Real Estate

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News
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Lawyers in the firm’s Real Estate Practice Group represent lenders, national and regional banks, opportunity funds and borrowers in connection with real estate financings, construction loans, equity investments, syndicated investments, portfolio and syndicated credit facilities, tax credit transactions and municipal finance.

The firm’s real estate work involves all types of real estate projects—office, hotel, multifamily and industrial. The firm also represents both purchasers and sellers in connection with real estate acquisitions and dispositions, and both landlord and tenants in connection with commercial leases. Real Estate Practice Group clients include national and regional institutions as well as entrepreneurial and middle market clients who rely on the quality and cost-effectiveness of the firm’s legal services.

What We Do

Leasing
- Landlord/Tenant
- Retail, Office, Industrial, Medical, Educational, Specialty Leases in Sustainable/Green Buildings
- Ground Leases
Land Use and Entitlement
- California Environmental Quality Act (CEQA)
- General Plans, Zoning and Use Permits
- Subdivision Maps
- Development Agreements
- Water Law (Ground and Surface)
- Oil & Gas
- Endangered Species
- Wetlands Regulation
- Takings/Condemnations
- Storm Water Management Regulation
Real Estate Finance
- Office, Hotel, Retail, Multifamily, Industrial Specialty
- Agricultural
- Construction
- Project
Securitized Lending
Mezzanine Finance
Tax Credit Investments
- New Markets
- Historic Rehabilitation
- Solar Energy
- Low Income Housing
- Energy Production (biomass and wind energy)
- Transportation
Workouts and Restructuring
- Loan Modifications
- Forbearance Agreements
- Discounted Payoffs
- Deeds In Lieu/Transfer Agreements
- Foreclosures
- Disposition of REO Property
Receiverships
Buchalter Nemer is one of the leading firms in representing Receivers, Provisional Directors and other court appointed neutrals.

For a complete practice description, please click here: Receiverships
Municipal Bond/Tax Exempt Finance
Charter School Finance
Acquisitions and Dispositions
Land Use and Tax Free Like-Kind Exchanges
Real Estate Equity and Fund Investments
Joint Venture Formation
Public/Private Partnerships and Redevelopment
Real Estate Litigation

Our Clients

Financial Institutions
Developers
Institutional Investors

Why Buchalter

Experts in tax-credit driven transactions
Full service real estate practice
Finance, land use, leasing, environmental issues, tax credits

- Landlord’s Guide to Commercial Leasing: Strategies to Protect Your Investment and Enforce Judgments Against Tenants
  
  November 27th, 2024
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- November 26, 2024 By: Joshua Moon If you have ever had to file suit against a non-paying commercial tenant, you know first‑hand collecting a monetary [...]
- Despite Concessions and Record Multifamily Supply, Nashville Inspires Optimism
  
  September 10th, 2024
- By: Bradley G. Siegal “As an avid reader of all things multifamily—and as a recent transplant to the City of Nashville—I have been reading many [...]
- The Future is DAO
  
  August 1st, 2022
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- Kutak Rock Prickly Pear Legal Alerts for the Arizona Business Community August 2022 By: Christina Ribble and London Burns Digital assets, including DAOs—Decentralized Autonomous Organizations—are [...]
- Buchalter COVID-19 Alert: California is Reopening, Will Commercial Evictions Remain on Hold?
  
  May 24th, 2021
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- May 24, 2021 By Jonathan August and Manuel Fishman In early April as the statewide vaccination rate began to rise and major population centers across [...]
- Buchalter COVID-19 Client Alert: DFPI Reminds Debt Collectors about Rental Protections for COVID-19 Rental Debt
  
  April 28th, 2021
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- April 27, 2021 By: Melissa Richards and Jonathan August Acting under its new Debt Collection Licensing Act licensing administration and enforcement authority granted by SB [...]
- Buchalter COVID-19 Client Alert: Mind the Gap: No Rent Relief for The Gap in New York
  
  March 17th, 2021
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- March 17, 2021 By Jonathan August and Michael Myers In one of the latest and most high-profile decisions from across the country relating to commercial [...]
- The Constitutionality of Rent Relief in the Age of COVID: Did the City of San Francisco Go Too Far?
  
