Mitchell L Berg

October 21, 2015 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg write: Real estate practitioners should be aware that conventions governing merger and stock purchase agreements in M&A transactions differ in certain significant respects from those that apply to purchase and sale agreements in real estate transactions.

By Peter E. Fisch and Mitchell L. Berg

11 minute read

July 08, 2015 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg discuss a common feature of real estate finance—defeasance—which allows a borrower to effectively prepay a loan that is not by its terms prepayable.

By Peter E. Fisch and Mitchell L. Berg

10 minute read

July 07, 2015 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg discuss a common feature of real estate finance—defeasance—which allows a borrower to effectively prepay a loan that is not by its terms prepayable.

By Peter E. Fisch and Mitchell L. Berg

10 minute read

February 18, 2015 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg write: Over the last several years, sale-leasebacks have been implemented with increasing frequency, perhaps driven in part by a proliferation of real estate investment trusts and other institutional buyers seeking the stable returns these transactions provide.

By Peter E. Fisch and Mitchell L. Berg

14 minute read

February 18, 2015 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg write: Over the last several years, sale-leasebacks have been implemented with increasing frequency, perhaps driven in part by a proliferation of real estate investment trusts and other institutional buyers seeking the stable returns these transactions provide.

By Peter E. Fisch and Mitchell L. Berg

14 minute read

July 09, 2014 | New York Law Journal

In their Transactional Real Estate column, Mitchell L. Berg, Andrew Wurzburger and Philip A. Heimowitz of Paul, Weiss, Rifkind, Wharton & Garrison write: A sponsor that intends to raise capital from third-party investors for investment in real estate or real estate-related assets should consider whether the general partner, managing member or outside adviser to the vehicle that will be formed to undertake the investment will be required to register as an investment adviser under, and comply with the other requirements of, the Investment Advisers Act.

By Mitchell L. Berg, Andrew Wurzburger and Philip A. Heimowitz

12 minute read

April 16, 2014 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Mitchell L. Berg, partners at Paul, Weiss, Rifkind, Wharton & Garrison, discuss a recent case from the Delaware Court of Chancery which suggests that reverse triangular mergers may not violate prohibitions on lease assignments—even prohibitions that specifically restrict assignments by operation of law—that do not include express restrictions on changes of control.

By Peter E. Fisch and Mitchell L. Berg

12 minute read

December 11, 2013 | New York Law Journal

In their Transactional Real Estate column, Mitchell Berg and Peter Fisch of Paul, Weiss, Rifkind, Wharton & Garrison, explore the recourse that may be available to buyers under the Delaware Limited Liability Company Act and under corresponding statutory law in other jurisdictions when sellers default on post-closing liabilities.

By Mitchell L. Berg and Peter E. Fisch

12 minute read

October 31, 2012 | New York Law Journal

In their Technology Issues column, Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that because cell sites typically utilize only small parcels of land that are not separately subdivided, it is most common for a cell site to be ground leased rather than owned in fee.

By Mitchell L. Berg and Peter E. Fisch

12 minute read

May 09, 2012 | New York Law Journal

In their Transactional Real Estate column, Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, examine the remedies customarily available to non-breaching venturers in the event of a funding default by one of their co-venturers, and briefly discusses certain issues to consider when determining which of these remedies - a capital contribution to the venture, a loan to the venture, or a loan to the defaulting venturer - are appropriate in any particular circumstance.

By Mitchell L. Berg and Peter E. Fisch

12 minute read