Condo Project Borrows From Its Future Residents

By AramilFeraxa – Own work, CC BY 4.0

The Wall Street Journal quoted me in The Luxury Beverly Hills Condo Project Borrowing Money From Its Future Residents (behind a paywall). It opens,

The developer behind one of the country’s most expensive real-estate projects has an unusual request for its condo buyers: Lend us money.

Purchasers of the site’s roughly 150 condo units are also providing debt to help Cain, an investment firm based in London, fund its $10 billion project, known as One Beverly Hills.

The 17.5-acre site, set to be completed in 2029, will include high-end retail such as Dolce & Gabbana, upscale dining, 78 new hotel suites and acres of botanical gardens. The ultraluxury condos will be operated by Aman, one of the world’s leading high-end hotel operators.

The condo owners’ debt takes the form of a bond—the developers call them Founder Bonds—and buyers will receive a return of 5%, according to a person familiar with the matter.

No condo buyers are forced to participate in the bond program. Founder Bonds offer a financial return and the opportunity to assist in the construction of their future home, Cain has told condo buyers.

When the Founder Bond program was launched early last year, 10-year Treasury debt offered less than 5% returns. In recent weeks, however, the 10-year yield has exceeded that level, rising above 5.3% at one point this month. That means Founder Bond holders are now earning less than the yield on Treasurys, which are commonly considered the “risk-free” rate.

But some say this rarely seen financing tool sticks condo buyers with a risk.

The bonds are junior to other debt on the project, which includes a $2.8 billion senior loan led by J.P. Morgan and a $1.5 billion mezzanine loan from VICI Properties. Parts of both loans are conditional on Cain hitting certain sales milestones.

That means that if the condo towers were to fall short of completion—in a city where most luxury buyers are focused on single-family homes and estates—bondholders could be left not only without the penthouse they were expecting, but also without the extra money lent to the developers.

“Even though these are luxury buyers, I would guess they’re going to face more exposure if the project goes bust than they may realize,” said David Reiss, a professor at Cornell Law School, who researches real-estate finance. “They’re getting paid a small amount to take a large amount of risk…but because they’re luxury, they may be able to tolerate the risk better.”

Generative Legal @ Cornell Tech

I will be opening this gathering (confirmed speakers are listed here as well). It will cover the following topics:

01

Kick-off

State of the Tech

What’s actually possible with legal AI today, and what’s still on the horizon? This opening presentation offers a grounded overview of the current state of generative AI for legal applications — how foundation models are evolving, which breakthroughs matter most for legal work, and where the technology still falls short. Attendees leave with a clear-eyed understanding of AI’s capabilities and its limits.

02

Keynote

Fireside conversations

Two fireside-style keynote Q&As punctuate the day — candid, on-stage conversations with leaders shaping the intersection of law and AI. Speakers will be announced closer to the event.

03

Panel discussion

The Client Perspective

What do in-house leaders actually want from AI-enabled law firms? Hear directly from the people buying legal services about their expectations for outside counsel. Are they demanding AI-driven efficiencies? Do they trust AI-assisted work product? How are they weighing a firm’s AI capabilities in pitches and panels? This session surfaces the client voice and helps firms understand where the market is heading.

04

Panel discussion

The Legal Team in 2029

The legal team of 2029 may prove a meaningful departure from today’s. As AI absorbs the junior work that once filled the ranks and sustained the billable hour, teams are adding engineers and other AI specialists in their place. Alongside this, what that team can actually do turns increasingly on access to frontier models, compute, and data. This session convenes leaders rethinking who sits on the legal team, how their work should be priced, and whether frontier technology will continue to be available to lawyers across markets.

05

Debate

“This house would build, not buy.”

Before a tribunal of three judges, the proposition will argue that legal teams should own the application layer: tailored legal AI, built either from the ground up or on an open-source foundation. The opposition will argue that the better course for a primary tool is a commercial legal AI platform, however customized.

Tokenized Residential Real Estate

I am excited that Who Controls the Block? How States Can Regulate Tokenized Residential Real Estate (co-authored with Bizub & Peralta) is forthcoming in the Texas A&M Law Review. The abstract reads,

In July 2025, the City of Detroit filed a major nuisance abatement action against RealT, a fintech that had sold blockchain-based fractional interests in more than four hundred Detroit rental properties to some 22,000 investors around the world. Within a year, a court had ordered the company’s rents into escrow, the company had conceded to its investors that its “model no longer works,” and it had announced the liquidation of its portfolio  —  leaving tenants without basic services and token holders facing steep losses.

This article uses the rise and collapse of RealT, together with case studies of the other leading real estate tokenization business models, to evaluate the claims made for tokenized real estate as a new asset class for individual investors. Measured against the publicly-traded REIT, tokenization offers only one advantage to investors —  a bespoke level of diversification  —  and it does so while shedding the investor protections that registration and exchange listing provide. More fundamentally, the leading business models rest on skirting the state and local legal infrastructure of real property: recording regimes, transfer and property taxation, and homeowner and tenant protections. Like the mortgage industry’s Mortgage Electronic Registration Systems, Inc. (“MERS”) a generation ago, tokenization externalizes the costs of that end-run onto the parties least able to bear them.