  February 17th, 2021
- February 16, 2021 On December 1, 2020, the San Francisco Board of Supervisors enacted an updated eviction and rent relief moratorium (“Ordinance”). This moratorium created [...]
- Buchalter COVID-19 Client Alert: Regional Stay-at-Home Orders Lifted as California Returns to Tiered COVID System; Companies and Landlords Consider Ramifications of Mandatory Vaccine Programs
  
  February 5th, 2021
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- February 5, 2021 By Jonathan August and Manuel Fishman On January 25, the State of California lifted its previously enacted emergency stay-at-home order for all [...]
- Buchalter COVID-19 Client Alert: Congress Incentivizes Rent Deferral During COVID-19 Pandemic Through Bankruptcy Code Amendments in Stimulus Bill
  
  January 8th, 2021
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- January 8, 2021 By Manuel Fishman, Valerie Bantner Peo, and Michael Myers In the recently-passed Consolidated Appropriations Act, 2021 (the “Act”), Congress provided much-needed cover [...]
- Buchalter COVID-19 Client Alert: San Francisco Commercial Eviction Moratorium Update
  
  December 22nd, 2020
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- December 21, 2020 By Jonathan August and Manuel Fishman In an update to our client alert from November 30 regarding the San Francisco commercial eviction [...]
- Buchalter COVID-19 Client Alert: San Francisco Extends Commercial Eviction Moratorium and Provides Repayment Relief for Qualified Small Businesses
  
  November 30th, 2020
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- By: Jonathan August and Manuel Fishman On November 17, 2020, the San Francisco Board of Supervisors unanimously approved an extension to the commercial eviction moratorium [...]
- 2020 Election Results Confirm California’s Cautious Approach to Sweeping Ballot Provisions, While the Bay Area Remains Progressive and Ready to Tax
  
  November 10th, 2020
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- By Manuel Fishman and Jonathan August The 2020 election in California as pertains to national politics was never in doubt, but despite being a deeply [...]
- Buchalter COVID-19 Client Alert: San Francisco Moves to Lowest COVID Tier in California, Begins Process of Reopening Non-Essential Offices; Other Bay Area Counties Slower to Follow
  
  November 2nd, 2020
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- November 2, 2020 By Jonathan August and Manuel Fishman On October 20, 2020, San Francisco County was upgraded to the “minimal” tier within the California [...]
- Buchalter COVID-19 Client Alert: California Extends Local Ability to Enact Commercial Eviction Moratoriums and Questions Abound for Local Governments, Tenants and Landlords
  
  October 5th, 2020
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- October 5, 2020 On September 23, California Governor Gavin Newsom issued an executive order extending the ability of local jurisdictions to enact their own eviction [...]
- Buchalter COVID-19 Client Alert: Guidance in Implementing San Francisco Department of Public Health COVID-19 Health Screening Forms
  
  September 18th, 2020
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- By John Epperson and Manuel Fishman September 18, 2020 San Francisco’s Department of Public Health (“SFDPH”) issued yet-another update to its Shelter-in-Place Order, C19-07, [...]
- Buchalter COVID-19 Client Alert: The Future of California Evictions in the COVID Era: California Judicial Council Votes to End Statewide Eviction Moratorium
  
  September 8th, 2020
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- September 8, 2020 On Thursday, August 13, the California Judicial Council elected to rescind Emergency Rules 1 and 2 related to eviction and foreclosure [...]
- Buchalter COVID-19 Client Alert: Excusing Contractual Performance in Real Estate Agreements in the Age of COVID
  
  July 24th, 2020
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- July 24, 2020 By Jonathan August, Manuel Fishman, Nicole Sahagen Schiff Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the [...]
- Buchalter COVID-19 Client Alert: UPDATE: San Francisco’s Emergency Ordinance on Cleaning Commercial Office Buildings and Hotels Signed by Mayor and Became Effective July 17, 2020
  
  July 23rd, 2020
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- July 23, 2020 By John Epperson The San Francisco Emergency Ordinance on cleaning commercial office buildings larger than 50,000 square feet and tourist hotels was [...]
- Buchalter COVID-19 Client Alert: Bay Area Businesses Face Uncertainty Over Conflicts Between State and Local Reopening Guidelines
  
