Commercial

  • May 07, 2024

    NYC Eatery Asks 2nd Circ. To Undo Revival Of Workers' Suit

    A New York City restaurant operator urged the Second Circuit Tuesday to reject a lower court finding that its workers' federal wage claims may be cut from their class action but can also be reinstated if the appeals court were to vacate their state wage claims, insisting the decision is unfair.

  • May 07, 2024

    WeWork Wins Interim OK Of $50M New Money DIP In Ch. 11

    A New Jersey bankruptcy judge said Tuesday he will approve $50 million of debtor-in-possession financing for WeWork, overruling objections from the office space provider's co-founder and ex-CEO Adam Neumann, whose lawyers alleged the financing agreement was actually an unfairly discounted asset sale in disguise.

  • May 07, 2024

    New Missouri Law Forces Landfills Further From Cities

    A new Missouri law will increase the radius for approvals needed from nearby municipalities for several types of landfills to one mile from half a mile, in what the governor called a "win for property rights."

  • May 07, 2024

    PolyMet Land Swap Discovery Order Paused, For Now

    PolyMet Mining doesn't have to produce information it had previously withheld in a Minnesota tribe's challenge to undo a land swap, a federal district court determined after the company asked for emergency relief to avoid any potential harm it said could come from wrongfully disclosing privileged documentation.

  • May 07, 2024

    Steward Health Gets Ch. 11 Loan, Says It Plans Hospital Sales

    A Texas bankruptcy judge Tuesday allowed Steward Health Care to take out $75 million in Chapter 11 financing to meet its next-day payroll after being told the hospital chain plans to sell facilities to pay down its $9 billion in debt.

  • May 07, 2024

    Lender Shanks Bid To Halt Ga. Golf Course Auctions

    A Georgia federal judge on Tuesday denied successive efforts from a lender to wrest control of the assets of an Atlanta-area golf club owner, whom attorneys for the lender describe as a "serial fraudster" likely to abscond with his assets while still owing millions on a 2023 loan.

  • May 07, 2024

    Title Insurer Gets Partial Win Against Lender In Lien Dispute

    A lender seeking coverage from its title insurer for mechanic's lien claims after the owner of a senior living community defaulted on its $26 million construction loan can only potentially get coverage under a disbursement endorsement in its policy, a Colorado federal court ruled, finding an exclusion applicable.

  • May 07, 2024

    Colo. House OKs Conservation Easement Tax Break Extension

    Colorado would extend its conservation easement tax credit through 2031 and raise its statewide annual cap on available credits under legislation approved Tuesday by the state House of Representatives.

  • May 07, 2024

    Judge Rips 2nd Circ.'s 'Erroneous' Ruling In Sears Lease Spat

    A New York federal district judge ruled that Sears Holdings Corp.'s lease for the Mall of America in Minneapolis should be returned to the bankrupt retail chain's liquidating trustee, saying that the decision gives "scant comfort" as it removed from the books "an obviously outlier ruling" by the Second Circuit.

  • May 07, 2024

    Vornado Exec 'Couldn't Be More Optimistic' About NYC Retail

    Retail property values and leasing activity are recovering in prime parts of Manhattan, particularly among storefronts along Fifth Avenue and in Times Square, a Vornado Realty Trust executive said on Tuesday.

  • May 07, 2024

    DLA Piper Pads Real Estate Group With New Chicago Partner

    DLA Piper has added a partner to the firm's real estate practice group who will join from Katten Muchin Rosenman LLP, saying the new hire's expertise spans asset classes and deal types.

  • May 06, 2024

    US Industrial Market Facing High Vacancy Rate, Report Says

    In 2024's first quarter, the U.S. industrial real estate market faced an imbalance of supply and demand for the eighth consecutive quarter, along with a high vacancy rate, even as leasing activity grew 2.2% compared to 2023's first quarter, according to a CBRE report released Monday.

  • May 06, 2024

    Colo. Lawmakers OK Land Cleanup Tax Credit Extension

    Colorado would extend its income tax credit for certain costs of environmental remediation of contaminated property for five years under legislation approved unanimously Monday by the state Senate and sent to the governor.

  • May 06, 2024

    Latham & Watkins, Simpson Thacher Steer Healthcare JV

    Healthcare Realty Trust Inc. and KKR announced on Monday that the two have entered a joint venture to own and invest in quality medical outpatient buildings, in a deal guided by Latham & Watkins LLP and Simpson Thacher & Barlett LLP.

  • May 06, 2024

    British National Admits To Coworking Business Ponzi Scheme

    A British citizen pled guilty Friday in Manhattan federal court to participating in a scheme to solicit investments using fraudulent misrepresentations about a coworking company where he was a principal.

  • May 06, 2024

    NYC Real Estate Week In Review

    Day Pitney landed work on the largest New York City real estate transaction that hit public records last week, a period that saw several large residential condo-unit deals become public.

  • May 06, 2024

    PE Firm Plans To Raise Up To $600M For Real Estate AI Tools

    Reborn Developments intends to raise $100 million to $600 million over the next year to support its Rekaliber project, which aims to create artificial intelligence tools for real estate professionals and real estate institutions, the private equity firm has announced.

