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Spooky and Scary: No, We're Not Talking About the Election!
October 29, 2024
A Halloween Scare: Ambiguity in Loan Terms
Holly Chamberlain Once Again Named Law360 MVP
Bonnie Neuman Named Among 2025 Lawdragon 500 Leading Dealmakers in America
Recent Transactions
Jeopardy Question: Rates and Leaves -- Answer: What Are Things That Are Dropping?
September 30, 2024
FinCEN Issues Final Rule Designed to Combat Money-Laundering in Residential Real Estate Transactions: Money It’s a Gas, Grab That Cash With Both Hands and Make a Stash
Cadwalader Finance Forum: Commercial Real Estate Agenda and Speakers Announced!
Celebrating Cadwalader's Renovated Headquarters
Recent Transactions
Summertime Done Come and Gone My Oh My
August 29, 2024
Fool Me Once, Shame on You; Fool Me Twice, Shame on Me:
Res Judicata
and Ownership Claims Post Foreclosure
Cadwalader Lawyers Featured in Inaugural
Lawdragon
Real Estate Guide
Cadwalader Real Estate Team Recognized in
The Best Lawyers in America 2025
Meet Your Real Estate Moderators! Cadwalader 8th Annual Finance Forum - October 23
July Is Not Just for Olympic Gold: Some Notable and Well-Deserved Awards and Recognition
July 29, 2024
Stay Just a Little Bit Longer: Not Jackson Browne but the Statute of Limitations
Crain’s Names Bonnie Neuman to Its 2024 “Notable Leaders in Real Estate”
Why CMBS Is Growing More Attractive for Investors
Cadwalader’s Molly Lovedale Recognized Among Bloomberg Law’s 2024 ‘40 Under 40’ Honorees
Recent Transactions
Rolling Into Summer With a Fever - Happy Fourth to All!
June 28, 2024
COVID Decision of Interest
In Conversation With Larry Silverstein
Recent Transactions
May Is for Flowers and Cautious Optimism
May 31, 2024
An Update to the New York LLC Transparency Act
An option to dispose of property does not necessarily give rise to a taxable disposal
Recent Transactions
May the 4th Be With You This Saturday
April 30, 2024
I Would Prefer Not to – a Scriveners Tale – Not Bartleby
UK Court ruled debenture is void for non-registration despite there being a Companies House registration certificate
UK Financial Regulator Publishes Guidance on New Anti-Greenwashing Rule
Recent Transactions
Fed Cuts Interest Rates by 4%: Check the Date!
April 1, 2024
Not So Sweet Home Alabama
The UK's Spring Budget 2024 and Its Impact on Real Estate
Ex Parte Appointment of a Receiver Confirmed
Recent Transactions
Leap Year Insights
February 28, 2024
FinCEN’s Proposed Rulemaking: Enhancing Transparency in Residential Real Estate
Government response to consultation on Building Safety Levy suggests it may not just apply to ‘higher-risk buildings’ in England
There’s No Going Back: The Finality of Mortgage Foreclosures
Recent Transactions
Dry January Is Hard Enough Without Transparency Disclosure Too!
January 31, 2024
In This Issue ...
Finance Bill 2023-2024 Introduces Changes to REIT Rules
Nowhere to Run to Baby, Nowhere to Hide: An Overview of the New York LLC Corporate Transparency Act and Its Disclosure Requirements
Key Takeaways From the 30th Annual CREFC Conference in Miami
Recent Transactions
Year's End Perspectives
December 15, 2023
In This Issue ...
Slips Happen – A Reminder on the Importance of Defining Terms
High Court Ruled That Lender Suffered No Loss Despite Negligent Valuation of Security
Recent Transactions
Happy Holidays!
The Leaves Are Changing But Is the Market?
October 27, 2023
Wire You Foreclosing?
Building Safety Act 2022: Key Provisions for Property Owners
Recent Transactions
Changing Seasons, Changing Perspectives
September 29, 2023
Miscellaneous Provisions: Least Important or Most Important
Hargreaves Property: What Does the Latest Decision Mean for UK Withholding Tax?
