Commercial

  • May 20, 2024

    CoStar, Hotel Giants Defend Benchmarking In Price-Fixing Suit

    CoStar Group Inc. and a contingent of big-name hotels have asked a Washington federal judge to toss an antitrust lawsuit claiming the hotel operators share industry analytics to inflate luxury hotel room prices, arguing the proposed class action is riddled with legal defects.

  • May 20, 2024

    Mich. Town Hit With $5M Suit Over Weed Dispensary Flip-Flop

    A marijuana retail store developer has sued a Michigan township in federal court, alleging the township violated the state's zoning enabling act and cost it more than $5 million by unconstitutionally blocking its special-use permit to develop a dispensary after initially greenlighting the development.

  • May 20, 2024

    10th Circ. Oral Args. Poised To Shape NM Pollution Coverage

    The Tenth Circuit said there were "good arguments on both sides" of an appeal at oral arguments Monday over whether absolute pollution exclusions doomed a New Mexico property owner's quest for defense coverage of underlying contamination litigation, in a case that could set the tone for insurance battles in the state.

  • May 20, 2024

    Mich. Town Can't Block $2B Battery Plant, Judge Rules

    A Michigan federal judge has ordered that Green Charter Township can't prevent Gotion Inc.'s upcoming battery components plant, in which the company plans on investing more than $2 billion, from moving forward.

  • May 20, 2024

    EPA Touts Brownfield Grants In Visit To Polluted Philly Site

    Biden administration officials visited a riverfront site in Philadelphia where the city is using federal support to clean up contamination and add amenities, as they promoted $3 million in U.S. Environmental Protection Agency support to four New Jersey communities.

  • May 20, 2024

    Ga. Court Sends Fatal Restaurant Shooting Suit To Trial

    The Georgia Court of Appeals on Monday said a lawsuit against an Atlanta-area restaurant and its security company over a 2016 shooting on the premises should proceed to trial.

  • May 20, 2024

    Wyndham Wants Out Of Pa. Hotel's Labor Trafficking Case

    Wyndham Hotels & Resorts argued to a federal court Monday it could not be plausibly alleged the chain knew or could have known that its former franchisee at a New Stanton, Pennsylvania, Days Inn was exploiting laborers in a room-for-hire scheme, and so it should be dismissed from the laborers' lawsuit.

  • May 20, 2024

    Kirkland Steers King Street Stake Buy In Data Center Co.

    King Street Capital Management LP, represented by Kirkland & Ellis LLP, has purchased a majority ownership stake in Silicon Valley data center operator Colovore LLC, the global investment firm announced Monday.

  • May 20, 2024

    NYC Real Estate Week In Review

    Davis Polk and Zegans Law were among the firms that handled the largest New York City real estate deals that hit public records last week, a slow period that saw only four deals at or above the $15 million mark.

  • May 20, 2024

    Latham Adds Former Chief Legal Officer Of REIT In NY

    Latham & Watkins LLP announced Monday that the former chief legal officer for real estate investment trust Safehold Inc. has joined the firm's New York office as a partner in the real estate practice.

  • May 20, 2024

    Simpson Thacher Leads Blackstone In $705M Biltmore Sale

    Blackstone said Monday it has closed the sale of the Arizona Biltmore in Phoenix to private equity real estate firm Henderson Park for $705 million, confirming January reports that the transaction was under contract and revealing Simpson Thacher & Bartlett LLP and Jones Day as counsel behind the deal.

  • May 17, 2024

    Utah, Farm Groups Ask To Reopen Bears Ears Monument Suit

    The state of Utah and two farming associations have asked a D.C. federal court to lift a more than three-year stay in a tribal case over the Bears Ears National Monument, saying the case is now moot and another monument case is pending before the Tenth Circuit.

