Buchalter: Real Estate Practice Shop Talk: Recent Episodes
Manuel Fishman
Join Buchalter Real Estate attorneys as they discuss a broad range of transactional and litigation issues important for commercial property tenants, owners, and building managers.
Join Manny Fishman, the head of Buchalter’ s Northern California real estate group as he speaks with Chris Tallerico, of Ross and Baruzzini, about the recent increase in cyber-attacks on U.S. infrastructure including commercial real estate companies and what every asset and property manager should do now to make sure their real estate portfolio is not subject to easy penetration and malware attack. A timely discussion on taking proactive steps in light of the current political environment and the use of cyberattacks as an offensive component of warfare. Chris Tallerico can be reached at chris.tallerico@rossbar.com.
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com.
Energy usage in commercial buildings, as well as the push toward decarbonization and away from reliance on fossil fuels and natural gas, will be a major focus in 2022 and the years ahead in commercial real estate. Local municipalities and State agencies are now enacting legislation in this area that will significantly impact the operation of commercial buildings. Owners and property managers need to be actively involved in how to implement new regulations and how the costs associated therewith can be addressed in leases ad capital plan budgets.
Join our host Manuel Fishman, along with Tom Arnold, Co-Founder and CEO of Gridium, and Buchalter's energy expert Jonathan Kendrick, as they discuss the significant challenges and risks that owners, developers, and property managers of large commercial buildings face, and what steps they should be taking now to de-emphasize reliance on fossil fuels and natural gas in existing buildings.
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com.
Join Manuel Fishman, a Buchalter shareholder and host of Buchalter's Real Estate podcast channel, as he discusses the changing role of property management in the operation of office buildings, with special guest, Michael Cashion, CBRE senior property manager in San Francisco. With close to 40 years’ experience, Mike’s views on the changes in property management and building operations offers a unique opportunity to cover “lessons learned” and “post-COVID trends”.
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com.
In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New York rejected an attempt by The Gap, Inc. (“Gap”) to avoid paying rent and to terminate its lease based on a variety of legal theories and arising out of the governmental restrictions enacted in response to the pandemic.
Join attorneys Manuel Fishman, Michael Myers, and Jonathan August as they discuss this decision and provide valuable lessons for commercial landlords and tenants as these types of disputes continue to play out in the courts.
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com.
The rollout of new licensed frequencies for the transmission of voice and data – known as 5G, presents opportunity and challenges for commercial properties because of the transmission characteristics of the new spectrum. Building owners and managers need to consider the need for new distribution methods and cabling, including a wireless distribution antenna system (DAS) to carry the signals within their buildings. The capital expense and allocation of costs of needed upgrades needs to be considered. Listen to Buchalter Partner Manny Fishman as he discusses these issues and the impact of cybersecurity on riser management with the Chief Technology Officer for McMillan Electric.
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com.
The Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Act), signed by the President on December 27, 2020, and subsequent guidance from Treasury Department and the Small Business Administration, have modified the Paycheck Protection Program in two significant ways. First, the Act created a new Second Draw Loan category, enabling eligible businesses that had previously gotten a PPP loan to apply for a supplemental PPP loan in amounts that could be as high as $2 million. Second, the Act and the new guidance clarified that certain eligible borrowers who have not previously obtained a PPP loan may seek to obtain such a loan before March 31, 2021. Join Manuel Fishman and Michael Flynn as they discuss the modified requirements for eligibility and forgiveness of these loans, with a focus on their applicability to and usefulness for landlords, tenants and owners, property managers and other stakeholders in the commercial real estate area.
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com.
As the calendar changes to 2021, major California municipalities have taken decisive action in an attempt to ensure that commercial tenants continue to receive eviction protection and rent relief in the wake of the ongoing COVID-19 pandemic. These new policies extend or expand upon previous relief orders enacted by major California cities. San Francisco recently updated its eviction moratorium ordinance with some new protections for landlord and tenants, including a lease termination right for small businesses in San Francisco.
Additionally, after nearly a year into the COVID-19 pandemic, the first decisions with respect to landlord-tenant disputes are now being handed down. These decisions, while immediately limited to the parties involved in each matter, are likely to be viewed by other courts nationwide as important precedents in how to adjudicate landlord-tenant litigation matters which may arise in the future.
Listen as Manny Fishman, Shareholder and Real Estate Practice Chair in Buchalter’s San Francisco office, and Real Estate Associate Jonathan August discuss the recently-passed San Francisco commercial eviction moratorium, provide a comparison to the Los Angeles commercial eviction moratorium ordinances, and provide a summary of the current state of landlord-tenant litigation.
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com.
In this episode of the Real Estate Shop Talk Podcast, Insolvency and Financial Law Senior Counsel, Valerie Bantner Peo and Real Estate Partner, Manuel Fishman discuss the impact of the global pandemic on retail and restaurant businesses and what to expect in the future.
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com
As the COVID-19 pandemic has progressed over the past several months, many building owners, property managers and their tenants have seen their businesses adversely impacted (through lost rent, business interruption or exposure to third party claims), and are evaluating whether they are entitled to coverage under their commercial general liability and property policies, and what steps they should consider going forward for insurance coverages.
Join Manuel Fishman and Bradley Hoff as they take a comprehensive look at and discuss the types of coverages and exclusions policy holders are likely to encounter and how these are likely to come into play in COVID-19 related claims.
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com
As the commercial real estate sector continues to navigate the COVID-19 pandemic, Buchalter attorneys are actively working to provide our clients with information and guidance on re-opening protocols, including how to implement State and local public health guidelines and orders. Join Manuel Fishman and John Epperson on this podcast as they discuss California and San Francisco directives on re-opening office buildings and tenant businesses within office buildings, as well as best practices and precautions that landlords of commercial office buildings should consider as tenants return to the office.
COVID-19 is materially impacting the process of negotiating purchase and sale agreements and closing transactions. Buyers and Sellers need to pay special attention to the logistical disruptions likely to affect the timely satisfaction of closing requirements. Planning for delays and extensions of time to satisfy certain contract contingencies must also be considered. Listen to Buchalter Real Estate attorneys, Manuel Fishman, Lotus Fung, and Jonathan August as they address issues relating to due diligence, tenant estoppels, obtaining permits and land use approvals, notarization and closing mechanics and offer strategies for successfully completing transactions in the current environment.
For Questions Contact:
Manuel Fishman: 415.227.3504 or MFishman@buchalter.com
Jonathan August: 415.227.3558 or JAugust@buchalter.com
Lotus Fung: 415.227.3507 or LFung@buchalter.com
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com.
For Questions Contact:
Manuel Fishman: 415.227.3504 or MFishman@buchalter.com
Jonathan August: 415.227.3558 or JAugust@buchalter.com
Operating expenses are costs incurred by a landlord for the operation, management, maintenance, and repair of commercial properties. Many landlords have incurred, or are anticipating incurring, substantial costs in implementing operational and physical upgrades at their buildings in order to comply with governmental requirements for public health and safety due to COVID-19.
Additionally, the recent removal of the absolute bar on evictions in California designed to help tenants during the initial months of COVID-19 provides a unique challenge to landlords seeking to enforce their remedies.
Listen as Manuel Fishman, Shareholder and Real Estate Practice Chair in Buchalter’s San Francisco office and Buchalter Associate, Jonathan August discuss which increased operating costs may be passed through to tenants, how to pass costs through without incurring liability, and what pitfalls landlords should be aware of when seeking a new eviction action.
Disclaimer: This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No listener should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that listener. For more information, visit www.buchalter.com.