Recent Transactions
Summer's Last Hurrah
August 31, 2023
Gimme Shelter: But Cash Only, Please
Building Safety Act 2022: What Lenders Need to Know
Loans Are Not Securities
Four-Part Series: How to Prepare for a Real Estate Enforcement in Europe
August 1, 2023
How to Prepare for a Real Estate Enforcement in Europe, Part 1
How to Prepare for a Real Estate Enforcement in Europe, Part 2 – The Importance of Valuation in Enforcements
How to Prepare for a Real Estate Enforcement in Europe, Part 3 – Implementation (or Getting the Deal Done!)
How to Prepare for a Real Estate Enforcement in Europe, Part 4 – Challenges
Four-Part Series: National Security and Investment Act 2021
August 1, 2023
National Security and Investment Act 2021, Part 1 – Background and Key Features
National Security and Investment Act 2021, Part 2 – Notification and Intervention Provisions
National Security and Investment Act 2021, Part 3 – Sanctions for Non-Compliance
National Security and Investment Act 2021, Part 4 – Impact on the Real Estate Finance Market
Markets Heating Up in the Dog Days of Summer
July 31, 2023
A Primer on New York’s One Action Rule
Banking Agencies Finalize Interagency Policy Statement on CRE Loan Workouts
How to Prepare for a Real Estate Enforcement in Europe, Part 4 – Challenges
National Security and Investment Act 2021, Part 4 – Impact on the Real Estate Finance Market
Recent Transactions
Set for Summer?
June 29, 2023
Forbearance Agreements: I Can’t Help You With Your Troubles If You Won’t Help With Mine
New EPC Regulations: What You Need to Know
How to Prepare for a Real Estate Enforcement in Europe, Part 3 – Implementation (or Getting the Deal Done!)
National Security and Investment Act 2021, Part 3 – Sanctions for Non-Compliance
Chris Dickson and Molly Lovedale Named ALM Southeastern Award Winners
The Start of Summer
May 31, 2023
We Can Work It Out: The Need for Pre-Negotiation Agreements
New 8th Edition CLLS Certificate of Title: What You Need to Know
How to Prepare for a Real Estate Enforcement in Europe, Part 2 – The Importance of Valuation in Enforcements
National Security and Investment Act 2021, Part 2 – Notification and Intervention Provisions
Molly Lovedale Named to Charlotte Business Journal's ‘40 Under 40’ List
Exploring UK Regulatory Reform Amid Global Bank Failures
LMA Publishes Model Provisions for Sustainability-Linked Loans
Recent Transactions
Where Things Stand
April 30, 2023
A Transitional Period
Gimme Shelter: New York Local Law 18
No Need to Pretend – Just Extend – if Borrowers Ask to Delay Repayment
How to Prepare for a Real Estate Enforcement in Europe, Part 1
National Security and Investment Act 2021, Part 1 – Background and Key Features
LMA Senior/Mezzanine Facility Drafting Guide and LMA Intercreditor Agreements for Real Estate Finance Transactions – Updates Published
Welcoming Our New Partners: Smridhi Gulati and Ryan McNaughton
Recent Transactions
Keep Calm and Carry On
March 31, 2023
Market Disruption
UK Budget 2023 – Key Tax Measures Impacting Real Estate
UK Budget 2023 – Sovereign Wealth Funds Not Subject to Corporation Tax
Basel 3.1 – Implications for the Real Estate Finance Market
It’s Time for a New Damages Calculation: SDNY Bankruptcy Court Applies the Time Approach to Limit Damages in Lease Terminations
Strafford Webinar on ‘Special Purpose Entities in Real Estate Transactions: Structuring and Documentation’
Steven Herman and William Lo Named Real Estate Thought Leaders
Recent Transactions
REF News and Views Alert: SVB/Signature Receiverships
March 13, 2023
Key Impacts of SVB/Signature Receiverships on Real Estate Finance Transactions
Spring's Coming
February 28, 2023
FinCEN’s Final Rule for Beneficial Ownership Reporting Requirements – You Can Run But You Can’t Hide
Hedging in UK Real Estate Finance Transactions - Part 2
Biden-Harris Administration Issues White Paper Addressing Tenants’ Rights
Recent Transactions
What Comes Next?
