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Articles by James Landon
Commercial Real Estate Closings in Delaware: What Out-of-State Counsel and Title Companies Need to Know
Commercial real estate transactions frequently cross state lines. A lender may be headquartered in New York, the borrower may be a Delaware limited liability company, the property may be part of a national portfolio, and the title company may be coordinating the transaction from an office hundreds of miles away.
Why Delaware Legal Opinions Matter – Part 5: A Practical Guide to Getting the Opinion to Closing
A Delaware legal opinion is rarely intended to drive the closing schedule, but when the workstream starts too late, it can become one of the last unresolved closing items. Usually, the issue is not the opinion itself; the issue is coordination. The opinion request comes in late. Organizational documents are incomplete. The opinion form does not match the transaction. The authorization documents were prepared without reference to the governing agreement.
Why Delaware Legal Opinions Matter – Part 4: The Practical Value of Delaware Opinion Counsel
No one enjoys explaining to a client that a closing has been delayed. Yet many closing delays have little to do with negotiating business terms or obtaining financing. Instead, they stem from issues that are entirely preventable: organizational documents that were never located, governing agreements that contain unexpected approval requirements, or entity issues that surface only days before funding.
Why Delaware Legal Opinions Matter – Part 3: A Delaware Opinion Is Not a Substitute for Local Counsel
A Delaware legal opinion serves a specific purpose: it provides opinions regarding a Delaware entity and matters governed by Delaware law. It is not intended to address every legal issue arising from a transaction, nor is it a substitute for local counsel opinions involving the laws of other states. Understanding this distinction can help avoid unnecessary opinion negotiations, reduce closing delays, and ensure that opinion requests are appropriately tailored to the role of Delaware counsel.
Why Delaware Legal Opinions Matter – Part 2: What Delaware Opinions Actually Cover
Welcome to Why Delaware Legal Opinions Matter, a five-part series examining the role of Delaware legal opinions in transactional practice. In this series, you will learn about the scope and purpose of these opinions, the circumstances in which they are required in real-world transactions, how lenders rely on them in real estate finance deals, and practical strategies for obtaining them efficiently without closing delays.
Why Delaware Legal Opinions Matter – Part 1: Delaware Law at the Core of Modern Lending Transactions
Welcome to Why Delaware Legal Opinions Matter, a five-part series examining the role of Delaware legal opinions in transactional practice. In this series, you will learn about the scope and purpose of these opinions, the circumstances in which they are required in real-world transactions, how lenders rely on them in real estate finance deals, and practical strategies for obtaining them efficiently without closing delays.
Understanding Like-Kind Property and IRS Requirements for a 1031 Exchange
A 1031 Exchange is a valuable tool for real estate investors to defer capital gains tax when investment property is sold, provided the proceeds are reinvested in replacement property. According to the IRS, like-kind exchanges, when you exchange real property used for business or held as an investment solely for other business or investment property that is the same type or “like-kind,” have long been permitted under the Internal Revenue Code.
Delaware Non-Consolidation Opinions: A Critical Tool in Structured Finance Transactions | JD Supra
In sophisticated commercial real estate and other finance transactions, bankruptcy risk is not an abstract concern; it is a central underwriting consideration. One of the primary legal tools used to manage that risk is the Delaware non-consolidation opinion. Although these opinions are now standard in many large transactions, their purpose and legal foundation are often misunderstood by deal participants who do not regularly work with Delaware entity structures.
Delaware Real Estate Closings: Why Delaware Attorneys Are Always Required | JD Supra
Contrary to just about every jurisdiction in the country, all real estate settlements for real property located within the State of Delaware must be performed by a Delaware-licensed attorney. The Delaware Supreme Court has determined that nearly all aspects of a real estate transaction constitute as the practice of law. Therefore, every real estate settlement — whether residential or commercial, purchase or refinance — must be conducted by a Delaware-licensed attorney.
Business Legal Maintenance: What to Review Before January | JD Supra
As the year comes to a close and businesses prepare to wrap up 2025, there’s one critical task that should not be overlooked — a comprehensive legal check-up. Just as we schedule annual physicals to safeguard our personal health, your business deserves the same level of care. Whether this year was highly productive or presented challenges, it’s essential to keep your finger on the pulse of your operations and potential liabilities.
The Role of Delaware Legal Opinions in Today’s Corporate Transactions | JD Supra
In commercial transactions, legal opinions often serve as both a risk-allocation device and a due diligence tool. Among the states, Delaware occupies a special place in opinion practice because of its role as the preferred jurisdiction for entity formation, corporate governance, and sophisticated financing structures, as outlined in the previous article, Five Reasons Delaware Reigns Supreme for Business Formation.
Five Reasons Delaware Reigns Supreme for Business Formation | JD Supra
Why is the majority of Fortune 500 companies incorporated in the state of Delaware? Why are more than 75% of all new initial public offerings in the United States done by companies incorporated in Delaware? Why is Delaware able to generate more than 25% of its general fund revenue from the incorporation business? And, why have other states been unable to steal this business away from Delaware? Here are the top five reasons to form an artificial entity in Delaware.
FAU zeolite membranes for dewatering of amine‐based post‐combustion CO2 capture solutions
SEPARATIONS: MATERIALS, DEVICES AND PROCESSES Kunlei Liu Corresponding Author E-mail address: kunlei.liu@uky.edu University of Kentucky Center for Applied Energy Research, Lexington, Kentucky, USA Department of Mechanical Engineering, University of Kentucky, Lexington, Kentucky, USA Correspondence Kunlei Liu, University of Kentucky Center for Applied Energy Research, Lexington, KY 40511.
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