Today the hosts of “Terra Firma: Conversations on Commercial Real Estate,” discuss how the proposed reclassification (or “rescheduling”) of cannabis may impact cannabis businesses and their real estate holdings, especially with respect to financing and leasing.

Real estate attorneys Stacey Tyler (who also serves as deputy chair of Lowenstein’s Cannabis Practice) and Stephen Tanico discuss how the current classification of cannabis as a Schedule I drug under the Controlled Substances Act has led to a patchwork of laws across the country governing cannabis, and how the recent proposal to reclassify it down to Schedule III may impact different facets of the real estate world including the bargaining power of tenants in lease negotiations, licensing procedures, insurance, and the availability of mainstream financing sources.

Speakers:

Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis Practice
Stephen Tanico, Counsel, Real Estate

In this episode of “Terra Firma: Conversations on Commercial Real Estate,” hosts Stacey C. Tyler and Stephen Tanico discuss the evolution of New York City retail leasing with their guest Julia E. Sanabria, partner in the firm’s Real Estate practice. They delve into how the retail market has changed post-COVID, focusing on the rise of experiential retail and the resilience of the restaurant industry. The conversation also explores the negotiation dynamics between landlords and tenants, emphasizing the importance of understanding market-specific provisions, especially for first-time tenants entering the New York City market.

Speakers:

Julia E. Sanabria, Partner, Real Estate
Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis Practice
Stephen Tanico, Counsel, Real Estate

Today on Terra Firma: Conversations on Commercial Real Estate, hosts Stacey Tyler and Stephen Tanico are joined by Lowenstein Trusts & Estates partner and fellow podcaster Warren Racusin to discuss real estate in the context of estate planning. While there are a number of important considerations in this area, this episode focuses primarily on estate taxes and governance. The lawyers discuss some of the ways to reduce one’s estate tax burden, including gifting of real estate assets, establishing trusts, and the use of life insurance as a source of liquidity, as well as governance concerns associated with real property ownership and management over the long term.

Speakers:

Warren K. Racusin, Partner and Chair, Trusts & Estates
Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis Practice
Stephen Tanico, Counsel, Real Estate

Today on “Terra Firma: Conversations on Commercial Real Estate,” Stephen Tanico and Stacey C. Tyler discuss one of the most important due diligence tools for real property: title insurance. In addition to addressing why investors purchase title insurance at all, they also explore the title insurance company’s role, what its research entails, and in what scenarios title insurance may come into play. 

Speakers:

Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis Practice
Stephen Tanico, Counsel, Real Estate

In this episode of Terra Firma: Conversations on Commercial Real Estate, hosts Stacey Tyler and Stephen Tanico of Lowenstein Sandler’s Real Estate practice are joined by Eric Jesse, a partner in the firm’s Insurance Recovery practice, to discuss representations and warranties insurance, or RWI, within the context of real estate transactions. The hosts and guest discuss the benefits of having RWI, who pays, and how premiums are formulated, plus the impact of market conditions on these arrangements.

Speakers:

Eric Jesse, Partner, Insurance Recovery
Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis Practice
Stephen Tanico, Counsel, Real Estate

Jonathan Wishnia, Chair of the Mortgage & Structured Finance practice at Lowenstein Sandler, and real estate investor, talks with Lowenstein commercial real estate lawyers Stacey Tyler and Stephen Tanico on today’s episode of “Terra Firma: Conversations on Commercial Real Estate,” about what he is seeing in the current market in terms of financing and deal flow. Wishnia discusses the relationship between interest rates and pooled mortgage loans, prepayments, and defaults and how he draws upon on his personal experience as both a lawyer and a real estate investor to assess risk, delegate property management, and scrutinize real estate marketing.

Speakers:

Jonathan Wishnia, Partner, Chair, Mortgage & Structured Finance Practice
Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis Practice
Stephen Tanico, Associate, Real Estate

On this episode of Terra Firma: Conversations on Commercial Real Estate, attorneys Stacey Tyler and Stephen Tanico discuss the intersection of insurance and real estate law with Lynda A. Bennett, chair of Lowenstein's Insurance Recovery Group, exploring some of the critical insurance issues that every landlord or tenant should consider before entering into a lease. They warn against clauses that are either too simple (“The usual and customary insurance will be put in place”) or too complicated. They emphasize the importance of having a broker who really understands your business and of fully understanding the scope of your insurance coverage; they also explain the definitions and differences of terms like ‘additional insured’ vs. ‘loss payee,’ or ‘umbrella’ policy vs. ‘individual’ policy. 

Speakers:

Lynda A. Bennett, Partner and Chair, Insurance Recovery
Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis Practice
Stephen Tanico, Associate, Real Estate

Today on Terra Firma: Conversations on Commercial Real Estate, hosts Stacey Tyler and Stephen Tanico speak with Kim Lomot, partner in Lowenstein’s Real Estate practice, about the current environment for real estate financing, where banks are tightening their underwriting standards and the cost of capital is through the roof. Lomot explains how certain asset classes are having an especially hard time securing financing, and how borrowers must start the process early in order to get in front of certain challenges. 

Speakers:

Kimberly E. Lomot, Partner, Real Estate
Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis Practice
Stephen Tanico, Associate, Real Estate