January 31, 2023
A Tumultuous 2022 for CRE and What Comes Next
Breaking Up Is Hard to Do: Partition and Possible Land Mines (or What to ‘Mind’) for Lenders and Tenants-in-Common
Title (Coverage) Not Available
Hedging in UK Real Estate Finance Transactions - Part 1
Cadwalader Named a ‘Hospitality Group of the Year’ by Law360
Recent Transactions
November Already?
October 31, 2022
Should I Stay or Should I Go: Second Circuit Holds That Mortgagee Violated Automatic Stay by Foreclosing on Property Where Bankrupt Tenant Was a Named Defendant
Interest Rate Hedging in Volatile Markets
Bonnie Neuman and Holly Chamberlain Named Law360 MVPs; London RE Team Recognized
Recent Transactions
Turning to Fall
September 29, 2022
‘You Can’t Always Get What You Want’ – Exercising an Option
Sustainability-Linked Loans Series, Part 5 – Application of Sustainability-Linked Loans Principles to Real Estate Finance Transactions
Second Circuit Rules in Favor of Citibank in Accidental $500m Transfer in Revlon Loan Transaction
Recent Transactions
Action Required
August 30, 2022
Local Law 97 Compliance Deadline Looming: ‘One Way or Another – This Darkness Got to Give’
Economic Crime (Transparency and Enforcement) Act 2022 – Register of Entities
Sustainability-Linked Loans Series, Part 4 – SLLP Core Components in Detail (Continued)
The Future of the CRE Market
Tax Provisions in the Inflation Reduction Act of 2022
Recent Transactions
What's the Use (Clause)?
July 28, 2022
Use Clauses and Sublet Provisions in Ground Leases
Sustainability-Linked Loans Series, Part 3 – The SLLP Core Components in Detail
Recent Transactions
ABCD ... ROFR and SLL
June 30, 2022
The Strengths of Rights of First Refusal
Sustainability-Linked Loans Series, Part 2 – The Sustainability-Linked Loans Principles
Recent Transactions
That's 'Interest'ing
May 31, 2022
A Primer on Interest Rate Caps
Sustainability-Linked Loans Series, Part 1 – Introduction to Sustainability-Linked Loans
Lombard v Skyjets: Key Takeaways for Lenders and Restructuring Professionals
Recent Transactions
Alterations Provisions
April 28, 2022
Alterations Provisions in Loan Documents
Further Developments in Mezzanine Foreclosures
Green Loans Series, Part 3 – Green Loan Principles in Real Estate Finance
Recent Transactions
No Celebrations
March 31, 2022
Resilience in the Face of Humbled Concern
Understanding Future Advance Conditions
Navigating the Latest on Russia Sanctions – A Perspective from European Real Estate Financing
Green Loans Series, Part 2 – The Four Core Components of the Green Loan Principles
Recent Transactions
Going Green
February 28, 2022
Further Developments in Mezzanine Foreclosures
Green Loans Series, Part 1 – Green Loans and the Green Loan Principles
Law360 Practice Group of the Year: Hospitality
Cadwalader Shortlisted in Real Estate Capital USA Inaugural Awards
Recent Transactions
The ESG Factor
January 31, 2022
2022 and Beyond – The Rise of ESG in the UK and Europe
One of These Things Is Not Like the Other: New York State Court Upholds Commercial Reasonableness of Mezzanine Sale
Recent Transactions
Turning to '22
December 30, 2021
Looking Back, Looking Ahead: A U.S. Perspective
The Way Forward: A European Perspective
Congratulations
Steven Herman and Eunji Jo Named Real Estate Thought Leaders
Recent Transactions
Closing the Books
November 30, 2021
You Win Some, You Lose Some: The Second Circuit Affirms Dismissal of Landlords’ Free Speech Challenge to Harassment Laws and Reverses Dismissal of Landlords’ Contract Clause Challenge to Guaranty Law
The UK's Autumn Budget 2021: Implications for Real Estate
Recent Transactions
Real Estate Reserves
October 28, 2021
Basics of Reserves
Limited Recourse Finance Series, Part 4: Other Common Issues in Limited Recourse Structures
Recent Transactions
Bring On Q4
September 29, 2021
Do I Recognize You (Preferred Equity)?
