Real Estate Attorney Alison E. Geddes Joins Weintraub Tobin

Weintraub welcomes attorney Alison Geddes

Weintraub Tobin is pleased to announce that Alison E. Geddes has joined the firm as a shareholder in the Real Estate practice group.  She will be based in Weintraub’s Sacramento office.

Alison’s practice includes representing property owners in negotiating and drafting commercial lease documents, including leases, amendments, assignments, and termination agreements, as well as in all aspects of lease enforcement. She understands the business of commercial property ownership and management and works with clients to achieve results consistent with their business objectives in both drafting and enforcing commercial leases.

Read More

Overlooked Provisions when Negotiating Purchase and Sale Contracts

by Mark E. Ellinghouse

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.

Read More

Real Estate Contracts: The Complex and Often Overlooked Indemnity Clause

by Mark E. Ellinghouse

“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.

Read More

Real Estate Attorney David W. Creeggan joins Weintraub Tobin

Graphic welcoming real estate attorney David Creeggan to Weintraub. Features a photo of David.

Weintraub is pleased to announce that David W. Creeggan has joined the firm as a shareholder in the Real Estate group. He will be based in Weintraub’s Sacramento office.

Dave handles commercial real estate matters involving acquisitions, dispositions, tax-deferred exchanges, development, title, financing, and sale-leaseback transactions, as well as commercial leasing for office, retail, industrial, multi-family and agricultural properties. He assists a wide range of clients with their real estate needs,

Read More

COVID-19 Commercial Tenant Eviction Update

by Mark E. Ellinghouse

As March approaches, we are poised to hit the two-year anniversary of California’s March 4, 2020, State of Emergency Proclamation relating to the COVID-19 health crisis. In the months that followed, we watched federal, state, and local governments adopt myriad laws, rules, emergency orders, proclamations, declarations, ordinances, and mandates, creating a patchwork of rules and regulations for commercial real estate that defied generalization or statewide compliance practices. The market may never look exactly like it did before COVID-19 (note our last article: to-go alcoholic drinks are here to stay!).

Read More

New California Laws Affecting Real Estate in 2022

by Mark E. Ellinghouse

After surviving holiday family dinners, a few-too-many champagne toasts, and a record-breaking snowstorm, this team is ready to turn its sights to a new year and the exciting projects that are in store.  To kick off our 2022 newsletter season (and hopefully in better fashion than the Sacramento Kings), we thought it would be helpful to summarize a few of California’s noteworthy new-for-2022 laws.[1] There aren’t any earth-shattering changes that will require substantial deviation to standard operating procedures,

Read More

The Importance and Dangers of Letters of Intent

by Mark E. Ellinghouse

Despite a global pandemic and a bingo-card full of natural disasters and calamities, the commercial real estate market has been extremely active over the past two years. While there are some signs that activity will be less frenetic in the upcoming year, most commentators project continued growth, development and overall volume. Many of our clients are already eyeing next year’s targets, beginning the negotiation process with the hopes of getting these deals under contract in the first quarter of 2021. 

Read More

Weintraub Tobin Ranked in U.S. News – Best Lawyers® 2022 “Best Law Firms”

Weintraub has been recognized with numerous rankings in the 2022 edition of U.S. News – Best Lawyers® “Best Law Firms.” The tiered rankings are assigned to law firm practice groups by metropolitan area. Thousands of firms are considered and reviewed nationwide through a detailed evaluation process before U.S. News and Best Lawyers® make selections for “Best Law Firms” rankings. The complete list is published on the U.S.

Read More

How New Legislative Policy May Affect COVID-Related Lease Disputes

by Mark E. Ellinghouse

Over the last eighteen months, we have been forced to devote significant resources to interpreting how largely-forgotten legal doctrines apply to real estate contracts in a post-COVID world. These principles, including force majeure, frustration of purpose, and impossibility/impracticability, were generally overlooked in real estate transactions until life-altering global events required their use. Indeed, many of the cases interpreting these doctrines date back to the world wars that dominated the first half of the twentieth century. 

Read More