Real Estate

  • Shearman & Sterling Partner Lisa Brill Writes Article on Preferred Equity

    31 Oct 2017

    Partner Lisa Brill (New York-Real Estate) authored an article titled “The (Re)Emergence of Preferred Equity” that was published in the October 23, 2017 issue of Real Estate Finance & Investment.  In this article, Lisa identifies the differences between mezzanine financings and preferred equity investments – in particular how a typical mezzanine lender may want to approach a preferred equity investment - what you can get as a preferred equity investor to put yourself in a position as close to that enjoyed by a mezzanine lender as possible and additional considerations for investors as they navigate the world of preferred equity investing.

  • John Reiss Authors Article on Advisers Act Registration for Real Estate Managers

    1 Sep 2017

    Counsel John Reiss (New York-Investment Funds) authored an article titled “When Real Estate Investing Involves Securities: An Overview of Advisers Act Registration Obligations for Real Estate Fund Managers,” which was published in the September 2017 issue of The Investment Lawyer. In this article, Reiss provides an overview of the analysis to be conducted in determining whether a real estate fund manager is subject to registration requirements and other compliance obligations under the Investment Advisers Act of 1940, as amended.

  • Financing Hotels in the United States: Key Considerations

    29 Jun 2017

    Hotels differ from other types of stabilized properties in several major ways. The purpose of this article is to highlight how the distinguishing factors impact the way that owners and lenders approach the negotiation of key elements of hotel financings in the United States.

  • Transacting Business During a Corruption Investigation

    11 May 2017

    In recent years, government authorities have ever more rigorously pursued corruption. The number and magnitude of recent corruption investigations, particularly in Latin America, have raised questions about the implications for those doing business with entities ensnared in these investigations.

  • Hague Securities Convention to Enter Into Effect in the United States

    23 Mar 2017
    On April 1, 2017, the Hague Securities Convention — or by its actual name, the Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary — will enter into effect in the United States. The Convention changes existing US State law relating to the choice of law governing certain contracts pertaining to securities held with an intermediary in a securities account. It does not change any substantive law. As a result, both new and existing secured transactions and conveyances involving securities held with an intermediary in a securities account should be scrutinized to be sure that the parties’ intentions are reflected, taking into account the changes wrought by the Convention.
  • How the Trump Presidency May Affect Commercial Real Estate Investment in Mexico

    Winter 2017
    As the United States’ neighbor and second-largest trading partner, no country has followed President Trump’s rhetoric quite like Mexico. While sometimes it seems that even soothsayers cannot predict what the President will say or do next, below we summarize several themes that may impact the commercial real estate markets, Mexican REITs (FIBRAs) and cross-border commercial real estate investment from the United States to Mexico.
  • Multimedia Series: Montgomery On the Impact of EU Bail-In Provisions

    8 Mar 2017
    In this three-part video and podcast series, partner Malcolm Montgomery looks at the impact of the EU Bail-In. He discusses the general provisions, what banks should keep in mind in regard to their liabilities and treatment of existing contracts, and how US law governed-agreements with EU banks are affected.
  • Salinger Authors Article, “A Carbon Tax Plan Proposal: What Are Its Prospects?”

    22 Feb 2017

    Counsel Jeff Salinger (New York-Environmental) wrote an article for the February 21, 2017 issue of the New York Law Journal titled, “A Carbon Tax Plan Proposal: What Are Its Prospects?” In this article, Salinger discusses the recently proposed concession on climate change policy―a carbon tax, offset by a payout to individuals and families, in exchange for a rollback of other regulations on industry, as well as probable opposition by the Trump administration.  

  • Strauss Authors Article, ‘Using a Preferred Mortgage Structure for Cash-Out Refinancings’

    1 Feb 2017
    Counsel Peter A. Strauss (Real Estate-New York) wrote an article for the February 2017 issue of Real Estate Finance & Investment titled, “Using a Preferred Mortgage Structure for Cash-Out Refinancings.” In this article, Strauss discusses a non-conventional way to structure a “cash-out” refinancing that will allow savings on title premiums in New York State.
  • How Trump’s Presidency Could Impact the Commercial Real Estate Market

    6 Dec 2016

    Many economists believe that the Donald Trump presidency will bring with it an era of higher interest rates, inflationary policies, tax cuts and infrastructure spending. Such an environment would have mixed consequences for the US commercial real estate market, affecting Real Estate Investment Trusts (REITs), international investment, commercial lending and a diverse array of other areas in a myriad of ways. We summarize below several themes that may impact real estate investment and finance in the United States during the early years of the Trump presidency.


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