  July 20th, 2020
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- July 20, 2020 By Jonathan August and Manuel Fishman On July 17, San Francisco Mayor London Breed announced that due to a rapid rise in [...]
- Buchalter COVID-19 Client Alert: San Francisco Supervisors Pass COVID-19 Emergency Ordinance on Cleaning Hotels and Commercial Office Buildings
  
  July 10th, 2020
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- July 10, 2020 By: John Epperson San Francisco’s Board of Supervisors passed an Emergency Ordinance on July 7 entitled “Cleaning and Disease Prevention Standards in [...]
- San Francisco Cannot Impose a Transfer Tax on the Value of an Existing Lease With a Remaining Term of Over 35 Years When the Building is Sold
  
  July 6th, 2020
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- July 6, 2020 A recent opinion, 731 Market Street Owner, LLC v. City and County of San Francisco (Cal. Ct. App., June 18, 2020, No. [...]
- Buchalter COVID-19 Client Alert: San Francisco Continues “Shelter in Place” Order with Limited Expansion of Essential Business Operations
  
  June 16th, 2020
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- June 16, 2020 Since the beginning of the shelter-in-place period on March 16, most office tenants in San Francisco have been deemed non-essential and [...]
- Buchalter COVID-19 Client Alert: San Francisco Announces Plan for Phased Reopening
  
  June 1st, 2020
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- June 1, 2020 On Thursday, May 28, San Francisco Mayor London Breed announced a preliminary timetable for the reopening of San Francisco businesses, restaurants, and [...]
- Buchalter COVID-19 Client Alert: Extension of San Francisco Commercial Tenant Eviction Moratorium and Impact of Proposed California Senate Bill 939
  
  May 20th, 2020
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- May 20, 2020 On May 14, 2020, San Francisco Mayor London Breed issued a second extension of the City’s commercial eviction moratorium and rent deferral [...]
- Buchalter Client Alert COVID-19: Planning for Re-Opening: What Owners, Property Managers and Users of Office and Retail Properties Should Consider
  
  April 28th, 2020
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- April 28, 2020 Now is the time to prepare for when non-essential businesses will be allowed to re-open after the various state and local COVID-19 [...]
- Buchalter Client Alert COVID-19: Judicial Council Enacts COVID-19 Emergency Rules Preventing Unlawful Detainers and Staying Judicial Foreclosure Actions Statewide
  
  April 7th, 2020
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- On Monday, April 6, 2020, in an Emergency Meeting to address issues arising from the COVID-19 Crisis, the Judicial Council enacted emergency rules that protect [...]
- Buchalter Client Alert COVID-19: Bay Area Shelter-in-Place Order and Local Government Status
  
  April 3rd, 2020
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- On March 31, seven Bay Area counties issued stricter shelter-in-place orders and extended their effectiveness to at least May 3 (collectively, the “Orders”). As [...]
- Expert Insight: How Retailers Should Communicate with Landlords Amid COVID-19
  
  April 2nd, 2020
- By: Manuel Fishman “Chain store retailers are a diverse group and cross product lines – food, furniture, apparel, eyewear, entertainment, in line, end cap and [...]
- Buchalter Client Alert COVID-19: California and Selected State, City, and County Moratoria List
  
  March 27th, 2020
- On March 16, 2020, California Governor Gavin Newsom issued an executive order that suspended any portion of state law that would otherwise prevent local municipalities from imposing [...]
- Impact of San Francisco’s Commercial Tenant Eviction Moratorium
  
  March 23rd, 2020
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- Following California Governor Gavin Newsom’s executive order permitting local municipalities to regulate residential and commercial evictions,[1] on March 17, 2020 San Francisco Mayor London Breed [...]
- Buchalter Client Alert: Impact of COVID-19 on Real Estate Transactions
  
  March 16th, 2020
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- March 16, 2020 The world-wide declared pandemic (https://www.cidrap.umn.edu/news-perspective/2020/03/deeply-concerned-who-declares-covid-19-pandemic) is impacting daily life, both personally and professionally. Real estate transactions are being delayed, projections altered and [...]
- Real Estate Update COVID-19 March 9, 2020
  
