05/17/2019
A guaranty is an agreement under which an individual (or entity) agrees to satisfy the underlying obligations of a primary obligor if such obligor defaults on the underlying obligation. With respect to a lease guaranty, the guarantor is often the principal or owner playing a key role in the tenant entity or a parent/affiliate of… Read more »
01/18/2019
In PNC Bank N.A. v. Dominion Energy Mgm’t Inc., 2018 U.S. Dist. LEXIS 62577 (E.D. Va. April 12, 2018), the Eastern District of Virginia held that an individual has the opportunity and capacity to read loan documents cannot avoid liability by claiming fraudulent inducement based on oral statements allegedly made by bank representatives different from… Read more »
01/11/2019
Most sophisticated commercial real estate (“CRE”) transactions, including leases, acquisitions, dispositions, joint ventures, and loans, usually start with a letter of intent (“LOI”). Depending on the transaction and the parties involved, lawyers may or may not be involved in preparing the LOI. The LOI is designed to summarize key business terms and is generally non-binding… Read more »
08/10/2018
*Junior Ndlovu is a summer extern with Vandeventer Black. He is a second-year law student at the Washington & Lee School of Law. “‘Usury’ is generally defined as a premium or compensation paid or stipulated to be paid for the use of money borrowed at a greater rate of interest than is allowed by law.”i… Read more »
06/24/2018
In South Dakota v. Wayfair, Inc., No. 17-494, 2018 WL 3058015 (June 21, 2018), the United States Supreme Court upheld a law allowing the State of South Dakota to collect sales and use tax from out-of-state sellers, even if those sellers do not maintain a physical presence in South Dakota. In its decision, the Supreme Court… Read more »
03/16/2018
Looming maturity dates (for which borrowers are not prepared to pay the remaining balance) or other monetary defaults of numerous commercial mortgages may present many opportunities for purchasing property on a discounted basis. With proper precautions and investigation, what appears to be a “deal” really can be a “deal.” However, purchasing a property at a… Read more »
02/08/2018
Vandeventer Black LLP AV® Preeminent-rated partner Deborah M. Casey was selected as a 2018 Woman Leader in the Law by The National Law Journal. Casey is a highly accomplished attorney who has also been recognized among ‘Influential Women of the Year’ by Virginia Lawyers Weekly, ‘Best Women In The Law 2017’ by Virginia Living Magazine, and ‘Women In Business’ by Inside… Read more »
09/06/2017
Your colleagues may have approached you about investing in a real estate development project or similar venture. If it is your first investment of this nature, you may wonder how to best memorialize the deal and which questions you should ask on the front end to best protect yourself. You may have general expectations for… Read more »
05/11/2017
Sooner or later your colleagues will approach you about investing in a development deal or similar venture if they have not already done so. The investment vehicle for such a project will typically be in the form of a limited liability company (“LLC”). Before getting involved in an LLC investment in commercial real estate, you… Read more »
05/03/2016
Authored by Jay Rixey On March 7, 2016, Governor McAuliffe signed into law the Fantasy Contests Act (the “Act”), making Virginia the first state to formally regulate daily fantasy sports websites such as DraftKings and FanDuel. The Act distinguishes these daily fantasy sports websites from illegal gambling sites, and outlines how they may lawfully operate… Read more »