COVID-19 Update: New York Governor Signs New Moratorium Effective until January 15, 2022
Limited Recourse Finance Series, Part 3: Security Package and Considerations
Recent Transactions
See You in September
August 30, 2021
U.S. Supreme Court Holds That CDC Exceeded Its Authority in Issuing Eviction Moratorium
Mean What You Say, Say What You Mean: Tenant Estoppels Do Work
Limited Recourse Finance Series, Part 2: Structural Features
There Was No 'Gap' in the Lease Language: COVID Is Not a Casualty
Substantive Consolidation and Non-consolidation Opinions
Recent Transactions
Summer Reading
July 30, 2021
Note Prevails over Mortgage in the Event of a Conflict
Limited Recourse Financing Series: The Need for Limited Recourse Structures
COVID-19 Update: Supreme Court Denies Request to Lift CDC’s Eviction Moratorium
Recent Transactions
The New Normal?
June 30, 2021
Coming Back
Make Me a Right of Refusal I Can't Refuse
Negative Pledges in Commercial Real Estate Financings – Why Do We Need Them?
The Importance of Springing Members
Cadwalader Advises on Major Real Estate Finance Transactions
Recent Transactions
Summer's Coming
May 27, 2021 | Issue No. 24
One Way Out: New York’s One-Action Rule
A Further Blow to the Landlords? The Virgin Active Case and the New Restructuring Plan Regime
COVID-19 Update: Governor Cuomo Extends Eviction and Foreclosure Moratorium until August 31
COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories Asserted by Retail Tenant
Recent Transactions
Something Special
April 29, 2021 | Issue No. 23
What’s So Special about Special Purpose Entities?
Don’t Be Cruel: Appellate Division Upholds Waiver of Fiduciary Duties But Denies Motion to Dismiss Claim for Breach of Good Faith and Fair Dealing
Insurance Broker Letters in Commercial Real Estate Financings: Why Do We Need Them?
Recent Transactions
Springing Forward
March 30, 2021 | Issue No. 22
Making Sure the Ground Tenant Builds
LIBOR Update
COVID-19 Update: Federal Eviction Moratorium Struck Down
COVID-19 Update: Governor Cuomo Extends Eviction Protections for Small Businesses That Demonstrate a Financial Hardship
Recent Transactions
The Changes Continue
February 25, 2021 | Issue No. 21
Ch-Ch-Ch-Changes: NY Commercial Landlords’ Duty to Mitigate
Brexit Update – Changes to Loan Documentation
New York Assembly-Sponsored Legislation Proposes New Tax on Mezzanine Debt and Preferred Equity
Upcoming Webinar: Defeasance in Real Estate Finance: Process and Timing, Prepayment and Lockout Provisions
Recent Transactions
Bouncing Back
January 28, 2021 | Issue No. 20
Congratulations to Bonnie Neuman
(Don’t) Stand By Me: NY Court of Appeals Judge Unravels Confusion Surrounding Doctrine of Standing in Residential Foreclosure Actions
You Can Run But You Can’t Hide: The Corporate Transparency Act
COVID-19 Update: Governor Cuomo Extends Residential Eviction and Foreclosure Moratorium
COVID-19 Update: Can’t Lose What You Never Had: New York State Court Rejects Argument That a Pledge of the Equity Interests in an Entity That Owns Real Property Requires Foreclosure under RPAPL Article 13
English Courts Consider Material Adverse Effect Clause Invoked by the Effects of the COVID-19 Pandemic
Recent Transactions
Turning the Page
December 21, 2020 | Issue No. 19
Welcoming 2021
Take Another B-Piece of My Heart, Now Baby
