Articles Tagged with real estate

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The coronavirus pandemic is resulting in a wave of forbearances and workouts. A frequent first step is the pre-negotiation agreement. In “Distressed Real Estate During the Pandemic: The Importance of Pre-Negotiation Agreements for Borrowers and Lenders,” colleague Caroline A. Harcourt addresses that a good PNA should be quickly negotiated but carefully considered, getting both parties to substantive negotiations quickly. A PNA should not alter the status quo. Instead, it should ensure that the parties can share information and freely discuss terms.

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In January, the EU launched itself into the new decade with the unveiling of its Green Deal: an extensive plan of ambitious climate targets and reforms culminating in a carbon neutral Europe by 2050. There have been debates about the details of the plan particularly among the developers of carbon neutral technologies excluded from the plan. However, the emergence of the coronavirus pandemic is threatening to derail the EU’s aspiring climate change project before it’s even begun.

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By executive order, Georgia Governor Kemp issued a statewide 10-day shelter-in-place order, from April 3, 2020, to April 13, 2020. In “Georgia Orders Residents and Visitors to Shelter in Place,” colleagues Amanda G. Halter, Robert A. James and Nicole Steinberg discuss address that other than “critical infrastructure,” other businesses are limited to “minimum basic operations” and restrictions to contain the virus.

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Although the majority of states across the country have issued statewide Shelter-in-Place or Stay-Home orders, Texas has demurred, initially altogether, deferring to counties and cities to use their own executive authorities as they deemed necessary, and then coming along in substance while eschewing the “stay-home order” characterization. In “Texas: State and Local COVID-19 Social Distancing Measures,” colleagues Amanda G. Halter, Julie M. Moeller and Laura E. Jennings how Texas is aiming to protect public health within a large and diverse geography and an independent-minded culture by implementing an evolving patchwork of state and local social distancing orders.

 

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Following declarations of emergency and actions in the counties surrounding Birmingham, the Alabama State Health Officer determined that further social distancing measures are necessary on a statewide basis to prevent the spread of COVID-19. In “Alabama Issues Statewide Stay-at-Home Order,” colleagues Robert A. James, Amanda G. Halter discuss how the The April 3 State Health Officer order combines the state’s definition of essential activities with the federal definition of essential workforce.

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The CARES Act provides $350 billion for small business Paycheck Protection Loans and an additional $10 billion for the existing Economic Injury Disaster Loan program. Colleague David Miller describes the new Paycheck Protection Loan Program and the existing Economic Injury Disaster Loan Program below. These are complex programs, with regulations still being developed by the Small Business Administration.

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Due to the spread of COVID-19, companies are facing unique challenges to their businesses, including supply chain interruptions, employee and customer safety concerns and government regulations, restrictions and shutdowns. In “COVID-19: Understanding Business Interruption Insurance and Wide-Impact Catastrophes,” colleagues Joseph D. Jean, Eric M. Gold, Janine Stanisz, Tamara D. Bruno and Brendan Hogan discuss how policyholders can expect insurers to put forth strong objections to many of their claims in an effort to reduce the liability exposure.

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Temporary environmental enforcement discretion and forbearance policies can provide relief for companies and individuals unable to comply with conditions of their permits due to the impacts of COVID-19 on their workforce and operations. In “Texas Environmental Compliance During the COVID-19 Pandemic,” colleagues Anthony B. Cavender, Sheila McCafferty Harvey, Reza Zarghamee and Amanda G. Halter discuss how environmental agencies are responding with updated compliance and enforcement policies.

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Due diligence and compliance challenges require flexible approaches and creative solutions. In “Practical Tips for Managing Environmental Issues During the Coronavirus Pandemic,” colleagues Sheila McCafferty Harvey and Reza Zarghamee discuss how proactive and creative compliance strategies, and effective strategies to document parties’ efforts to comply with existing obligations, can help hedge against transactional and compliance risks.

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REITs have several options to defer required dividend distributions through the current year and even significantly into next year (although at a potential cost), and the use of combined cash and stock distributions may greatly reduce a REIT’s cash outlay for dividend distributions. In “COVID-19 Impacts on REITs and Mitigation Strategies,” colleagues Robert S. Logan, Brian M. Blum and Peter J. Elias address how REITs need to be sensitive to the consequences of acts taken in response to the COVID-19 pandemic on their compliance with the REIT tests under the tax laws.