  • May 17, 2024

    RedBird Flags Brookfield 'Gamesmanship' In Chancery Suit

    Private investment firm RedBird Capital Partners has urged Delaware's Court of Chancery to strike unauthorized motions by Brookfield Infrastructure Partners seeking dismissal of a RedBird suit to recover a $150 million escrow included in a $5.7 billion sale of data centers to Brookfield affiliates last year.

  • May 17, 2024

    Ohio School Board Can't Appeal Property Value To Court

    An Ohio school board is prohibited from appealing a board of revision's valuation of a property that the school board didn't own to a court of common pleas, a state appeals court ruled.

  • May 17, 2024

    Office Vacancies, Distress Persist In First Quarter

    Vacancy rates in the U.S. office market kept rising in the first quarter, with renewing tenants taking up less space since a rise in hybrid and remote work following the pandemic, according to a Colliers report.

  • May 17, 2024

    Pot Co. Can Amend Complaint Or Reply To Dismissal Motion

    A Michigan federal judge has given a cannabis company three weeks to either amend its complaint against a former business partner or respond to a motion to dismiss its claims that the former business partner sabotaged a project by convincing investors to put their money elsewhere.

  • May 17, 2024

    North Carolina County Picked For $100M Driving Resort

    A local developer is pursuing plans to build a $100 million luxury resort geared around cars that will include a 3-mile driving course linking condos on a 400-acre property in Moore County, North Carolina.

  • May 17, 2024

    Texas Justices Side With Car Dealership In Lease Dispute

    The Supreme Court of Texas reversed and remanded a landlord's win against its former car dealership tenant, ruling Friday that the dealership's $1.3 million jury verdict wasn't upended when it gave up its appeal of a separate eviction suit.

  • May 17, 2024

    Real Estate Software Startup Agora Nabs $34M In Series B

    Real estate software company Agora has raised $34 million in Series B funding, which will help it expand more quickly and enhance its investment management software products, the company announced on May 16.

  • May 17, 2024

    JPMorgan Trust Inks $48M JV For Queens Retail Center

    JPMorgan Real Estate Income Trust forked over $48 million for a 95% interest in a New York City shopping center, in a joint venture with Acadia Realty Trust, the bank announced.

  • May 17, 2024

    Blank Rome Advises On $200M Mortgage Loan For NYC Tower

    Blank Rome LLP advised on a mortgage loan deal where an entity connected to real estate company The Gotham Organization borrowed more than $200 million from Wells Fargo for a residential mixed-use tower on Manhattan's Lower East Side, according to official property records.

  • May 16, 2024

    Inside Proxy Fight That (Briefly) Ousted Hotel REIT Exec

    Here, Law360 Real Estate Authority recounts the litigious proxy fight following a failed purchase offer from an activist investor questioning the relationship of two Texas real estate investment trusts, which led to the chairman and a director being ousted for a matter of hours before being reappointed.

  • May 16, 2024

    Funko Beats Investor Suit Over Warehouse Move For Now

    Toy company Funko Inc. on Thursday beat a proposed investor class action alleging it failed to disclose accurate information about problems relocating a distribution center and updating critical software, with a Washington federal judge saying the investors have failed to prove the company's statements were false or misleading, among other things.

  • May 16, 2024

    NJ Lets Some School Districts Hike Property Taxes Above Cap

    New Jersey will allow school districts that experienced cuts in state school aid to request increases in local property tax levies above previously permitted amounts without voter approval under a bill signed by Gov. Phil Murphy.

  • May 16, 2024

    CBRE Biz's Software Liable For NY Sales Tax, Judge Rules

    A facilities management business owned by CBRE is liable for New York sales tax on its bundled services, which included sales of prewritten software, an administrative law judge said in a determination released Thursday.

Expert Analysis

  • Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • 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.

  • Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 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.

  • Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • SEC Climate Rules Create Unique Challenges For CRE

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    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.

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    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.

  • How Retail Tenants Can Avoid Paying Rent Prematurely

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    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.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    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.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    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.