Buchalter: Real Estate Practice Shop Talk

Manny Fishman, Northern California Chair of the Buchalter law firm Real Estate Practice Group discusses recent legislative developments, regulatory trends and the ability of California’s electric grid to meet the demands for electric power with industry experts Tom Arnold, of Gridium, a San Francisco based energy software and consulting firm, and Jon Kendrick, an energy and real estate lawyer at Buchalter, in the first of two podcasts on this topic.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.

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 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.

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.

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. For Questions Contact: Manuel Fishman: 415.227.3504 or MFishman@buchalter.com John Epperson: 415.227.3549 or JEpperson@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.

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. For Questions Contact: Manuel Fishman: 415.227.3504 / MFishman@buchalter.com OR Jonathan August: 415.227.3558 / JAugust@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.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.