Real estate tokenization is still in its infancy, and state and local governments have a window of opportunity to shape how these fintechs operate within their borders. Some have begun to use it: Maine’s first-in-the-nation statute regulating shared appreciation agreements supplies one template, and Detroit’s enforcement campaign another. This article maps the gaps that remain  —  most notably in transfer taxation and tenant protection  —  and offers an agenda for closing them before tokenization scales.

Who Controls the Block? How States Can Regulate Tokenized Residential Real Estate

AI Image created with ChatGPT

I have posted Who Controls the Block? How States Can Regulate Tokenized Residential Real Estate to SSRN (with Bizub & Peralta). The abstract reads,

In July 2025, the City of Detroit filed a major nuisance abatement action against RealT, a fintech that had sold blockchain-based fractional interests in more than four hundred Detroit rental properties to some 22,000 investors around the world. Within a year, a court had ordered the company’s rents into escrow, the company had conceded to its investors that its “model no longer works,” and it had announced the liquidation of its portfolio  —  leaving tenants without basic services and token holders facing steep losses.

This article uses the rise and collapse of RealT, together with case studies of the other leading real estate tokenization business models, to evaluate the claims made for tokenized real estate as a new asset class for individual investors. Measured against the publicly-traded REIT, tokenization offers only one advantage to investors —  a bespoke level of diversification  —  and it does so while shedding the investor protections that registration and exchange listing provide. More fundamentally, the leading business models rest on skirting the state and local legal infrastructure of real property: recording regimes, transfer and property taxation, and homeowner and tenant protections. Like the mortgage industry’s Mortgage Electronic Registration Systems, Inc. (“MERS”) a generation ago, tokenization externalizes the costs of that end-run onto the parties least able to bear them.

Real estate tokenization is still in its infancy, and state and local governments have a window of opportunity to shape how these fintechs operate within their borders. Some have begun to use it: Maine’s first-in-the-nation statute regulating shared appreciation agreements supplies one template, and Detroit’s enforcement campaign another. This article maps the gaps that remain  —  most notably in transfer taxation and tenant protection  —  and offers an agenda for closing them before tokenization scales.

 

Offloading, not Surrendering, to AI

 

Robert MacKenzie and I published a column in Corporate Compliance Insights based on a recent eCornell workshop we taught. It reads,

We have been teaching lawyers how to use generative AI in their actual work — the drafting, reviewing and decision-making that fills their days. But when we designed our workshop, “Generative AI for Business Transactions,” we built it for a broader range of professionals: the healthcare compliance officer who had never opened ChatGPT, the corporate counsel whose legal department had recently deployed Harvey, the financial analyst running queries through Gemini and the operations manager who had heard the buzz but didn’t know where to begin. What we found confirmed what we suspected: the gap between professionals experimenting with AI and those waiting on the sidelines is widening fast. The ones who will thrive are not those using AI most aggressively but those using it most deliberately.

AI is transforming professional work

Generative AI is reshaping professional workflows in every industry we have encountered. In our workshop, we organize its everyday applications into four areas: communication, such as turning bullet points into polished emails and summarizing meeting transcripts; ideas and content, such as brainstorming and adapting material for different audiences; people and careers, such as preparing for interviews and difficult conversations; and money and numbers, such as building budgets, comparing costs and translating dense financial or legal language into plain English.

The best use cases are for time-intensive tasks. A transactional lawyer compares indemnification clauses across a dozen precedent agreements. A healthcare administrator turns regulatory guidance into a compliance checklist. A finance team compares top holdings across multiple fund prospectuses. The common thread: AI tools excel at quickly doing first-pass, high-volume work that used to consume hours.

A practical framework for responsible use

Every industry carries confidentiality obligations. Privilege in law, HIPAA in healthcare, fiduciary duties in finance, trade-secret protections in business. AI introduces a new exposure vector for professionals who are not careful about which tools they use. A key distinction we identify is the level of control and protections granted by enterprise AI tools versus consumer or free-tier tools. Enterprise tools are provided under negotiated contracts that typically commit the vendor not to train on your inputs and to keep your data confidential Consumer or free-tier tools often are packaged with settings permitting the provider to train on whatever information you input into the tool, undercutting confidentiality obligations you may be subject to. Vendor policies and features change, so verify that your expected protections are in place rather than assume.

We summarize this verification discipline in three words: pause, read, protect. Pause before entering data and ask whether it is safe to share and whether your workplace policies or professional obligations permit use of the tool for the intended purpose. Read the tool’s terms, and your workplace policies or guidance regarding the tool, to understand how your information will be treated. Protect by changing default settings, anonymizing confidential details and ensuring your cybersecurity and IT teams are in the loop when seeking to use new tools or approving use of updated features.

