Mitchell Berg

October 17, 2017 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg of Paul, Weiss, Rifkind, Wharton & Garrison discuss representation and warranty insurance which has become commonplace in M&A transactions. They offer the question of whether real estate transactions will follow suit, and conclude that "for more complex transactions, where traditional due diligence may fall short or be impractical, or where an entity rather than an asset is being acquired, the answer may be yes."

By Peter Fisch and Mitchell Berg

31 minute read

September 13, 2017 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss issues and potential complications when advising U.S. clients in transactions with a foreign counterparty when dealing with a foreign investment in the U.S. real estate market.

By Peter Fisch and Mitchell Berg

12 minute read

July 11, 2017 | New York Law Journal

Peter Fisch and Mitchell Berg write: The EB-5 visa program has become a major source of real estate financing nationwide, and in particular for large real estate development projects in New York City such as Hudson Yards in Manhattan, the New York Wheel on Staten Island, and the Pacific Park development in Brooklyn. While the real estate industry has to date been the primary beneficiary of investment dollars generated by the EB-5 program, proposed changes to the program's rules could imperil what has been a reliable source of funding for new development projects.

By Peter Fisch and Mitchell Berg

11 minute read

February 15, 2017 | New York Law Journal

In their Transactional Real Estate column, Mitchell Berg and Scott Sontag discuss the advantages to foreign investors of investing through a domestically controlled REIT which include the ability to sell the stock of the domestically controlled REIT without incurring U.S. federal income tax under FIRPTA.

By Mitchell Berg and Scott Sontag

19 minute read

October 20, 2010 | New York Law Journal

Mitchell Berg and Salvatore Gogliormella of Paul, Weiss, Rifkind, Wharton & Garrison write: Restructurings and foreclosures of distressed real estate loans are becoming increasingly important components of the real estate practice. Where those loans form part of a capital structure that combines mortgage debt and one or more tranches of mezzanine debt, it is important for all the lenders to be mindful of the limitations and protections contained in intercreditor agreements.

By Mitchell Berg and Salvatore Gogliormella

12 minute read