Commercial
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December 17, 2024
Gunster Expands In Miami With Real Estate, Employment Pros
Florida business law firm Gunster has picked up a pair of new shareholders for its Miami office, including a real estate attorney from Cozen O'Connor and a labor and employment attorney who was previously in-house at Costa Farms.
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December 17, 2024
Fox Rothschild Leader On Landlords Mired In Pot Crackdown
Landlords now find themselves on the front lines of the rocky rollout of New York’s cannabis law. The co-leader of Fox Rothschilds' NYC real estate team, who represents numerous landlords caught up in the pot shop crackdown, spoke to Law360 Real Estate Authority about how to navigate the process.
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December 16, 2024
11th Circ. Says Citrus Grower's Coverage Row Was Ripe
A citrus grower's bid for damages from its insurer in connection with environmental remediation costs was ripe, the Eleventh Circuit said, reviving the case after finding that a Florida district court wrongly dismissed it by conflating the issue of ripeness with the merits of the grower's claims.
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December 16, 2024
Minn. Panel Revives $1.5M Fire Loss Row Against State Farm
A Minnesota state appeals court revived a property owner's $1.5 million bid for additional coverage over a building fire, finding Monday that while state law and the owner's State Farm policy required it to sue within two years of the loss, that requirement didn't extend to the owner's appraisal demand.
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December 16, 2024
Colo. Justices Revoke Decision On Eviction Jury Trials
The Colorado Supreme Court on Monday rescinded its October ruling that tenants facing eviction are entitled to jury trials if there are factual disputes, after a tenant revealed in her rehearing petition that she was sent an eviction notice in the mail and wasn't personally served.
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December 16, 2024
SEC Wants Out Of PE Firm's 'Fishing Expedition' Suit
The U.S. Securities and Exchange Commission has asked a Texas federal judge to toss a suit brought by a real estate-focused private equity fund alleging the SEC subjected it to an unconstitutional "fishing expedition" outside its regulatory purview, arguing that sovereign immunity bars the firm's claims and that the court has no jurisdiction over the case.
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December 16, 2024
Blindsided Developer Says $112K Legal Bill Should Be $25K
A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.
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December 16, 2024
Ex-Top Aide To NYC Mayor Denies Guilt As Indictment Looms
A former top adviser to New York City Mayor Eric Adams professed innocence Monday as she braced for state criminal charges related to allegedly improper gifts.
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December 16, 2024
NYC Real Estate Week In Review
Jeffrey Zwick & Associates PC and Hirschen Singer & Epstein LLP are among the firms that landed work on the largest New York City real estate deals that hit public records last week, with transactions in Manhattan and the Bronx leading the way.
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December 16, 2024
What They're Saying About South Florida Real Estate
As 2024 comes to a close, Law360 Real Estate Authority checked in with attorneys, developers, brokers and other professionals to gather their views on what the year meant for the South Florida market and what they anticipate for 2025.
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December 16, 2024
High Court Won't Hear Wisconsin Takings Case
The U.S. Supreme Court declined Monday to consider claims that federal courts wrongly shut the door on constitutional takings claims from two residents of Mount Pleasant, Wisconsin, whose properties were taken to make way for a Foxconn Technology Group plant.
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December 13, 2024
5th Circ. Revives Challenge To Dallas Flood Project
A Texas federal judge jumped the gun dismissing two Dallas property owners' claims that the U.S. Army Corps of Engineers has failed to fully analyze the potential impacts of a flood control project in the city, a Fifth Circuit panel said Friday.
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December 13, 2024
Kluger Kaplan Shifting To Bigger Space In Miami Office Tower
Kluger Kaplan Silverman Katzen Levine PL renewed its lease for the 34-story Citigroup Center in downtown Miami, and also plans to move to a new 17,757-square-foot office space within the Class A office tower in the second quarter of 2025, the Citigroup Center announced Friday.
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December 13, 2024
NYC Hospital System Wants Out Of REIT's $50M Campus Suit
The New York City Health and Hospitals Corp. and the New York City Economic Development Corp. asked a New York federal court Friday to dismiss a $50 million suit that accused them of being misleading when it came to the development of a floodwall that's supposed to be part of a commercial life sciences campus project.
