05 Jan, 2021 Commercial landlords: Time to tighten up your lease waivers of liability? By Jeff Brown In Garcia v. D/AQ Corporation, the California Court of Appeal recently upheld an exculpatory clause[1] which spared the landlord from a...
22 Oct, 2020 What real estate parties should consider for letters of intent By Jeff Brown fFrom the authors: Thank you for the overwhelming response this article has received. If you are in-house counsel and would like to...
14 Oct, 2020 Work-out agreements and loan modifications: Put them in writing if the collateral is real property By Thompson Coburn Attorney In a recent decision, the California Court of Appeal held that the statute of frauds precluded an investment borrower from alleging that...
24 Jan, 2019 Rest in peace: ROFRs expire once a tenant becomes a holdover tenant By Jeff Brown In a case of first impression in California, the California Court of Appeal in Smyth v. Berman held that in the absence of specific...