Commercial

  • May 31, 2024

    Texas Justices To Take On Parking Garage Easement Suit

    The Texas Supreme Court agreed Friday to review a Texas appellate court's decision granting judgment to a garage owner who refused to allow the tenants and employees of a downtown office building continue parking in the garage despite a written parking easement.

  • May 31, 2024

    9th Circ. Says LA's COVID-19 Eviction Ban Was No Taking

    The Ninth Circuit on Friday declined to reinstate a Los Angeles landlord's $100 million suit challenging the city's pandemic-era eviction ban, finding it didn't constitute a physical taking since the landlord "voluntarily opened" his property to tenants, and that loss of rental income itself doesn't establish a governmental taking.

  • May 31, 2024

    Healthcare REIT Closes $120M Loan For 8-Property Portfolio

    Diversified Healthcare Trust has finalized a deal for a 10-year, interest-only $120 million mortgage loan that's secured by eight of its properties located in seven states, the healthcare-focused real estate investment trust announced.

  • May 31, 2024

    IRS Can Seek Tax Beyond Bankruptcy Deal, 11th Circ. Affirms

    A deal between the IRS and an Alabama real estate developer to settle his tax debt for $2 million during Chapter 11 bankruptcy proceedings wasn't final, and the agency can demand additional taxes from him, the Eleventh Circuit affirmed Friday.

  • May 31, 2024

    Kirkland Guides Town Lane To $1.25B Debut Real Estate Fund

    Kirkland & Ellis LLP advised the close of an inaugural, $1.25 billion fund for Town Lane, a real estate firm founded by a brother-sister duo with decades of combined experience at Blackstone and Sycamore Partners, according to a Friday news release.

  • May 31, 2024

    Contractor, Insurers Settle NYC Four Seasons Coverage Row

    A New York federal judge dismissed a general contractor's suit seeking coverage from two insurers for an underlying $1 million action over damage to a Four Seasons hotel in midtown Manhattan, saying the parties have reached a proposed settlement.

  • May 31, 2024

    Atty Gets 2nd Suspension Over Sale Of $1.6M Painting

    The Florida Supreme Court approved a one-year suspension for a New Jersey-based attorney and real estate developer this week who pled guilty to smuggling a $1.6 million painting out of his house in 2013 to avoid an asset sale.

  • May 31, 2024

    Phoenix Office Activity Down Annually In Q1, CBRE Says

    The Phoenix area's office market notched negative absorption again in the first quarter of 2024, with vacancy rates remaining high and total leasing activity down on an annual basis, according to a CBRE report.

  • May 31, 2024

    WeWork's Winding Road Through Bankruptcy Court

    Office space provider WeWork won approval for its $4 billion Chapter 11 reorganization plan Thursday, overcoming opposition from landlords, unsecured creditors and its own founder to emerge debt-free under new equity ownership. 

  • May 30, 2024

    Only One Landlord Allowed To Duck DC RealPage Suit

    One of several landlords that stands accused by the District of Columbia of using property management platform RealPage to fix the price of rentals has managed to convince a D.C. Superior Court judge to kibosh the claims against the real estate investment trust permanently.

  • May 30, 2024

    Defendant Dropped From Calif. Broker Commissions Case

    A California federal judge has dismissed a multiple listing service from a proposed antitrust class action that accused the service and several real estate brokerages of engaging in a conspiracy to artificially inflate buyer broker commissions on home sales.

  • May 30, 2024

    Curaçao Expropriation Suit Tossed Over Sovereign Immunity

    A D.C. federal judge on Thursday tossed an Iranian American women's rights activist's $110 million suit accusing Curaçao's banking regulator of unlawfully seizing her stake in a $700 million investment company, saying the regulator has sovereign immunity and that, in any case, no expropriation had taken place.

  • May 30, 2024

    Only $100K Owed For NJ Theater's Virus Losses, Judge Says

    A Zurich unit owed a theater only $100,000 for its COVID-19-related losses under its policy's communicable disease coverage provision, a New Jersey federal court ruled, rejecting the theater's arguments that each public health order constituted a separate occurrence and that a "blanket" $1.9 million limit was applicable.

  • May 30, 2024

    Judge Finds US Owns Fla. Island In Long-Running Dispute

    A federal judge ruled that the government owns a vacant island off the harbor of Key West, Florida, in rejecting a developer's long-running claim to title, finding that the U.S. Navy has used the site as a buffer from forces such as hurricanes and private development.

  • May 30, 2024

    AECOM Joins Team For NBA Arena, Resort On Vegas Strip

    Developer LVXP said it has tapped AECOM to assist in a planned NBA-ready arena anchoring a 27-acre site with a luxury resort and casino on the Las Vegas Strip.

  • May 30, 2024

    RFR Execs Face $16M Manhattan Office Loan Suit

    The lender behind the senior and junior mezzanine loans tied to a New York City office property filed suit in state court against the two principals of real estate investment firm RFR, saying the pair are on the hook for a combined $16.6 million after the borrower defaulted.

  • May 30, 2024

    Jersey Shore Motel Loses Condemnation Fight With Town

    A New Jersey borough properly used eminent domain to take over a local 50-room motel where it plans to provide parking and electric vehicle charging, a New Jersey appellate panel ruled.

