Commercial

  • 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.

  • December 17, 2024

    Barings Lends $115M To Refinance Boston Harbor Hotel

    Real estate investment manager Barings provided a $115 million loan to a three-company joint-venture owned by private equity firm Rockpoint, hospitality operator Highgate and hotel asset manager hotelAve to refinance a hotel in Boston, according to a Tuesday announcement.

  • December 17, 2024

    NYC Mayor Must Face Bribery Charge For Turkish Travel Perks

    A Manhattan federal judge on Tuesday rejected New York City Mayor Eric Adams' request to dismiss the bribery charge from his indictment, finding that prosecutors clearly alleged a corrupt bargain with Turkish government agents to receive lavish travel perks.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Dealmaker Lessons From CFIUS' New Enforcement Webpage

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    The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.

  • Reassessing Lease Provisions To Account For ESG Initiatives

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    As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.

  • Avoid Getting Burned By Agencies' Solar Financing Spotlight

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    Recently coordinated reports and advisories from the U.S. Department of the Treasury, the Consumer Financial Protection Bureau and the Federal Trade Commission maximize the spotlight on the consumer solar financing market and highlight pitfalls for lenders to avoid in this burgeoning field, says Mercedes Tunstall at Cadwalader.

  • Co-Tenancy Clause Pointers For Shopping Center Landlords

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    Large retail tenants often require co-tenancy provisions in their leases, entitling them to remedies if a shopping center's occupancy drops in certain ways, but landlords must draft these provisions carefully to avoid giving tenants too much control, says Gary Glick at Cox Castle.

  • Assessing Algorithmic Versus Generative AI Pricing Tools

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    A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.

  • Navigating A Potpourri Of Possible Transparency Act Pitfalls

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    Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.

  • Keys To Successful Commercial Property Insurance Claims

    Excerpt from Practical Guidance
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    While insurance needs for commercial leasing arrangements are driven by the characteristics of the premises and the nature of the tenants' intended operations, there are several universal best practices landlords and their counsel can follow when making claims after loss or damage.

  • Tips For Handling Single Asset Real Estate Bankruptcy Cases

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    Bankruptcy counsel should consider several strategies when representing either a debtor or lender in single asset real estate debtor Chapter 11 cases, which generally arise when a debtor is forced to file for relief to stop an impending foreclosure sale.

  • Increased Scrutiny Raises Int'l Real Estate Transaction Risks

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    Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.

  • Portland's Gross Receipts Tax Oversteps City's Authority

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    Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Brownfield Questions Surround IRS Tax Credit Bonus

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    Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.