  March 9th, 2020
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- The real estate sector is seeing COVID-19 related impacts on building owners, developers, landlords, and tenants. For tenants, the principal action item is to discuss [...]
- The Impact the New Prop 65 Warning Regulations on Multi-Family Apartments and Other Prop 65 Updates
  
  June 25th, 2019
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- June 25, 2019 There have been recent developments in the enforcement of the California Safe Drinking Water and Toxic Enforcement Act of 1986 (also known [...]
- Closing the Investment Return Gap in Seattle
  
  February 13th, 2019
- February 13, 2019 Construction workers building new market-rate housing units in Seattle area neighborhoods typically drive 45 minutes to an hour to get to their jobs [...]
- The Impact the New Prop 65 Warning Regulations on Commercial Property Owners
  
  September 18th, 2018
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- By Lotus Fung and Manuel Fishman Introduction The Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”)[i] is an expansive “right to know” [...]
- Proposed San Francisco Assessment District May Affect Buildings You Own or Manage in the Historic “North of Market” Financial District
  
  June 5th, 2018
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- By: Manuel Fishman and Lotus Fung This Client Alert discusses a proposed assessment district which may affect buildings you own or manage in the San [...]
- Ensure Your Investments Are Insured
  
  December 13th, 2016
- December 13, 2016 By: Manuel Fishman The return on investment in real estate is what drives most of us to get up and go to [...]
- Keep Your Exposure to Real Estate Low: Sublease
  
  June 14th, 2016
- By: Manuel Fishman Start-ups are always confronted with how much space to lease and for how long, and whether a landlord is going to approve [...]
- Current Developments In Risk Management For Mortgage Brokers
  
  April 12th, 2016
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- By: John L. Hosack, Esq. and Jason E. Goldstein, Esq.* Whether a mortgage broker is acting as the agent of a borrower in negotiating a [...]
- Litigation Gone Sour: A Failed Landlord Lawsuit
  
  April 7th, 2016
- By: Manuel Fishman Commercial Property Executive, April 7, 2016 A recent published article on a failed landlord lawsuit serves as a good teaching point for [...]
- Stop Notices and Mechanic’s Liens: Construction Lenders’ Nightmares
  
  February 1st, 2016
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- By: John L. Hosack, Esq. and Jason E. Goldstein, Esq. I. Introduction Historically low interest rates have led to the substantial growth in real estate [...]
- How Real Estate Intersects with the On-Demand Economy
  
  October 9th, 2015
- By: Manuel Fishman, Esq. On-demand companies — generally defined as technology driven and product deliverable — are the current disrupter. The companies leverage data analysis [...]
- Warning: Warranties Can Survive Close of Escrow Even When You Think They Won’t
  
  October 1st, 2015
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- By: Nicole Sahagen Schiff and Theodore K. Klaassen As the seller of real property, you might have heard: “Don’t worry, that warranty won’t survive the [...]
- Shopping Centers and Free Speech
  
  August 6th, 2015
- By : Manuel Fishman, Esq. Commercial Property Executive, August 5, 2015 Owners and operators of mixed-use properties, such as lifestyle centers and supermarket-anchored strip centers, [...]
- Stormwater Permitting: July 1, 2015 Registration Deadline Approaches for Industrial Facilities
  
  June 16th, 2015
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- By: Douglas E. Wance, Esq. and Lori Pettegrew, Senior Environmental Specialist Buchalter Nemer Client Alert, June 2015 On July 1, 2015, new and existing [...]
- California Licensing Requirements for Unregulated Lenders and Intermediaries
  
  June 1st, 2015
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- By: Michael Zerman
- California’s Water Woes: A Deeper Look at the Sustainable Groundwater Management Act
  
  May 18th, 2015
- By: Douglas Wance, Esq., Howard Ellman, Esq. and Kimberly Huangfu, Esq. WaterWorld, May Issue, 2015
- Real Estate: An Introduction to Leasing For Start-Ups
  
  April 16th, 2015
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- By: Manuel Fishman, Esq. Buchalter Nemer Tech Industry Bulletin, April 2015 Now that you have decided to rent “real” space and pay rent to a landlord [...]
- Water and Energy – A New Cost Model
  
  April 8th, 2015
- By: Manuel Fishman, Esq. Commercial Property Executive, April 8, 2015 While some parts of the country have experienced one of the most severe winters, in [...]
- Are Your Contracts Set Up for Electronic Signatures?
  