  • May 30, 2024

    WeWork Gets OK For $4B Chapter 11 Plan

    A New Jersey bankruptcy judge on Thursday approved office space provider WeWork's plan to wipe out $4 billion in debt and end its Chapter 11 case after hearing there were no remaining creditor objections.

  • May 29, 2024

    NC State Is Blocking Probe Of PCBs In Building, Court Told

    North Carolina State University is trying to exploit the judicial process in order to destroy evidence of building contamination, a cancer-stricken professor told a state appeals court Tuesday in a bid to advance plans for a carcinogen inspection.

  • May 29, 2024

    CBRE Wants Would-Be Property Buyer's Suit Trimmed

    CBRE Inc. urged an Iowa federal court to toss a professional negligence claim in a real estate investment firm's $10.3 million suit over a failed Iowa property deal, arguing that, as a real estate brokerage, it wasn't obligated to tell the firm about a competing buyer.

  • May 29, 2024

    Tremont Chicago Hotel Reaches Agreement With Lender

    A defunct hotel near Chicago's commercial center has reached an agreement with its senior secured creditor, resolving its request to dismiss the case or lift the Chapter 11 automatic stay while reserving the right to revisit the stay under some circumstances.

  • May 29, 2024

    2nd Circ. Judge Weighs Sanctioning NYC In Rent Law Case

    A Second Circuit judge on Wednesday pressed an attorney for New York City on why the city should not be sanctioned for bringing up a jurisdictional challenge to a landlord's suit over a pandemic-era guaranty law at the "11th hour" of proceedings, after the city had lost in previous rulings.

  • May 29, 2024

    7 Courthouse Facelifts Funded By The $1.2T Spending Bill

    Seven federal courthouses across the U.S. and Puerto Rico are receiving funds for upgrades or construction as part of Congress' latest $1.2 trillion spending package, and security and seismic concerns are top of mind at many of the buildings selected.

  • May 29, 2024

    Gibson Dunn, Cleary Advise $120M Luxury Retail Buy

    A Florida real estate investment firm has closed on $120 million in financing for its discount acquisition of a luxury retail building at 680 Madison Ave. in New York, in a transaction advised by Gibson Dunn & Crutcher LLP and Cleary Gottlieb Steen & Hamilton LLP.

  • May 29, 2024

    3 Firms Guide Blackstone's $768M Hawaii Resort Deal

    Simpson Thacher & Bartlett LLP, Arnold & Porter Kaye Scholer LLP and Cades Schutte LLP guided Blackstone Real Estate's $725 million sale of a Hawaii resort and the simultaneous $43 million sale of an adjacent 65-acre parcel, according to a statement from the seller Wednesday.

Expert Analysis

  • Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • 5 Traps To Avoid When Selling CRE In Las Vegas Area

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    When dealing with commercial real estate in Clark County, Nevada — which includes the Las Vegas metro area — even sophisticated sellers may be ensnared by a myriad of tricky issues, ranging from transfer tax nuances to arbitration laws, says Chris Walther at Fennemore Craig.

  • 'Brownfields' Definition Key To Energy Community Tax Credits

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    As the IRS rolls out guidance for claiming community energy tax credits under the Inflation Reduction Act, a review of the long-standing statutory definition of "brownfields" reveals that it continues to serve the goal of creating opportunities for investment in abandoned properties, says Louise Dyble at Sheppard Mullin.

  • Why Courts Are Nixing Insurer Defense Recoupment Claims

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    Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.

  • The SEC's Cooled Down But Still Spicy Private Fund Rules

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    Timothy Spangler and Lindsay Trapp at Dechert consider recently finalized U.S. Securities and Exchange Commission rules, which significantly alter the scope of obligations private fund advisers must meet under the Investment Advisers Act, noting the absence of several contentious proposals and litigation that could result in implementation delays.

  • Trump NY Fraud Trial Shows Civil, Criminal Case Differences

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    Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.

  • A Year-End Look At Florida's Capital Investment Tax Credit

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    Notwithstanding the Walt Disney Co.’s feud with Gov. Ron DeSantis this year, Florida's capital investment tax credit will continue to make the state a favored destination for large corporations, particularly in light of the new federal alternative minimum tax and the Pillar Two top-up tax, says Alan Lederman at Gunster.

  • Crypto Has Democratized Trading In Bankruptcy Claims

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    Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.

  • Paths Forward For RE Buyers In Turbulent Market Conditions

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    Real estate borrowers are facing significant challenges in financing new acquisitions or developments amid escalating interest rates, but opportunistic debt funds may be able to help bridge through the present environment, say Jon Gallant and Jared Hodges at Knowles Gallant.

  • DC Ruling Provides Support For Builders Risk Claim Recovery

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    To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.

  • What NJ's Green Remediation Guidance Means For Cleanups

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    Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • Inside Bank Regulators' Community Lending Law Overhaul

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    The federal banking agencies' recently finalized changes to the Community Reinvestment Act not only account for the gradual shift to an environment where lending and deposit-taking are primarily conducted online, but also implement other updates such as diversity initiatives and a new series of lending tests, say attorneys at Norton Rose.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.