Welcome to the Weintraub Resources section. Here, you can find our Blogs, Videos, and Podcasts, in which Weintraub attorneys regularly provide insights and updates on legal developments. You can also find upcoming Weintraub Events, as well as firm and client News.


CRE Update: Pending Legislation Could Cause Significant Disruption to Commercial Real Estate Sector

It is rare for the commercial real estate industry to be the target of legislative reform.  Even for a progressive state like California, real estate-focused initiatives tend to focus on promoting housing policies, residential tenant rights, and environmental protections.  This year, however, there are three pending bills which could significantly disrupt the commercial real estate sector, potentially causing substantial increase in operating costs that will either undermine already-thin margins for landlords and owners or place more stress on tenants through passed through expenses.  The three bills, each of which has passed its house of origin (either the Assembly or Senate), are summarized below.  We encourage all of our clients to contact their state legislators to provide feedback regarding the dangers of these initiatives, which we will continue to monitor through the remainder of the legislative session. 

Don’t Believe the Hype – Retail Market Strong as Ever Amid Natural Turnover

We’ve all read the headlines recently.  From Big Lots to Joann’s to Express, many retailers which were staples of popular retail centers at the turn of the century have succumbed to the pressures of online shopping, higher interest rates and rising costs, and called it quits (or are significantly reorganizing their companies).  So is the retail market suffering, destined to face continuing failures and leave us with empty, decaying retail centers and shopping malls?

Highlights from the 2024 ULI Technical Advisory Panel’s Recommendations for Downtown Sacramento

The Downtown Sacramento Partnership (DSP) and the Urban Land Institute (ULI) recently convened a Technical Advisory Panel (TAP) of distinguished third-party analysts from around the country to analyze and recommend growth opportunities for downtown Sacramento. The TAP’s recommendations were made public this month. As a member of ULI Sacramento’s Executive Committee, I believe in downtown Sacramento’s potential and the power of the built environment to transform the community. In case you missed it, I wanted to share a few highlights of the TAP’s findings and recommendations with the hope that its vision for downtown Sacramento will inspire us in the commercial real estate sector to embrace the opportunities ahead.

Commercial Real Estate Outlook for 2024: Slow and Steady Wins the Race

The classic fable of The Tortoise and the Hare is well-known across mainstream culture. Yet despite the story’s reliable and surprisingly universal thesis, it appears to have become commonplace for investors to look for faster and bigger results in lieu of slow and steady returns. And with recent high rates of return triggered by sustained low interest rates and pent up demand following the Great Recession, the commercial real estate sector seems to be no exception to this hare-like approach. It should therefore come as little surprise that, given high interest rates, increased construction costs, and political turmoil, many commentators on the 2024 commercial real estate market predict negative results for the upcoming year.[1]

Key Terms That Confirm the Shortcoming of AIR Forms

There are not many things in life that are truly “one size fits all.” We certainly don’t take this approach when it comes to our clothes, our TV shows, or our lunches. Yet for some reason, we regularly employ this method in our commercial real estate transactions. Almost daily, I am asked to comment on an AIR or CAR form, usually with the caveat that one of the parties really wants to use the form and “keep it simple.” While simplicity may have its benefits, this is rarely the wisest course of action in a transaction involving multi-million-dollar assets. A custom form will more accurately reflect the parties’ agreement and, in my experience, actually be cheaper and easier for the parties to negotiate.

Feast or Famine: The Importance of Contemplating Failure in Commercial Real Estate Transactions

Every spring, usually on the first weekend of good weather, I rush to the local nursery and spend what feels like a week’s worth of wages on new plants, soil, fertilizer, and irrigation lines. I can’t wait to get the seedlings in the dirt, connect the water, and watch the home-grown, organic produce flow from Mother Earth based only on my sweat equity. And every summer, usually around the Fourth of July, I face the cruel realization that my green thumb was apparently lost at childbirth.  The return on investment for 12 cherry tomatoes, 6 strawberries and a shriveled zucchini just isn’t there. Not everything goes to plan. 

Spring Cleaning for Commercial Leases

Spring is here! We finally have warmer weather, longer days, and the prospect of weekend plans not getting ruined by rain. If you’re anything like me, you were ready for the turn of the season after a very wet winter. What I wasn’t ready for was the inevitable assault on my senses, as pollen has suddenly filled the air and unleashed its annual crusade to dampen the optimism of spring. If I had remembered to start my Flonase and Claritin regime earlier, perhaps I wouldn’t be flying through tissue boxes as I sneeze and cough my way through the day.

New California Legislation Impacting Commercial Real Estate in 2023

With the turn of the year comes ill-fated resolutions, needed but annoying rain, and a slew of new legislative enactments coming into effect. While commercial real estate is not typically a hotbed for legislative activity, there are a few noteworthy changes that may affect prospective projects, mostly focused on relaxing procedural requirements to incentivize the construction of new housing projects to combat the state’s ongoing housing crisis.

Overlooked Provisions when Negotiating Purchase and Sale Contracts

In protracted contract negotiations, many clients become dismayed when a deal they thought had been agreed in a letter of intent is suddenly the subject of contentious exchanges between the parties and their counsel. The clients may be comfortable with the purchase price or due diligence timelines, but many clients have never considered, let alone negotiated, the various other critical terms in a purchase contract.  These terms are often as, if not more, important, as they will define the scope of the parties’ rights relating to the transaction and exposure for lawsuits after closing. This article is designed to give a primer on the basics of these concepts so that parties may be better prepared when negotiating their purchase contracts at the letter of intent stage.

Real Estate Contracts: The Complex and Often Overlooked Indemnity Clause

“Let’s leave that to the lawyers.”  It’s a familiar refrain that I hear often as contract negotiations drag on between parties.  After the primary deal points in a contract have been agreed upon, many clients believe that the remaining terms can be easily resolved without their involvement.  Unfortunately, this is rarely the case, as what some clients perceive to be boilerplate or “standard” could become critically important if a dispute arises relating to the transaction.