Commercial

  • May 01, 2024

    Venues Ask 2nd Circ. For Cover From NYC XXX Rules

    A group of adult entertainment companies told the Second Circuit that a New York judge overlooked free speech harms and procedural hurdles in upholding a set of 2001 rules limiting where they can do business.

  • May 01, 2024

    NJ Atty Fights 'Hare-Brained' Malpractice Claims In RE Dispute

    A suspended New Jersey attorney is seeking summary judgment and sanctions for a "hare-brained" attempt by Chaitman LLP to mount a third-party complaint holding him liable for allegedly providing bad legal advice that prompted a malpractice case between Chaitman and former clients.

  • May 01, 2024

    DLA Piper Adds Ex-Sidley Atty To New Funds Team

    DLA Piper on Tuesday announced another addition to its newly formed stand-alone investment funds group, this time a former Sidley Austin LLP partner focused on advising private funds sponsors.

  • May 01, 2024

    Public Storage Sees Signs Of Growth Amid Slowdown

    Public Storage executives said Wednesday that they are seeing some revenue growth in certain markets and expressed optimism about the second half of the year, while the company continues facing a comedown from its record-high performance during the pandemic.

  • May 01, 2024

    Tax Credit Transfer Regs Show IRS Caution In Rulemaking

    The IRS and Treasury's final rules on the sale and transfer of green energy credits maintained a strict reading of the statute while making few changes, a sign of caution by regulators amid judicial scrutiny of the government's rulemaking authority.

  • May 01, 2024

    ​​​​​​​Blackstone's Chicago Bet Backfires Post-Pandemic

    In the first in a series of stories on distressed office properties in various U.S. markets, Law360 Real Estate Authority looks at the rise and fall of one Blackstone property in Chicago.

  • May 01, 2024

    What Attys Are Saying About The PFAS CERCLA Designation

    In the days since the Environmental Protection Agency classified two "forever chemicals" as hazardous, real estate and environmental attorneys have been analyzing how the move applies to their work.

  • May 01, 2024

    Real Estate Authority Is Moving To Thursday

    Beginning May 9, Law360 Real Estate Authority's two weekly newsletters — Commercial and Residential — will be distributed Thursday morning.

  • May 01, 2024

    Virginia Still Pursuing New Rules For Key Data Center Market

    None of the bills proposing oversight and restrictions on data center development in Virginia passed this year, but tighter regulations may still be in store for the world's largest market for digital infrastructure facilities after lawmakers see the results of a study that could inform new rules.

  • April 30, 2024

    Ohio Panel Won't Yank Receiver For Foreclosed Hotels

    An Ohio appeals court has backed a lower court's ruling that appointed a receiver to oversee five foreclosed Ohio hotels that were owned by the borrower of a multimillion-dollar loan.

  • April 30, 2024

    Real Estate Leaders Ask Congress For Less Stick, More Carrot

    The federal government should incentivize home construction and office-to-residential conversions, avoid imposing more capital requirement rules on banks and refrain from treating commercial real estate monolithically, industry leaders testified to members of Congress on Tuesday.

  • April 30, 2024

    Ex-Enforcers Back CoStar At 9th Circ. Against Antitrust Claims

    Several former antitrust enforcers told the Ninth Circuit that a lower court was right to toss a rival's claims that CoStar monopolizes commercial real estate information markets despite concerns from the Federal Trade Commission about the allegations.

  • April 30, 2024

    GSA To Dump WWI-Era Liberty Loan Building, Citing Costs

    The U.S. General Services Administration has announced it will be dropping the historic Liberty Loan Building in Washington, D.C., from the government's real estate portfolio, a decision that will save $15 million in reinvestment costs, the agency said.

  • April 30, 2024

    NY Bank Investors Spar Over Bid To Merge, Pause Suits

    New York Community Bancorp Inc. shareholders traded barbs in filings this week over whether a New York federal judge should allow an individual shareholder to intervene in the larger group's attempt to consolidate and stay their derivative shareholder suits against the bank.

  • April 30, 2024

    Goodwin Private Funds Partner Joins Fried Frank In NY

    Fried Frank has announced it hired a New York-based asset management attorney who spent more than a decade at Simpson Thacher & Bartlett LLP and was most recently a partner at Goodwin Procter LLP.

  • April 30, 2024

    Wash. Panel Reverses Hartford Unit Fire Coverage Ruling

    A Washington state appeals court reversed a trial court's ruling that a Hartford unit's policy included coverage for an electrical panel that caused a restaurant fire, instead finding that whether the electrical panel was in the care of the restaurant or its landlord remains disputed.

  • April 30, 2024

    Judge Says $4.5M Davis Wright Deal Should Be Approved

    An Oregon federal magistrate judge has recommended approval of a $4.5 million deal resolving investor claims against Davis Wright Tremaine LLP for its role in endorsing an alleged real estate securities scheme.

