Peter E Fisch

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

October 15, 2014 | New York Law Journal

In their Transactional Real Estate column, Peter E. Fisch and Ira J. Gilbert of Paul, Weiss, Rifkind, Wharton & Garrison discuss the tax implications when buyers who purchase adjacent condominium units combine them into a single unit.

By Peter E. Fisch and Ira J. Gilbert

11 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

May 08, 2013 | New York Law Journal

In their Transactional Real Estate column, Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that most courts apply a "business judgment" test to a debtor's decision to reject an executory contract whereby, in order to obtain court approval, a debtor must demonstrate that in the "best 'business judgment'" of the debtor, it would be "beneficial . . . to the estate" to reject the contract.

By Mitchell L. Berg and Peter E. Fisch

12 minute read

July 10, 2013 | New York Law Journal

In his Transactional Real Estate column, Paul, Weiss, Rifkind, Wharton & Garrison partners Mitchell L. Berg and Peter E. Fisch write that control in a real estate joint venture can range from total control by one member to an even split where all decisions must be agreed on by the venturers. Even at the extreme ends of this continuum, however, without a detailed definition of control, there can be uncertainty as to who controls an entity for purposes of a provision restricting assignment.

By Mitchell L. Berg and Peter E. Fisch

10 minute read

October 16, 2013 | New York Law Journal

In their Transactional Real Estate column, Mitchell L. Berg, Peter E. Fisch and Manuel E. Lauredo of Paul, Weiss, Rifkind, Wharton & Garrison discuss non-recourse carveout guaranties in commercial real estate loans, advising that special attention be paid to the drafting of net worth and liquidity provisions in non-recourse carveout guaranties to ensure that each party's objectives are achieved.

By Mitchell L. Berg, Peter E. Fisch, Manuel E. Lauredo

11 minute read

February 15, 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, write that recent court decisions should serve as a caution to borrowers and guarantors to carefully scrutinize the exceptions to the non-recourse nature of their loans.

By Mitchell L. Berg and Peter E. Fisch

14 minute read