EPA Broadens Protections of Tenants in Brownfields

Much thanks to Stephen E. O’Day, Andy Thompson and Phillip Hoover at the law firm of Smith, Gambrell & Russell, LLP for bringing this new EPA Guidance to the light of day. It seems that the EPA has issued a new guidance to broaden protections of tenants even if the site owner does not qualify for protection as a Bona... Read more

'California State Capitol' by Loco Steve from Flickr (CC licensed)

What’s Going on in Sacramento? The Good, Bad and Ugly

They say “what happens in California affects the rest of the country,” but I would add that is both good and bad news. It’s undeniable that California legislation and propositions often serve as a model for other states to adopt or avoid and this show is a review of some of the top legislation affecting California commercial property: Major reform to California’s ADA law (SB 1186), split roll property tax, and AB 5 (Homeless Person’s Bill Of Rights).

Featured guest is Rex Hime, President and CEO of the California Commercial Business Properties Association (CPBA).

Can You Copy the Design of a Building?

Under the category of "you can teach teach old dogs new tricks," Jeff Reichard of the law firm of Nexsen Preut describes the 10 Things that You Should Know about Architectural Copyright law. I didn't even know that such a law existed, but it does. Did you know constructing a substantially similar building, without the permission of the architect, may infringe on the copyright owner's rights? To me, this begs the question... Read more

New ADA Requirements for California Commercial Landlords

Much has been discussed about SB 1186, recently signed into law by Governor Brown of California. The bill had pretty wide bipartisan support and addressed some significant widespread abuse regarding California's enforcement of the Americans with Disabilities Act and the California Unruh Civil Rights Act... Read more

CrowdFunding to Raise Capital for Real Estate Investments is Still Not a Done Deal

Information Regarding the Use of the Crowdfunding Exemption in the JOBS Act “On April 5, 2012, the Jumpstart Our Business Startups (JOBS) Act was signed into law. The Act requires the Commission to adopt rules to implement a new exemption that will allow crowdfunding. Until then, we are reminding issuers that any offers or sales of securities purporting to rely on the crowdfunding exemption would be unlawful under the federal securities laws. Read more

California Courts Take Another Budget Blow – Time for Collaborative Arbitration, Finally?

We have already seen the effect of the existing budget cuts to our court system. Long delays when filing documents, sometimes weeks before you can get conformed copies back, where just 5 years ago and as long as I have been practicing law, you could file your documents and get file stamped copies on the spot. Issuance of Writs and other court orders take weeks, including those for evictions and that is after you have obtained your judgment. Read more