  February 4th, 2015
- By: Manuel Fishman, Esq. Commercial Property Executive, February 4, 2015 There are statutes authorizing the use of electronic signatures in almost all states in the [...]
- Title 24: What the Future of Energy Efficiency Regulations Means for Commercial Landlords and Tenants
  
  December 11th, 2014
- By: Kimberly Huangfu, Esq. and Manny Fishman, Esq. Although the current atmosphere is one of uncertainty as to how Title 24 will be implemented and how [...]
- California’s Water Anxiety Prompts Landmark Groundwater Legislation
  
  December 9th, 2014
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- By: Douglas Wance, Esq., Howard Ellman, Esq. and Kimberly Huangfu, Esq. In an effort to balance depleted groundwater supplies amid record drought conditions, Governor Jerry [...]
- As 2014 Comes to a Close, Start Planning for 2016
  
  November 20th, 2014
- By: Manuel Fishman, Esq. Commercial Property Executive, November 20, 2014 That is not a typo. Your operating and capital budgets for 2015 are in place [...]
- Estoppel Certificates: Achieving Certainty
  
  October 16th, 2014
- By: Manuel Fishman, Esq. Commercial Property Executive, October 15, 2014 In most every acquisition of a commercial property, the prospective buyer (and the prospective buyer’s [...]
- Office Leasing and Airline Reservations
  
  August 20th, 2014
- By: Manuel Fishman, Esq. August 20, 2014 I have been doing a lot of flying recently. So I thought I would address a question I usually [...]
- Prepare for Q4 in the Summer
  
  July 16th, 2014
- By: Manuel Fishman, Esq. July 16, 2014 Typically, there is a lull in commercial real estate transactions during Q3, with summer vacations and other factors [...]
- Is It a Bubble Yet? Reflections on the Current State of CRE
  
  May 21st, 2014
- By: Manuel Fishman, Esq. May 21, 2014 Perhaps because my perch is as a real estate transactional lawyer based in San Francisco, where the rate [...]
- WARNING: Estimates in Letters of Intent Can Come Back to Bite
  
  May 16th, 2014
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- By: Manuel Fishman, Esq.
- Santa Monica Airport Commission’s Proposal to Limit Aircraft Access by Limiting Emissions is Foreclosed by Federal Law
  
  May 6th, 2014
- By: Barbara Lichman, PhD The Santa Monica Airport Commission has recently made a proposal to limit access of certain aircraft to Santa Monica Airport by [...]
- Decision in Pirker Case Invokes Specter of Local Regulation of Unmanned Aircraft Systems
  
  April 21st, 2014
- By: Barbara Lichman, Ph.D. While many members of the growing community of developers, manufacturers and operators of Unmanned Aircraft Systems (“UAS”) have expressed enthusiasm at [...]
- FAA Pushes Back Against Advocates of Unregulated Drone Operations
  
  April 17th, 2014
- By: Barbara Lichman, Ph.D. The Federal Aviation Administration (“FAA”) has appealed a recent National Transportation Safety Board administrative decision, Administrator v. Pirker, NTSB Docket CP-217, [...]
- Appellate Court Grants Wide Discretion to Newhall Land and Farming Project Proponents in the Determination of the Significance of Greenhouse Gas Emissions Under CEQA
  
  March 31st, 2014
- By: Barbara Lichman, Ph.D. The California Court of Appeal last week reversed a lower court decision that would have indefinitely delayed the development by Newhall [...]
- EPA Extends Public Comment Period for “Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units”
  
  March 7th, 2014
- By: Barbara Lichman, Ph.D. On March 6, 2014, the Environmental Protection Agency (“EPA”) announced the 60-day extension of the comment period for the January 8, [...]
- High Court Goes a Second Round with Environmental Protection Agency Over Greenhouse Gas Emission Regulations
  
  February 28th, 2014
- By: Barbara Lichman, Ph.D. On Monday, February 24, the United States Supreme Court watched the Environmental Protection Agency (“EPA”), industry groups and sympathetic states take [...]
- Judge Blocks City of Santa Monica’s Latest Effort to Close the Santa Monica Airport
  
