United States: Real Estate Group Newsletter - August 2014

This issue features news from Latin America as well as recent articles prepared in conjunction with the firm's Environmental and Litigation groups. Also featured is the 2014 Diversity Reception at ICSC ReCon in Las Vegas at which Gina Love was honored.

Lisa Brill Speaks on Panel at the 2014 Institutional Real Estate Latin America Forum

Lisa Brill recently spoke as a panelist at the 2014 Institutional Real Estate Latin America Forum at The Plaza Hotel in New York City. The discussion focused on the structuring of joint ventures and funds that invest in real estate in Brazil.

Montgomery, Jackson and Martialay Represent Banamex in Corporate Revolving Credit Line for a FIBRA (a Mexican REIT)

Malcolm Montgomery, Brittany Jackson and Elizabeth Martialay represented Banco Nacional de México, S.A. (Banamex), as administrative agent, in a $250 million senior secured revolving credit facility for FIBRA Prologis in connection with its $540 million initial public offering – only the second corporate revolving credit line for a FIBRA (a Mexican REIT). FIBRA Prologis owns an initial Class-A portfolio of 177 strategically located logistics and manufacturing facilities in six industrial markets in Mexico totaling 29.8 million square feet of gross leasable area.

Lisa Brill Represents Iron House Real Estate in Brazil

Lisa Brill represented Iron House Real Estate, a subsidiary of Group Cornelio Brennand, in connection with the negotiation of hotel management agreements with Four Seasons for the development and operation of two hotels – one in São Paulo, Brazil and the other in Reserva do Pavia, Brazil. The Four Seasons São Paulo will be part of Parque da Cidade, a premier mixed-use development located in the Brooklin Novo region, one of the most coveted and rapidly developing areas of the city. The Four Seasons Urban Resort at Reserva do Paiva will be located in the most exclusive area of Reserva do Paiva, a beachfront master-planned development in Pernambuco. This urban resort is envisioned to capture both leisure and corporate demand due to its proximity to Recife, Suape Complex and the International Airport.

"Making History: The Latin American Debt Crisis"

"Making History: The Latin American Debt Crisis" recounts our firm's critically important work during the Latin American debt crisis of the 1980s. The exceptional work of our lawyers helped to avert a potential world financial crisis and enabled the region to recover from the so-called "lost decade." Like our first "Making History" video on the Iran Hostage Crisis, this new video features recollections from retired partners, who were intimately involved, as well as observations from current partners on how the lessons learned have guided our lawyers on subsequent high-profile country debt restructurings around the world.

Click here to view the video.

Firm Sponsors Diversity Reception at ICSC ReCon; Gina Love Honored

Gina Love was recently honored at the ICSC (International Council of Shopping Centers) Diversity Reception at ICSC's spring convention in Las Vegas. Love was recognized for her efforts as a founder of the annual networking reception, which has become a premier event at ICSC RECon, the Global Retail Real Estate Convention.

This year, the ICSC also introduced the "Love Scholarship for Diversity," named in Love's honor, which offers tuition assistance to sophomore, junior and senior university students belonging to an underrepresented minority group.

Now in its 11th year and attended by approximately 600 people, the ICSC Diversity Reception offers a venue for industry professionals from diverse backgrounds to network, hear from industry leaders, and form strong and lasting business relationships in the retail and real estate industries. Shearman & Sterling, a major sponsor and organizer of the event since 2008, was a Platinum Sponsor of this year's reception. David LaRue, CEO of Forest City Enterprises and the Chairman of ICSC, made remarks in recognition of Love's accomplishments.

Chambers USA 2014 Rankings

We are pleased to congratulate Malcolm Montgomery, Jason Pratt, Jeff Salinger and Chris Smith, who were ranked in the current edition of Chambers USA: America's Leading Business Lawyers. Montgomery was ranked in Band 2 for "Real Estate Finance: New York;" Pratt was listed as Up and Coming for "Environment: New York;" Salinger was ranked in Band 2 for "Environment: Mainly Transactional: New York;" and Smith was ranked in Band 1 for "Real Estate: New York." In addition, both the Real Estate and Environmental groups were ranked in the "Real Estate New York: Mainly Corporate & Finance" and the "Environment: Mainly Transactional: New York" sections. For full details on the firm's rankings and editorial commentary, visit Chambers USA by clicking here.

Malcolm Montgomery Elected Fellow of American College of Real Estate Lawyers

The Real Estate Group is pleased to congratulate Malcolm Montgomery on being elected an American College of Real Estate Lawyers Fellow (ACREL), a premier organization of U.S. real estate lawyers. Admission is by invitation only after a rigorous screening process. ACREL's distinguished, nationally known lawyers have been elected to fellowships for their outstanding legal ability, experience and high standards of professional and ethical conduct in the practice of real estate law. Chris Smith is also a member of ACREL.

"United States Environmental Protection Agency Proposes Carbon Dioxide Emissions Limits for Existing Power Plants"

The United States Environmental Protection Agency (EPA) recently announced a proposed rule, called the Clean Power Plan, limiting nationwide carbon dioxide (CO2) emissions from existing fossil fuel-fired stationary combustion turbines and electric utility steam-generating units by 30 percent from 2005 levels by 2030 (the Rule). Under the Rule, EPA would use its regulatory power pursuant to Section 111 of the Clean Air Act to set state-specific target emissions cuts that will be implemented at the state level beginning in 2020. While the Rule seeks a 30% reduction in emissions nationwide, each state would have a different goal based on its ability to implement the emission reduction methods available under the Rule. States that currently rely most heavily on coal-fired generation and will have the most difficulty introducing renewable generation and thus will be required to make the smallest emission reductions.

Click here to read the full memo.

"New York Adopts Rule Allowing Parties to Agree to 'Accelerated Adjudication' of Lawsuits in the Commercial Division of New York State Supreme Court"

The New York state court has adopted a rule that will allow parties to agree to have a Commercial Division lawsuit heard on an expedited basis. The rule permits parties to agree in a contract that any lawsuit arising out of or related to the contract will be heard under the Commercial Division's new "accelerated adjudication" process. The accelerated adjudication rule sharply limits discovery and requires that a case be ready for trial within nine months. The rule also deems both parties to have waived important rights, including the right to any interlocutory appeal and the right to a jury trial. Companies entering into a contract that provides for a New York state court forum for any dispute should give serious consideration to having the forum selection clause in their contract and specify that the new accelerated adjudication process will apply to any lawsuit.

Click here to read the full memo.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.

Disclaimer

Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

Registration

Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.

Cookies

A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Links

This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.

Mail-A-Friend

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.

Emails

From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

*** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .

Security

This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.