Real Estate Report


The Real Estate Report, produced by our Real Estate lawyers, covers important commercial real estate trends and developments.

Issue 2

Letters of Intent
Letters of Intent: Setting the Stage for Negotiations and Creating an Effective Agreement
When negotiating a complex business transaction, how often do you find yourself asking, “What does the term sheet say?” And of those times, how frequently is the answer the opposite of what was intended? Too often a client will execute a letter of intent (LOI) to quickly commence a formal negotiation process without accounting for all of its ramifications or repercussions. Read more >>
Empty Office
Demand for Short-Term Commercial Leases: Challenges for Landlords and Lenders
Startups and early stage companies want—and demand—short-term space leases. Many mature companies also specify shorter term leases for some of their operations in order to maximize flexibility and prepare for uncertain economic times. Read more >>
Game Risk
Recharacterization Risks: Avoiding the Pitfalls
From time to time, particularly when the economy hits a rough patch and bankruptcies and foreclosures are frequent, clients and their lawyers are disappointed when carefully structured transactions are disregarded by a court or found to be an entirely different type of transaction—with results that can range from unpleasant to disaster. This article discusses areas where recharacterization risks are significant and highlights ways to avoid these risks. Read more >>
Hand Holding Keys
Understanding Leverage in Lease Negotiations
Leverage. When it comes to negotiating a lease, leverage is one of the key differences between a 5,000-square-foot tenant and a 100,000-square-foot tenant. Landlord lease forms are generally the same regardless of the size of the future tenant. But, when it comes down to the landlord’s willingness to negotiate away from the form, leverage is a critical factor. Read more >>

Issue 1

Navigating CIFUS
Navigating CFIUS Review: National Security Restrictions on Foreign Ownership of US Real Estate
Foreign investors looking to take advantage of the US real estate market should understand the role of the Committee on Foreign Investment in the United States and seek counsel early in the transaction process to assess the risks and benefits of submitting the investment for CFIUS review. Read more >>
Not Dead Yet
Not Dead Yet: Adapting to the Changing Landscape of Retail Leasing
Ecommerce has forever changed the construct of retail leasing, but brick-and-mortar retail is not dead as consumers from every age group are embracing the concept of urban “live, work, play” environments. Adapting to this changing market is critical for both landlords and tenants. Read more >>
Proceed with caution
Proceed with Caution: California’s One-Action Rule
When recovering a debt or enforcing any other right secured by a mortgage or deed of trust upon California real property, lenders need to be mindful of the pitfalls of the state’s One-Action Rule. Read more >>
Listing Agreements
Listing Agreements: Basics and Key Negotiating Points
For enterprises that own land but are not in the real estate business, a listing agreement is often a matter of first impression for a company looking to sell its real property. Here are some key items sellers should negotiate before signing a listing agreement. Read more >>

The Real Estate team at Morgan Lewis handles transactions of all sizes and degrees of complexity for a wide range of clients, including developers, corporate end-users, real estate investment trusts (REITs), private equity and pension funds, institutional lenders, advisers, servicers, and colleges and universities. We advise clients on land assemblage, ownership, use, and development; leasing; dispositions; financings, including global investments; workouts; restructurings; and real property tax matters.