  February 20th, 2014
- By: Barbara Lichman, Ph.D. Predictably, Judge John Walter of the Los Angeles Federal District Court summarily dismissed a lawsuit brought by the City of Santa [...]
- Beware of Estimates in Letters of Intent
  
  February 6th, 2014
- By: Manuel Fishman, Esq. February 6, 2014
- El Paso County Seeks Control Over Colorado Springs Airport
  
  January 27th, 2014
- In an exercise of regulatory zeal, El Paso County, Colorado (“County”) now requires that City owned Colorado Springs Airport (“Airport”) obtain a permit from the [...]
- California Legislators Successful in Obtaining Relief from Helicopter Noise
  
  January 22nd, 2014
- California Legislators Senator Dianne Feinstein and Representative Adam Schiff of Burbank achieved the seemingly impossible in Congress’ January 14 passage of the $1.012 trillion Omnibus [...]
- Rainmaker Q&A: Buchalter’s Manny Fishman
  
  August 29th, 2013
- Interview: Manuel Fishman, Esq. Manuel (“Manny”) Fishman is a shareholder in Buchalter PLC’s San Francisco office. He focuses his practice on representing real estate developers, [...]
- Legal Update: How to Incorporate the New Disability Access Disclosure Requirements in Commercial Leases and What to Consider in Determining Whether to Perform a CASp Inspection
  
  June 1st, 2013
- Byline: Manny Fishman, Esq. Calbar.org Real Property Law Section E-Bulletin
- New EPA Guidance Gives Long-Term Tenants Direct Access to the Bona Fide Prospective Purchaser Defense and Greater Protection from Liability for Historical Contamination
  
  January 1st, 2013
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- By: Jeffrey Kirschenbaum, Esq. Newly issued guidance by the U.S. Environmental Protection Agency (USEPA) suggests that prudent long-term tenants of commercial and industrial properties should [...]
- The Evolution of Smart Growth
  
  October 1st, 2012
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- Byline: Howard Ellman, Esq. In land use planning, as in other fields that respond to developing trends, yesterday’s truth becomes tomorrow’s heresy. Housing and development [...]
- The World is Going Mobile – What About Your Building?
  
  August 15th, 2012
- Byline: Manuel Fishman, Esq. You probably own a “smart phone” and a laptop that has a wireless function that can connect to your company’s network. [...]
- The World is Going Mobile – What About Your Building?
  
  August 1st, 2012
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- Byline: Manuel Fishman, Esq. You probably own a “smart phone” and a laptop that has a wireless function that can connect to your company’s network. [...]
- The Lender-Borrower Tangle: Understanding California and Arizona Anti-Deficiency Legislation
  
  March 2nd, 2012
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- By: Renee Shprecher, Esq. Rising foreclosure rates in the residential real estate market have prompted underwater borrowers to ask about possible foreclosure strategies—most notably, how [...]
- Court Rules to Eliminate California Redevelopment Agencies
  
  January 5th, 2012
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- By: Michael Williamson, Esq. and Amanda Steele, Esq. The Ruling As 2011 drew to a close, the California Supreme Court struck a fatal blow for California’s [...]
- Practice Tip: Shared Appreciation Loans
  
  May 7th, 2011
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- By: Michael Zerman
- California Lenders Should Think Twice Before Exercising Remedies Under a Material Adverse Change Clause
  
  October 7th, 2010
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- By: Michael Zerman
- Lending on Distressed Real Estate Notes: Business and Legal Issues
  
  October 7th, 2010
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- By: Michael Zerman
- New FDIC Guidelines Offer Helpful Hints for Real Estate Workouts
  
  December 7th, 2009
- By: Michael Zerman
- IRS Liberalizes Rules for Restructuring Mortgages Held by REMICS
  
  December 7th, 2009
- By: Michael Zerman
- Don’t Wing It! Practical Safeguards for Effective Mortgage Modifications
  
  June 7th, 2009
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- By: Michael Zerman
- Avoiding a Ground Lease Faux Pas
  
  October 7th, 2004
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- By: Michael Zerman