Commercial

  • December 23, 2024

    Top Commercial Real Estate Q&As From 2024's Second Half

    Check out the top commercial real estate Q&As that ran during the second half of 2024, with real estate attorneys and experts reflecting on topics like the investment environment, distressed debt and the future of mall redevelopment.

  • December 20, 2024

    Proskauer Beats DQ Bid In NJ Hospital Antitrust Fight

    A New Jersey federal judge refused to disqualify Proskauer Rose LLP from defending healthcare network RWJBarnabas Health Inc. in an antitrust lawsuit brought by competitor CarePoint Health Management Associates LLC, saying the present case wasn't substantially related to work the law firm previously did for CarePoint.

  • December 20, 2024

    Fla. Judge Orders Ky. Tower Sale Laundering Case To Proceed

    A Florida federal judge denied a request by two Miami businessmen to toss a civil forfeiture lawsuit brought by the U.S. government in an attempt to seize $9.1 million from the sale of a Kentucky office tower with alleged links to a Ukrainian money laundering scheme.

  • December 20, 2024

    Feds Rip Atty For NYC Mayor Over Press Statements

    Prosecutors told a Manhattan federal judge Friday that New York City Mayor Eric Adams' lawyer has violated local court rules by making comments to the press that deride their bribery and corruption case against the mayor as a "contrived" effort to tarnish his reputation.

  • December 20, 2024

    Feds, Osage Nation Score Damages Win In Wind Farm Suit

    An Oklahoma federal judge has ended a decade of litigation involving the Osage Nation, the U.S. government and Enel Green Power North America, ordering the company to pay more than $300,000 in damages and attorney fees and to remove 84 wind turbines from the tribe's reservation.

  • December 20, 2024

    Biggest Colorado Decisions Of 2024

    The Colorado Supreme Court shocked legal experts in 2024 when it walked back a landmark tenants rights ruling based on a technicality. In another case, three justices called for the elimination of peremptory challenges in order to address racial bias in jury selection. Here's a look at some of the biggest Colorado decisions of the year.

  • December 20, 2024

    NJ Atty Says RICO Case Only Alleges He Acted As Lawyer

    New Jersey attorney William Tambussi has slammed the Garden State's response to his bid to toss charges against him in the state's sweeping indictment against power broker George E. Norcross III, claiming it does not show how his routine legal work constitutes a crime.

  • December 20, 2024

    Calif. Appeals Court Upends Arbitration Denial In OT Suit

    A California appeals court partially reversed a ruling that real estate company CoStar cannot arbitrate a proposed class action accusing it of failing to pay workers overtime, finding the arbitration agreement is only unenforceable as to claims brought under the state's Private Attorneys General Act.

  • December 20, 2024

    Ga. Real Estate Law Firm Adds 3 New Attys

    Georgia real estate law firm GSH Attorneys said Friday that it has brought on three attorneys to the same number of its offices around the state.

  • December 20, 2024

    Hill Ward Henderson Adds Ex-Pinellas Park City Attorney

    A former Denhardt and Rubenstein partner who served as the city attorney for Pinellas Park, Florida, as well as a special magistrate in Pinellas County has jumped to Hill Ward Henderson.

  • December 19, 2024

    Calif. High Court Sides With Jo-Ann In Co-Tenancy Dispute

    The California Supreme Court on Thursday unanimously upheld the enforceability of a Jo-Ann Stores LLC co-tenancy provision allowing the fabric and craft chain to pay reduced rent at a Sacramento-area location because the mall doesn't have either 60% of space leased or three anchor tenants.

  • December 19, 2024

    Feds Fight Calif. Tribe's Bid To Block Casino Trust Order

    The federal government is fighting a bid by a California tribe to block the U.S. Department of the Interior from approving a casino project on its historic homelands, arguing that it has not yet identified any irreparable harm that would justify a temporary restraining order.

  • December 19, 2024

    State And Federal Insurance Regulations To Watch For In 2025

    The insurance market will likely face regulatory challenges and opportunities in 2025 as regulators on the state and federal level gear up to reverse major trends and tackle emerging developments. Here, Law360 looks at a few key pieces of regulation and regulatory areas that will be closely watched by the insurance industry.

  • December 19, 2024

    Casinos Say DOJ Has No 'Starting Point' For Room Rates

    Las Vegas casino hotels urged the Ninth Circuit on Wednesday not to revive the first algorithmic price-fixing case to reach an appeals court, in a brief that took direct aim at the Justice Department's amicus intervention in the room rate lawsuit.

  • December 19, 2024

    New Jersey Power Broker Says RICO Case Isn't Fit For Jury

    Defendants dubbed the "Norcross Enterprise" are fighting back against New Jersey Attorney General Matthew Platkin's assertion that their bid to toss a criminal indictment accusing them of engaging in a sprawling racketeering scheme is out of place, claiming the state misunderstands the roles of judge and jury.

  • December 19, 2024

    NYC Mayor Says Indictment Lacks Detail, Hampering Defense

    New York City Mayor Eric Adams told a Manhattan federal judge that the bribery and corruption charges against him are vague as to what he allegedly agreed to do and who he agreed to do it with, hindering his ability to defend himself.

