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Articles by Michael Karsch
Florida Ruling Raises Bar for Condo Terminations and Buyouts | JD Supra
On October 14, 2025, in a landmark decision with significant implications for the Florida real estate market, the Supreme Court of Florida formally denied Two Roads Development’s (TRD Biscayne LLC) petition for review in its long-running case against unit owners of Biscayne 21, a 1960s-era Miami waterfront condominium tower.
Aging Florida Condos Provide Developers With Strategic Opportunities | JD Supra
In the wake of the 2021 Surfside condominium collapse, Florida enacted sweeping changes that affect condominium governance, structural maintenance requirements, and reserve funding obligations. These changes have not only increased the financial burden on many older associations but have also created significant challenges—and opportunities—for developers and investors looking to acquire and repurpose aging or financially distressed condominium buildings.
Less Red Tape, More Capital? SEC Clarifies 506(c) Verification Rules | JD Supra
On March 12, 2025, the Securities and Exchange Commission (“SEC”) issued a significant no-action letter clarifying the use of high minimum investment amounts as a method for verifying accredited investor status under Rule 506(c) of Regulation D (the “Letter”).[1] Background: Rule 506(c) and Accredited Investor Verification Rule 506(c), introduced under the Jumpstart Our Business Startups (“JOBS”) Act of 2012 and effective since 2013, allows issuers to engage in general solicitation and...
Post-Closing Incentive Structures for Key Management in Private Equity | JD Supra
If you own or manage a company that a private equity firm is looking to acquire, and you plan to stay on after the closing, you’ll likely need to negotiate two key points: rolling over some or all of your equity and determining the incentive compensation you want to receive. In most acquisitions, but particularly in private equity buyouts, retaining and incentivizing key executives is often critical to the long-term success of the transaction.
Post-Closing Incentive Structures for Key Management in Private Equity
If you own or manage a company that a private equity firm is looking to acquire, and you plan to stay on after the closing, you’ll likely need to negotiate two key points: rolling over some or all of your equity and determining the incentive compensation you want to receive. In most acquisitions, but particularly in private equity buyouts, retaining and incentivizing key executives is often critical to the long-term success of the transaction.
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