For task-level decisions, we recommend users adopt a red/yellow/green triage system. Red tasks are high importance and high risk and never get delegated to AI (e.g., strategy, high-stakes judgment calls and final approvals). Yellow tasks are lower importance and lower risk and may be delegated because they benefit from AI’s speed, but require competent human oversight and verification (e.g., research, first drafts and issue analysis). Green tasks are low importance and low risk and may, and sometimes, should, be delegated to AI, with minimal required human oversight (e.g., document reformatting, routine correspondence preparation and generation of ideas). If you supervise a team, you should be thinking about how you triage and how you want your team to triage matters. A breakdown in expectations can produce a “garbage-in, garbage-out” cycle.

Evaluating AI outputs critically

Our key takeaway is that AI’s greatest value lies in refining professional judgment, not replacing it. Generative AI is probabilistic, not deterministic. This means that the same prompt can produce different outputs in the same tool across different sessions. Models predict the next likely word in a sequence; they do not understand your question or verify their own answers.

Our recommendation to be effective with this technology: tell the tool what you need and be dynamic in your approach to prompting and task execution. We teach a simple prompting framework that is easy to recall and apply: RCTF—role, context, task, format. R: assign the AI a role. C: provide relevant context. T: define the task precisely. F: specify the output format. We think of this framework in the same way as ordering at a drive-thru. You would not pull up, say “food,” and expect to get what you want. You need to say what you are ordering, how you want it and where to hand it to you.

Other effective strategies we recommend professionals are:

    • Chunking. Breaking tasks into smaller pieces to keep tools on task.
    • Few-shot prompting. Provide examples of good work products to the tool before commencing a task.
    • Iterative refining. Adopting a “the first answer is a first draft” mindset.
    • Flipping interactions. Ask the tool to guide you on how to use it for a particular task.
    • Perspective switching. Assign the tool competing perspectives to pressure-test your work.

Managing hallucinations & overreliance

AI tools are known to generate plausible-sounding outputs that contain errors and invented citations. They also misread sources and silently drop items from long documents. These “hallucinations” are not bugs that will be patched away; they are inherent to how large language models work.

A deeper risk for inexperienced users of AI tools is what Wharton researchers Steven D. Shaw and Gideon Nave call “cognitive surrender.” In their 2026 study spanning three experiments and more than 1,300 participants, they found that participants were highly susceptible to following incorrect advice from AI tools. Access to an AI chatbot during the experiments appeared to inflate participants’ confidence in their answers, even when the answers were wrong. Observations like these point to a broad human tendency towards cognitive surrender: When a fluent, confident-sounding tool delivers a coherent answer, the pull to accept it is powerful.

We want to draw a sharp distinction between cognitive surrender — letting AI do your deliberate thinking and accepting its output uncritically — and “cognitive offloading” — handing defined steps to AI while retaining control of the overall analysis. The first is a professional hazard. The second is a legitimate productivity strategy. After every substantive AI-assisted task, ask yourself: Have I thought this through as fully as I would have without the tool? If not, dig back in.

Building reusable templates & checklists

One of the highest-value applications of generative AI is converting complex source documents into workflows a team can reuse, such as checklists, trackers and comparison matrices. In our workshop, we demonstrate how to take a dense document and instruct AI tools to produce a structured checklist to capture desired variables, like task status, assigned parties, deadlines, source references and risk flags.

We also teach benchmarking: uploading a set of similar documents and directing the AI tool to create a comparison matrix of key terms among the documents. AI tools offer value in their continually improving (but imperfect) ability to accurately extract and categorize information from new documents based on historical templates. For professionals with high accuracy needs, this skill can offer considerable leverage by accelerating the manual steps in these types of workstreams (initial review, identification and extraction or summarization of terms).

The bottom line

Whether you work in law, healthcare, finance or any field built on complex documents and careful analysis, the starting point is the same: Develop your own judgment first, verify before you rely and triage every task before you hand it off.

Law Schools Should Teach How to Integrate AI Tools Into Practice

 

The Cornell Law Forum republished an article that I wrote with Robert MacKenzie, Law Schools Should Teach How to Integrate AI Tools Into Practice. It opens,

Now that artificial intelligence tools for lawyers are widely available, we decided to integrate them for a semester in our Entrepreneurship Clinic. We have some important takeaways for legal education in general and the transactional practice of law in particular.

First, employers and educators need to account for law students who already are using AI tools in their legal work and guide new lawyers about how to use such tools appropriately.

Second, different AI products lead to wildly different results. Just demonstrating this to law students is very valuable, as it dispels the notion that AI responses can replace their independent judgment.

Third, AI’s greatest value may be in refining legal judgment for lawyers in ways that can help new and experienced lawyers alike.

Cornell is Hiring a Transactional Clinician

By Claude-Étienne Armingaud – Claudé, CC BY 2.5

Cornell Law School is hiring! We are looking for a clinical professor of entrepreneurship law who will work with our Entrepreneurship Law Clinic and our Blassberg-Rice Center for Entrepreneurship Law. Our students work with clients with a diverse range of entrepreneurial efforts, and in the process gain valuable skills for their legal careers. If you are interested in helping to train the next generation of entrepreneurs and the lawyers who will serve them, please consider applying. Or if you know of other suitable candidates, please let them know of this great opportunity in Ithaca.

The full job posting is here.