  • December 18, 2024

    Yellow Corp. Gets Del. Court OK For Ch. 11 Asset, Lease Sales

    Bankrupt trucking venture Yellow Corp. secured a Delaware judge's approval Wednesday for a $192.5 million series of deals to sell or lease a dozen properties owned or leased by Yellow in California, Miami, Ohio and other states.

  • December 18, 2024

    Insurers Say Arbitration Is Proper In $7M Ida Damage Suit

    A group of international and domestic insurers asked a Louisiana federal judge to keep in place an order to arbitrate a $7 million Hurricane Ida damage claim, disputing a property owner's argument that state law has a say in the matter.

  • December 18, 2024

    Real Estate In 2024 By The Numbers

    Rising office delinquencies and falling interest rates are among the key changes the commercial real estate market experienced in 2024.

  • December 18, 2024

    11th Circ. Considers Reviving Developer's I-20 Truck Stop Suit

    A Georgia property owner and his company urged the Eleventh Circuit on Wednesday to revive their suit challenging a Rockdale County ordinance that thwarted plans for a new QuikTrip truck stop near Interstate 20.

  • December 18, 2024

    Ex-Ulta Beauty Atty Returns To Quarles & Brady As Partner

    National firm Quarles & Brady LLP has added the former assistant general counsel of Ulta Beauty to bolster its real estate practice group and efforts to advise its commercial real estate industry clients.

  • December 18, 2024

    Yale Eyes Quick Win In $435M Conn. Hospital Purchase Suit

    Yale New Haven Health Services Corp. has asked a Connecticut state court judge for permission to file a summary judgment motion in a feud with Prospect Medical Holdings Inc. over the sale of several hospitals in the state, saying Prospect's "stunning" failure to fund pensions and pay taxes resulted in property liens that breached the $435 million deal.

  • December 17, 2024

    2nd Circ. Says Sears Trustee Can Keep Mall Of America Lease

    The Second Circuit has upheld a district court order obliging the return of bankrupt Sears Holding Corp.'s lease in Minnesota's Mall of America to SHC's liquidating trustee, finding in part the mall's earlier lease was not a "true" contract.

  • December 17, 2024

    Hunton Adds Ex-Flagstar Atty To NYC Office

    Hunton Andrews Kurth LLP announced on Tuesday it has hired ex-Flagstar Bank senior vice president and associate general counsel Ian W. Sterling for its New York City office as a special counsel who specializes in structured finance and securitization.

  • December 17, 2024

    Seattle, Solar Group Sue To Block Natural Gas Ballot Initiative

    The city of Seattle and solar industry and environmental groups have sued the state of Washington to preserve municipalities' ability to curb natural gas use in new buildings, arguing a voter-approved measure blocking that power had unrelated provisions that made it unconstitutional.

Expert Analysis

  • A Look At New IRS Rules For Domestically Controlled REITs

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    The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.

  • How New Rule Would Change CFIUS Enforcement Powers

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    Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.

  • 2nd Circ. Eminent Domain Ruling Empowers Municipalities

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    The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.

  • SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • How Cos. Can Comply With New PFAS Superfund Rule

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    The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

  • Bankruptcy Ruling Shifts Lease Rejection Claim Calculation

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    A New York federal court’s recent ruling in In re: Cortlandt provides guidance on how to calculate a landlord's damages claim when a bankruptcy debtor rejects a lease, changing from an approach that considers the remaining rent due under the lease to one that considers the remaining time, say Bethany Simmons and Noah Weingarten at Loeb & Loeb.

  • What Calif. Eviction Ruling Means For Defaulting Borrowers

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    A California appellate court's recent decision in Homeward Opportunities v. Taptelis found that a defaulting borrower could not delay foreclosure with an improperly served notice of pendency of action, but leaves open a possibility for borrowers to delay eviction proceedings merely by filing lawsuits, say Anne Beehler and Krystal Anderson at Holland & Knight.

  • How 3D Printing And Prefab Are Changing Construction

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    The growing popularity of trends like 3D printing technology and prefabrication in the construction industry have positive ramifications ranging from reducing risks at project sites to streamlining construction schedules, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • A Deep Dive Into High Court's Permit Fee Ruling

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    David Robinson and Daniel Golub at Holland & Knight explore the U.S. Supreme Court's recent ruling that a local traffic impact fee charged to a California property owner may be a Fifth Amendment taking — and where it leaves localities and real estate developers.

  • What To Consider When Buying RE Promissory Notes

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    In light of recent distress in the real estate market, note purchases — in which an investor buys a promissory note and mortgage rather than actual property — can be a worthwhile alternative to traditional investments, but require careful contemplation of unique risks and strategic considerations, say Douglas Praw and Katelyn DeMartini at Holland & Knight.

  • Consider 2 Alternative Exit Plans In RE Distress Scenarios

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    In the face of an impending wave of foreclosures, lenders and borrowers alike should consider two exit strategies — deed-in-lieu of foreclosure and consent foreclosure — that can mitigate potential costs and diminution in property value that could be incurred during a lengthy proceeding, say attorneys at BCLP.