Don’t Lend No Hand to Raise No Flag Atop No Ship of Fools: Breach of SPE Provisions by Non-Borrower Exposes Non-Borrower to Potential Tort Liability
Hotel Financing Series, Part 6: Cash Control
Recent Transactions
Don't 'Fall Back' on LIBOR
November 30, 2020 | Issue No. 18
LIBOR Remediation Raises Lien Priority and Title Insurance Questions
LawWise Podcast: A Closer Look at Real Estate Workouts and Restructurings, Part 2
Hotel Financing Series, Part 5: Hotel Management Arrangements and Related Issues
Recent Transactions
Talking About Workouts and Restructurings
October 28, 2020 | Issue No. 17
LawWise Podcast: Real Estate Workouts and Restructurings
CFIUS Basics for Real Estate Lenders
The Only Guarantee in Life Is That There Are No Guarantees
Executive Order Extending Moratorium on Commercial Evictions until January 1, 2021
Hotel Financing Series, Part 4: Deciphering the Pitfalls in Dealing with Franchise and Non-Disturbance Agreements
Bill Ackman Keynote, Real Estate Panels at Fifth Annual (Virtual) Finance Forum on November 12
Recent Transactions
Heading into Q4
September 30, 2020 | Issue No. 16
New York State Legislature Considering Imposition of Mortgage Recording Tax on Mezzanine Loans and Preferred Equity
Hotel Financing Series, Part 3: Use of OpCo/PropCo Structures
COVID-19 Update: CDC Order Temporarily Halts Residential Evictions Nationwide until December 31, 2020
Virtual 5th Annual Finance Forum Set for November 12
Recent Transactions
The Changing Landscape
August 31, 2020 | Issue No. 15
The Commercial Real Estate Landscape in the Post-COVID World
Hotel Financing Series, Part 2: Covenants
What is 'Physical Loss'? Court Opens the Door for Policy Holders
COVID-19 Update: Governor Cuomo Extends Tenant Protections, Including Eviction and Foreclosure Moratorium
New York State Supreme Court Temporarily Halts UCC Foreclosure of Mezzanine Loan
Some Thoughts on Late Charges and Default Rate Interest
Taking Notice
Recent Transactions
Accepting the Challenge
July 30, 2020 | Issue No. 14
Social Distancing for Distressed Loan Negotiations: The Role of Reservation of Rights Letters
Hotel Financing Series, Part 1: How a Hotel Loan Differs from Other Real Estate Loans
DRANO Revisited: Further Updates on the Doctrine of Clogging the Equity of Redemption
COVID-19 Update: Draft Legislation Sparks HOPE of a New Commercial Real Estate Preferred Equity Facility by the Department of Treasury
COVID-19 Update: Controversial Rent and Mortgage Payment Relief Bill Introduced
COVID-19 Update: Oregon Law Prohibits Foreclosures During COVID Emergency
Avoiding Title Insurance Pitfalls in Portfolio Transactions
Continuing Considerations
June 30, 2020 | Issue No. 13
MAEbe So, MAEbe Not
COVID-19 Update: Three Months into Lockdown
COVID-19 Update: Ban on Forfeiture, and Government Issues Best Practice Guidelines for the Industry
Securitizing Loans with Future Advance Obligations
Recent Transactions
The Beat Goes On
May 26, 2020 | Issue No. 12
The Basics of Interest Rate Protection
Disposal of Assets to Discharge Debt Ahead of Enforcement by Receivership
COVID-19 Update: Governor Cuomo Extends Eviction and Foreclosure Moratorium and Allows Tenants to Apply Security Deposits to the Payment of Rent
Beware of Pushing the 'Defeasance Button' Too Soon
Recent Transactions
What Now?