  • May 03, 2024

    Florida Court Revives County's Suit Over Fairgrounds Deal

    A Florida appeals court on Friday revived Hernando County's lawsuit against a local county fair association over a broken contract to redevelop a county fairgrounds property, ruling that it is not clear the lawsuit is time-barred.

  • May 03, 2024

    'Reckless' NY Developer Owes Investor $3M+, Suit Says

    A real estate investor is owed at least $3 million tied to its stake in a commercial development project in Shelton, Connecticut, according to a lawsuit in state court that accuses a Brooklyn-based developer of misusing money.

  • May 03, 2024

    Investors Claim Data Center REIT Manipulated Financials

    A proposed class of Equinix Inc. shareholders has accused the data-center-focused real estate investment trust in California federal court of artificially inflating its financial metrics.

  • May 03, 2024

    AI Drives Record-Breaking Leasing For Digital Realty

    A rising demand for data centers, partly stemming from advances in artificial intelligence technology, helped Digital Realty Trust see record leasing numbers in the first quarter of 2024, executives said during a May 2 earnings call.

  • May 03, 2024

    IRS Expects Updates To Hydrogen Credit Emissions Model

    The Internal Revenue Service expects the U.S. Department of Energy to update a model used to determine eligibility for the new clean hydrogen production tax credit under recently proposed rules, an IRS attorney said Friday.

  • May 03, 2024

    Alterra Raises $925M For Industrial Outdoor Storage Fund

    Alterra Property Group announced that it raised nearly $1 billion for a fund that will invest in industrial outdoor storage assets, around $200 million more than the company had set out to raise.

  • May 03, 2024

    Sullivan & Worcester Finds A New Manhattan Home

    Sullivan & Worcester has announced that it has relocated its New York office, its second largest, signing a seven-year lease with a 54-story office tower just a short walk from its previous space.

  • May 03, 2024

    Brothers Accuse Cos. Of Mishandling $1.1M EB-5 Investments

    Two brothers from India sued companies behind a combination residential-resort project they invested in under the EB-5 investor visa program, telling a Florida federal court that their green card petitions were denied because the companies mishandled their $1.1 million investment.

Expert Analysis

  • FTC Proposal Greatly Widens Auto-Renewal Regulation

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    The Federal Trade Commission's proposed rule on automatic renewal subscriptions would impose significant new obligations on sellers of negative option plans and expand the agency's enforcement powers, likely requiring companies to examine and change their practices, say attorneys at Squire Patton.

  • Now Is The Time For Independent Industry Self-Regulation

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    The high level of trust in business, coupled with the current political and legal landscape, provides an opportunity for companies to play a meaningful role in finding solutions to public policy issues through the exploration of independent industry self-regulation models, says Eric Reicin at BBB National Programs.

  • Do Videoconferences Establish Jurisdiction With Defendants?

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    What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.

  • Humanism Should Replace Formalism In The Courts

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    The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.

  • 20 Years On, Campbell Holds Lessons On Reining In Ratios

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    Twenty years ago, the U.S. Supreme Court's decision in State Farm v. Campbell provided critical guidance on the constitutionally permissible ratio of punitive to compensatory damages — and both Campbell and subsequent federal circuit court decisions informed by it offer important pointers for defendants, say attorneys at Dechert.

  • How Bank Turmoil Is Affecting Real Estate Purchases, Sales

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    The new uncertainty in the availability of financing from bank lenders that were previously considered "money good," spurred by the bank crisis, has inserted a wrinkle in the commercial real estate market that alters some of the dynamics between a buyer and seller, says Simran Bindra at Thompson Coburn.

  • Don't Let Client Demands Erode Law Firm Autonomy

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    As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.

  • How CMS Proposal Would Change PE Deal Transparency

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    The Centers for Medicare and Medicaid Services recently proposed a new rule that would require the disclosure of additional ownership regarding Medicare and Medicaid nursing facilities, an approach that many states have started to take and reflects the Biden administration's scrutiny on private equity deals, say attorneys at Kirkland.

  • How Cannabis Cos. Can Comply With NJ Industrial Site Law

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    As New Jersey’s recreational cannabis market flourishes, manufacturers that may be subject to a state environmental law must take extra precautions to mitigate potential liabilities and costs, including for historical contamination, says Matthew Karmel at Offit Kurman.

  • IRS' Cost Method Update Is Favorable For RE Developers

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    The Internal Revenue Service's recent update to its alternative cost method will allow real estate developers to accelerate their cost recovery of improvements in certain circumstances and make it easier for practitioners to satisfy the method's tax compliance requirements, says Benjamin Oklan at Weil.

  • Federal Judge's Amici Invitation Is A Good Idea, With Caveats

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    An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.

  • Commercial Landlords Should Approach Self-Help Carefully

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    Although on the surface lease provisions give landlords the right to recover possession of leased premises when a commercial tenant falls behind on rent, blind reliance on such language can lead to trouble and self-help should be exercised with great caution, says Knox Withers at Arnall Golden.

  • Fox Ex-Producer Case Is A Lesson In Joint Representation

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    A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.