Lowenstein Sandler's Terra Firma: Conversations on Commercial Real Estate

Hosted by Lowenstein Sandler LLP

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May 2025

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About the show

Commercial real estate deals can be complex and challenging. But, with the right knowledge and guidance, you can increase your chances of success. That's where Terra Firma: Conversations on Commercial Real Estate comes in. In each episode, hosts Stacey C. Tyler and Stephen Tanico will join industry insiders and thought leaders to explore the many facets of commercial real estate. Tune in to learn strategic ways to manage commercial real estate assets, investments, and developments; the latest market outlook and cyclical trends. Terra Firma is your resource to learn about both the business and law of real estate. Please subscribe and stay up to date with the latest news in commercial real estate.

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21 recent

May 15, 2025Episode 2126 min

How Long is Forever? PFAS Chemicals in Commercial Real Estate

In this episode of "Terra Firma: Conversations on Commercial Real Estate," Kegan A. Brown, partner in Lowenstein's Environmental Law & Litigation group, joins Real Estate partner Kimberly E. Lomot for a discussion on PFAS, and how changing standards for the remediation and cleanup of these "forever chemicals" are impacting commercial real estate transactions. Brown explains the importance in understanding the definition being used for PFAS, which can affect due diligence, reps and warranties, indemnity coverage, and price deductions; he also addresses the evolving litigation landscape surrounding PFAS, including a growing trend towards medical monitoring. Speakers: Kimberly E. Lomot, Partner, Real EstateKegan A. Brown, Partner, Environmental Law & Litigation

March 6, 2025Episode 2025 min

Excuse the Interruption: Is Business Interruption Insurance Worth It?

In this special crossover episode of "Terra Firma: Conversations on Commercial Real Estate" and "Don't Take No for an Answer," Lowenstein's Stacey C. Tyler and Heather Weaver speak with Brad Dubler, Managing Partner and Executive Vice President of SterlingRisk Insurance, about the latest developments in business interruption insurance, which continues to become increasingly important for businesses, landlords, and tenants alike. The conversation covers the scope and limitations of traditional business interruption insurance, new legislation that allows insurance companies to issue standalone business interruption insurance policies without a physical loss or damage requirement, and the types of policyholders that have the most to gain from this expanded form of authorized coverage. Speakers: Stacey C. Tyler, Senior Counsel, Real Estate Heather Weaver, Counsel, Insurance Recovery Brad Dubler, Managing Partner and Executive Vice President, SterlingRisk

January 30, 2025Episode 1933 min

Going and Staying Green: Sustainability in Real Estate

Today on "Terra Firma: Conversations on Commercial Real Estate," Stacey C. Tyler and Zachary L. Berliner talk with Alex Lassiter, the CEO and founder of Greenplaces, which helps businesses navigate the complexities of carbon reporting, reduce greenhouse gas emissions, and foster a sustainable business model. Alex emphasizes how important it is for businesses to prioritize sustainability, especially now that resources are available to measure carbon footprints. Stacey, Zach, and Alex discuss how sustainability practices are increasingly affecting the landlord-tenant relationship, the connection between sustainability and resilience, and how sustainability sheds insight on a business's ability to be forward-thinking. Speakers: Stacey C. Tyler, Senior Counsel, Real Estate; Deputy Chair, Cannabis PracticeZachary L. Berliner, Counsel, Environmental Law & Litigation, ESG PracticeAlex Lassiter, CEO & Founder, Greenplaces

December 19, 2024Episode 1828 min

The Ins-and-Outs of PACE Financing

Today on "Terra Firma: Conversations on Commercial Real Estate," Stacey Tyler invites PACE Loan Group COO Bali Kumar to discuss a specialized loan product known as Property Assessed Clean Energy, or PACE financing, a program available in about 40 states where property owners take a voluntary special assessment on their property taxes in order to finance clean energy or capital expenditures projects. Often used for multifamily, hospitality, and senior living projects, property owners can avoid incurring double digit interest in debt financing by using as much PACE as possible to blend down the cost of capital. Stacey and Bali also delve into qualifications, conditions, and state-by-state laws regarding PACE, as well as its specific challenges in New York City. Speakers: Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis PracticeBali Kumar, COO, PACE Loan Group

