenant retail centre is the ability to entice tenants occupying different niches in the consumer product market to foster an ecosystem of goods and services attractive to the target consumers. The permitted use provision is a critical tool available to...


Adobe PDFGerman Merger Control: German Federal Cartel Office Provides Detailed Guidance on its Analysis of Residential Real Estate Transactions
Axel Beckmerhagen, Juan Rodriguez; Sullivan & Cromwell LLP;
Legal Alert/Article
April 1, 2015, previously published on March 3, 2015
On 28 January 2015, the German Federal Cartel Office (“FCO”) approved the acquisition of Luxembourglisted Gagfah S.A. (“Gagfah”) by German-listed Deutsche Annington Immobilien SE (“Deutsche Annington”). The FCO’s approval of this transaction paves the way...


Adobe PDFBuyer Beware: City of San Diego Requires a Second Historic Review of Fully Entitled Projects
Evelyn F. Heidelberg; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
March 31, 2015, previously published on January 2015
So you’re under contract to purchase a property with a tentative map and other entitlements issued by the City of San Diego in the mid-2000s, the life of which has been extended by state law and City ordinances enacted during the Great Recession. A structure on the property is more than 45...


HTMLImportant Alert for Commercial Owners/Landlords and Brokers/Agents: Changes to California Dual Agency Disclosure Laws Effective January 1, 2015
Lydia Lake, Pamela L. Westhoff; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 30, 2015, previously published on March 2, 2015
Effective January 1, 2015, California law requires real estate brokers and agents to provide their clients and prospective clients with specific new disclosures, including (1) an initial disclosure form regarding the nature of agency relationships, which is typically provided at the time a listing...


HTMLConsider a Receiver's Sale as an Alternative to a Sheriff's Sale in Ohio
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 27, 2015, previously published on March 20, 2015
Receivership has traditionally been used in foreclosure cases in order to collect rents from tenants while the foreclosure case is pending. Ohio's recently amended receivership statute1, which becomes effective on March 23, 2015, establishes new grounds for the appointment of a receiver, expands...


HTMLCourt of Appeals Affirms Holding That Letter of Intent is Enforceable Where It Contained All Necessary Terms and Did Not Explicitly Reject Being Bound.
Gregory S. Emrick; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on February 2015
Falls Garden Condominium Association, Inc. (“Falls Garden”) mistakenly believed that it owned 65 parking spaces adjacent to their building. After 23 years, Falls Garden set up parking signs indicating unauthorized vehicles would be towed. The actual lot owner, Falls Homeowners...


Adobe PDFOverview of Real Estate Investments in Italy
Alessandro Corno, Luca Ferrari, Eriprando Guerritore, Francesca Tresoldi, Matteo Troni; Jones Day;
Legal Alert/Article
March 27, 2015, previously published on January 2015
Real estate investments in Italy are mainly carried out via one (or a combination) of the following types of investment vehicles.


HTMLCEQA “Common Sense” Exemption Upheld; Environmental Baseline for Project Following Improvements Pursuant to an Emergency Exemption Clarified
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Fourth District Court of Appeal upheld a CEQA exemption related to the City of San Diego’s approval of a project comprising emergency storm drainage repair and site revegetation. The decision addressed various CEQA issues, including the environmental baseline determination, the...


HTMLSacramento Kings Win Again; Second CEQA Challenge Rejected
Shadi Mahmoudi, Maria Pracher; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
March 27, 2015, previously published on March 10, 2015
The Court of Appeal for the Third Appellate District of California has ruled in favor of the City of Sacramento with regard to a series of challenges brought under CEQA to certification of an EIR and approval of a project to build a new arena in downtown Sacramento. The project involves a...


HTMLIt’s a Bird, It’s a Plane, It’s...Super Priority! A Brief Primer on Purchase Money Security Interests
Jamie Watkins Bruno; Williams Mullen;
Legal Alert/Article
March 24, 2015, previously published on March 5, 2015
A “purchase-money security interest” (or “PMSI”) is a security interest securing a “purchase-money obligation”, or an obligation incurred by a debtor to buy collateral (known as “purchase-money collateral”). Such obligation can be in the form of...


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