April 27, 2020 | Issue No. 11
Empty Rooms — COVID-19's Impact on the Hospitality Industry
COVID-19 Update: Banking Agencies Issue Temporary Deferral of Appraisals and Evaluations for Real Estate Transactions
COVID-19 Update: Temporary Ban on Eviction of Commercial Leases
COVID-19 Update: Revisiting Pre-Negotiation Agreements in the Era of COVID-19
A Closer Look at REMICs at the Time of COVID-19
Hey, Ground Lessor, I’ve Got a Mortgage: The Significance of Proper Notice
In Light of COVID-19 ...
March 29, 2020 | Issue No. 10
We're Here to Help
COVID-19 Update: Immediate Considerations
COVID-19 Update: Recording Issues and Title Insurance
COVID-19 Update: Thoughts on Force Majeure and Impossibility of Performance
When Should a Guarantor’s Liability Terminate under a Carry Guaranty?
Issues to Consider When a Revocable Trust Is a Guarantor
Updates, Changes and Cautions
February 25, 2020 | Issue No. 9
Negotiating Lender Approval Rights over Service Agreements for Hospitality and Other Properties
Update on New EB-5 Regulations
Email Footers: Proceed with Caution
Real Estate Finance Associates
Recent Transactions
Real Estate Events
The LIBOR Transition Challenge and More
January 28, 2020 | Issue No. 8
Some Thoughts on Lockouts and Default Prepayment
Don't Lose It over a Lost Promissory Note
LIBOR Transition Study by Cadwalader and Sia Partners
LIBOR Transition to Alternative Rates — Tax Treatment under Proposed Regulations
Recent Matters
Real Estate Events
Looking Ahead
December 19, 2019 | Issue No. 7
Welcoming 2020
Looking for Limits: The Negotiation of Environmental Indemnity Agreements
The Benefits of Opco/Propco Financing
Now's Not the Time for Secrets: Evaluating Confidentiality Provisions in Your Leases
Congratulations!
A Focus on Finance
November 22, 2019 | Issue No. 6
Governmental Considerations Attendant to a Mezzanine Loan Foreclosure
Property Insurance in Real Estate Finance Transactions
Exposure and Remedies under Completion Guaranties
Recent Matters
A Tilt of the Globe
October 28, 2019 | Issue No. 5
Outlook on Foreign Investment in U.S. Commercial
Real Estate
Private Placements as an Alternative Financing Tool in the European Real Estate Market
What the New 'Mansion' Tax Increase Means for New York’s Residential Real Estate Market
Recent Matters
Logical Logistics and More
September 27, 2019 | Issue No. 4
Logistics as the Logical Commercial Real Estate Investment
Modifications of Loan Documentation
CVA and Its Prominence in Restructuring the Retail Sector
Designating an Agent for Service of Process
Real Estate Finance a Key Focus of 4th Annual Finance Forum on October 17
Limitations and LTVs
August 26, 2019 | Issue No. 3
New Limitations on Cooperative and Condominium Conversions
The ‘Range’ When Valuing for LTV Covenants
Things to Consider When Your Guarantor Is a Fund
Save the Date: Finance Forum 2019
A Closer Look at EU Loan Syndication, U.S. Financing Trends and CMBS
July 29, 2019 | Issue No. 2
Inside this Issue
Current Trends and Issues Arising in U.S. Real Estate Transactions: Several Versus Joint and Several Liability of Guarantors
Europe Economics
Publishes Competition Report on EU Loan Syndication
Loan-to-Value Tests in U.S. Real Estate Finance Transactions
A Tale of Two Continents -- European CMBS v U.S. CMBS & CRE CLOs
Cadwalader Tops CMBS Tables for 19th Straight Year
Real Estate Events
Introducing REF News and Views
June 24, 2019 | Issue No. 1
Welcome and Introduction from the Global Head of Real Estate
Current Trends and Issues Arising in U.S. Real Estate Transactions
Market Views: Are U.S. Deal Terms Filtering into the European Real Estate Market?
Changes to the UK’s Regime for Taxing Gains on Real Estate: Does This Affect Your Real Estate Fund?
The New CGT Regime: What Is the Impact for Lenders and Borrower/Sponsors?
Real Estate Events
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