  • April 30, 2024

    GRSM50 Moves Oakland Office To Walnut Creek In California

    Gordon Rees Scully Mansukhani LLP has moved its office in Oakland to a new space in Walnut Creek that will accommodate a growing roster and better serve clients across Northern California.

  • April 29, 2024

    Kazakh Businessman Accused Of Stealing Coal Mine

    A Kazakh businessman schemed with the country's government to steal a coal mine, its proceeds, and its assets and laundered the proceeds to buy luxury U.S. real estate worth more than $100 million, according to a suit filed in New York state court.

  • April 29, 2024

    Pomerantz, Glancy Prongay Spar To Lead LexUrban Fraud Suit

    Glancy Prongay & Murray LLP and Pomerantz LLP are vying to represent a proposed class of investors in a New York federal suit against real estate company LuxUrban Hotels, with Glancy Prongay accusing Pomerantz of "cobbl[ing] together" a would-be co-counsel group and Pomerantz defending its proposed lead plaintiffs as a proper "cohesive duo."

  • April 29, 2024

    WeWork Wins Conditional OK Of Ch. 11 Plan Disclosures

    A New Jersey bankruptcy judge gave conditional approval Monday to bankrupt flexible office space company WeWork Inc.'s reorganization plan disclosure statement over the objection of WeWork's former owner Adam Neumann, finding the disclosure contained adequate information.

  • April 29, 2024

    Wash. Solar Co. Will Pay $465K To End Noncompete Suit

    A Washington state judge has given a preliminary nod to a $465,000 settlement to end litigation accusing a residential solar energy equipment company of forcing workers to sign illegal noncompete clauses as a condition of employment.

  • April 29, 2024

    Builders Say State Rulemaking At Stake In Mich. PFAS Case

    A homebuilders' group has backed industrial giant 3M in urging the state's highest court to preserve a lower court ruling wiping out limits on forever chemicals, with a trade group official saying the decision could affect other state agency rulemaking.

  • April 29, 2024

    NYC Real Estate Week In Review

    Davis Polk, Greenberg Traurig and Simpson Thacher are among the law firms that handled the largest New York City real estate deals that hit public records last week, a period that saw two buildings trade for north of $100 million and a four-building portfolio also sell for nine figures.

  • April 29, 2024

    Solar Tech Co. Plans $294M Factory In NC

    Vietnamese solar technology company Boviet Solar will invest $294 million into its upcoming solar panel manufacturing plant in Greenville, North Carolina, the company and the state's governor announced.

Expert Analysis

  • 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.

  • Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'

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    In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.

  • A Bird's Eye View Of NYC's New Parapet Inspection Law

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    Building owners in New York City should be ready for the city's new parapet inspection requirements going into effect in January, which will likely necessitate additional construction work for countless buildings not previously subject to formal inspections, says Benjamin Fox Tracy at Braverman Greenspun.

  • How Fla. Bankruptcy Ruling May Affect Equity Owners

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    A Florida bankruptcy court’s recent ruling in Vital Pharmaceuticals — which rejected the Third Circuit’s Majestic Star decision that determined a bankrupt corporation’s flow-through status was not protected by the automatic stay — may significantly affect how equity owners can mitigate the impact of flow-through structures in bankruptcy, say Eric Behl-Remijan and Natasha Hwangpo at Ropes & Gray.

  • Calif. Ruling May Open Bankruptcy Trustees To Tort Liability

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    In Martin v. Gladstone, a recent California appellate court decision, the application of tort concepts to bankruptcy trustees could pose a new concern for trustees and federal receivers when controlling and maintaining commercial property, says Jarrett Osborne-Revis at Buchalter.

  • Considerations For Navigating Mixed-Use Developments

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    As mixed-use developments continue to rise in popularity, developers considering this approach to urban planning must be aware of key considerations ranging from title and zoning laws to proper engagement with stakeholders, says Mehdi Sinaki at Michelman & Robinson.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.

  • Compliance Primer: Foreign Investment In US Real Property

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    The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.

  • How CRE Loans Would Shift Under New Bank Capital Rules

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    Attorneys at MoFo discuss how commercial real estate loans would fare under federal banking agencies' proposed changes to how large banks risk-weight loans, particularly how CRE loans are weighed based on the current standardized framework versus the proposed expanded approach.

  • Calif. GHG Disclosure Law Will Affect Companies Worldwide

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    California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.

  • What Retail Landlords Must Know About Permitted Transfers

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    As trying economic times require tenants to create options to cease their operations by transferring their lease obligations to other parties, retail landlords must give significant thought to how permitted transfers are drafted, and how parties are to be protected in the present and the future, says Scott Grossfeld at Cox Castle.

  • Proactive Measures While NY Foreclosure Law Is In Limbo

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    While questions about the scope and constitutionality of New York's Foreclosure Abuse Prevention Act might not be resolved by courts for years, lenders, borrowers and other interested parties can take action to protect their rights and potentially expedite appellate review, say Allison Schoenthal and Andrew Kim at Goodwin.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.