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December 13, 2024
Conn. Stadium Bidder Can't Pursue 'Sham' Process Claims
An unsuccessful bidder for the redevelopment of Trinity Health Stadium in Hartford, Connecticut, lacks standing to carry on a 56-count lawsuit against 19 defendants that it accused of executing a "sham" process, a state appeals court ruled Friday.
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December 13, 2024
Gibson Dunn Adds Real Estate Atty Focused On Data Centers
Gibson Dunn & Crutcher LLP said Dec. 12 that it's brought on a real estate and digital infrastructure lawyer who represents the owners and operators of data centers as the rise of artificial intelligence fuels surging demand for such facilities.
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December 13, 2024
Trio Lands $600M Loan For Data Center Development
Three companies developing a 50-megawatt build-to-suit data center in northern Virginia obtained a $600 million loan that was arranged by Newmark Group Inc., the commercial real estate adviser announced Friday.
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December 13, 2024
Mystery Lawyer Guides $140M Ex-Con Landlord Loan Deal
Most attorneys take a victory lap after sealing a nine-figure real estate deal, but when Dalan Real Estate purchased a roughly $140 million New York City loan portfolio from Axos Bank comprising loans backed by a notorious landlord's properties, the lawyer who represented the bank was nowhere to be found.
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December 13, 2024
New York Firms Whiteman Osterman, Nolan Heller Merge
New York law firm Whiteman Osterman & Hanna LLP announced Thursday a merger with business firm Nolan Heller Kauffman LLP that will bring 113 attorneys under the Whiteman Osterman name.
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December 13, 2024
Fight Over $40M Discount For Boston Casino Headed To Trial
A Massachusetts judge declined to toss allegations that Wynn Resorts lied to a landowner to secure a $40 million discount on real estate where the company built the Encore Boston Harbor casino, teeing up a bench trial in the case.
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December 12, 2024
Pawnbroker Pleads Guilty To Bribing Ex-Newark Deputy Mayor
A Garden State pawnbroker and jeweler admitted in New Jersey federal court Thursday that he took part in a bribery scheme to influence a former Newark official regarding the acquisition and redevelopment of city-owned properties.
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December 12, 2024
Ch. 7 Trustee Must Explain $200M Holdback Bid, Court Told
The owner of two bankrupt real estate companies has asked a Connecticut state court for permission to question the Chapter 7 trustee who wants a $200 million placeholder in connection with a shareholder's derivative claims, arguing the trustee must detail his allegations of the owner diverting millions to other business interests.
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December 12, 2024
11th Circ. Won't Rehear Guatemala Power Plant Fight
The Eleventh Circuit will not reconsider its decision refusing to vacate an arbitral award issued following an ill-fated Guatemalan power plant construction project, rejecting arguments that the tribunal improperly turned a blind eye to alleged corruption underlying the project.
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December 12, 2024
JLL Predicts CRE Supply Shortages, An Office Pivot In 2025
Supply shortages will be the name of the game across nearly every commercial real estate asset class in 2025, lending an advantage to early movers as transaction activity begins to heat up again, per a December report from JLL on commercial real estate trends in 2025.
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December 12, 2024
Cannabis Shops Ask DC Judge To Halt Store Shutdowns
A coalition of Washington, D.C.-based recreational marijuana shops is asking a D.C. federal judge to put a stop to district regulators' enforcement actions against their stores, saying the businesses face "imminent destruction" absent an injunction.
Expert Analysis
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SEC Climate Rules Create Unique Challenges For CRE
The U.S. Securities and Exchange Commission's recently adopted final rules concerning climate-related disclosures for public companies are likely to affect even real estate companies that are not publicly traded, since they may be required to provide information to entities that are subject to the rules, says Laura Truesdale at Moore & Van Allen.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.
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How Retail Tenants Can Avoid Paying Rent Prematurely
When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
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Payment Provision Lessons From NJ Construction Ruling
A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.
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A Legal Playbook For Stadium Construction Agreements
As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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How FinCEN Proposal Expands RE Transaction Obligations
Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.
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Unpacking FinCEN's Proposed Real Estate Transaction Rule
Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.