November 14, 2024Episode 1729 min

Real Estate Investing: The Tax Perspective

Today on "Terra Firma: Conversations on Commercial Real Estate," hosts Stacey Tyler and Stephen Tanico talk with tax attorneys and Lowenstein colleagues Sophia Mokotoff and Matthew F. Cammarata about important tax issues to keep in mind in the real estate world, such as long-term capital gains versus ordinary income, and holding property for investment versus holding property as part of your active trade or business. They also address how items such as transfer tax differ amongst states, the benefits of setting up an LLC or a pass-through entity, depreciation, and deductions; and they provide strategies for how real estate investors and developers can be more proactive from a tax perspective. Speakers: Sophia Mokotoff, Partner, TaxMatthew F. Cammarata, Counsel, TaxStacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis PracticeStephen Tanico, Counsel, Real Estate

October 10, 2024Episode 1636 min

When You Owe More Than It's Worth: Depressed Valuations in the Real Estate Market

Today on "Terra Firma: Conversations on Commercial Real Estate," Stacey Tyler and Stephen Tanico speak with Harold Bordwin, principal and co-president of Keen-Summit Capital Partners, about recent depressed values in the real estate market, and the inverse relationship between cap rates and value. They discuss how property owners and lenders are dealing with the new landscape, whether converting office space to residential is viable in a post-Covid world, changing criteria for real property loans, and the lingering impact of the Silicon Valley Bank failure. Speakers: Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis PracticeStephen Tanico, Counsel, Real EstateHarold Bordwin, Principal and Co-President, Keen-Summit Capital Partners LLC

September 12, 2024Episode 1531 min

Bankruptcy in Real Estate: What to Do When Faced with Foreclosure?

This episode of "Terra Firma: Conversations on Commercial Real Estate" features hosts Stacey C. Tyler and Stephen Tanico talking with Eric Chafetz, partner in Lowenstein's Bankruptcy and Restructuring Group, about office market bankruptcies, and what to do when a building is going into foreclosure. Eric explains that, because creditors are required to stop a foreclosure proceeding when a single asset real estate company files for bankruptcy, they are seeking the benefit of an automatic stay and the related breathing room to try to work out their affairs and maximize value—often through recapitalization or a sale. The discussion covers such topics as the section 363 sale process, including where a nontraditional finance source purchases the debt at a discounted price; the benefits of a foreclosure sale; and the implications of a receivership. The lawyers also address the speed of bankruptcy proceedings, the importance of venue, and the growing role of hedge funds at the intersection of real estate and bankruptcy. Speakers: Eric Chafetz, Partner, Bankruptcy & Restructuring DepartmentStacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis PracticeStephen Tanico, Counsel, Real Estate

August 8, 2024Episode 1424 min

Getting Creative with Real Estate Investing: A Discussion with Entrepreneur-Attorney Naheem Harris

Today on "Terra Firma: Conversations on Commercial Real Estate," hosts Stacey C. Tyler and Stephen Tanico chat with Naheem Harris, investor and real estate lawyer, about what he is seeing in the current real estate market, particularly through the lens of finance. Harris describes what he sees as a movement away from typical mortgage lending towards more creative sources of funding, such as preferred equity, mezzanine and SPAC lending. Harris also discusses his own entrepreneurship and how his investing experience in the restaurant industry informs how he counsels clients. Speakers: Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis PracticeStephen Tanico, Counsel, Real EstateNaheem J. Harris, Partner, Real Estate, Akerman

July 11, 2024Episode 1322 min

Financing Term Sheets: Bring in Counsel Early, Avoid Headaches Later

In this episode of Terra Firma, Conversations on Commercial Real Estate, Stacey Tyler and Stephen Tanico are joined by Lowenstein Real Estate partner Kimberly E. Lomot for a discussion on financing term sheets. They review key components of loan commitment letters relevant to mortgage deals, construction loans, and alternative financing structures, and give tips on how to maximize the negotiation of the initial terms to save time and money during the loan documentation process. Lomot gives an overview of a range of issues including lender selection, collateral terms, and environmental provisions. Speakers: Kimberly E. Lomot, Partner, Real EstateStacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis PracticeStephen Tanico, Counsel, Real Estate

June 13, 2024Episode 1222 min

Lease Term Sheets: Why Investing in a Thorough Review Now Will Prevent Losses Later

On this episode of "Terra Firma: Conversations on Commercial Real Estate," Stacey C. Tyler and Stephen Tanico continue their term sheet series, this time focusing on lease deals and the value of attorney review prior to signing a term sheet in order to save time, money, and—potentially—risk. The lawyers describe where they often find term sheets lacking, such as with terms of guarantee, renewals, and the right to terminate early; they emphasize the importance of long-term planning for the future, as properties age and require expensive maintenance and repair; and they reiterate the importance of having both a brokerage and a legal team well acquainted with your particular asset class and location. Speakers: Stacey C. Tyler, Counsel, Real Estate; Deputy Chair, Cannabis Practice Stephen Tanico, Counsel, Real Estate