Commercial

  • May 13, 2024

    Colliers Says Outer Boroughs Industrial Leases Jumped In Q1

    Industrial leasing in New York City's outer boroughs picked up in the first quarter, with a film studio leasing in central Queens leading the way, according to an analysis from Colliers.

  • May 10, 2024

    Vegas Hotels, Software Cos. Escape Price-Algorithm Suit

    A Nevada federal judge has permanently tossed a proposed class action that accused two software companies and multiple hotel operators of using an algorithm software in a price-fixing scheme for hotel room prices on the Las Vegas Strip.

  • May 10, 2024

    Boston's Industrial Market Seeing Vacancies Rise

    The vacancy rate of metropolitan Boston's industrial sector rose to 9.8% in 2024's first quarter, which is four percentage points higher than the rate seen at the end of 2021, Colliers reported Friday.

  • May 10, 2024

    Disney World's Lone Independent Resort Gets $734M Refi

    JLL's hotels and hospitality group said Friday that it had arranged a $735 million commercial mortgage-backed securities loan to refinance the Walt Disney Co.'s Swan & Dolphin resort, a 2,619-key property adjacent to theme parks in Lake Buena Vista, Florida.

  • May 10, 2024

    Activist Blasts REIT Buybacks, Hotel Sale During Proxy Fight

    Activist investor Blackwells Capital LLC has sharply criticized a plan by Braemar Hotels & Resorts to sell a California hotel for $165 million and use part of the proceeds for share buybacks as Blackwells is pressuring shareholders to shake up the board of the real estate investment trust at an upcoming meeting.

  • May 10, 2024

    Ex-Wife's Deal With Dallas CRE Firm Ends Kickback Claims

    The former wife of Dallas commercial real estate executive Clifford Fischer has agreed to drop a federal lawsuit accusing Fischer and members of an advisory board to his company of running a scheme to pay themselves unspecified millions in illegal kickbacks for business referrals.

  • May 10, 2024

    NY Judge Won't Toss Lender's Win In 3M Campus Suit

    A New York federal judge refused to reconsider a lender's victory over a loan guarantor who allegedly owed payments for a $64 million loan related to 3M's now-foreclosed Austin, Texas, campus, but found the billing too high when determining attorney fees.

  • May 10, 2024

    3 Takeaways From The Real Deal's New York City Forum

    Industry professionals at The Real Deal's New York City Real Estate Forum this year aired a lot of grievances about housing and development policies in the Big Apple and Empire State, though panels also touched on a major problem facing lenders. 

  • May 10, 2024

    Simpson Thacher, Sheppard Mullin Guide $246M NYC Deal

    Blackstone affiliates offloaded 21 properties surrounding New York City's John F. Kennedy International Airport to Terreno Realty Corp. in a $246 million deal guided by Simpson Thacher & Bartlett LLP and Sheppard Mullin Richter & Hampton LLP.

  • May 10, 2024

    3 Firms Advise On $250M Great Wolf Waterpark Financing

    VICI Properties Inc. said Friday it has originated a $250 million mezzanine loan as part of $1.5 billion in financing to waterpark operator Great Wolf Resorts Inc., in a transaction advised by Hogan Lovells, Simpson Thacher & Bartlett LLP and Cadwalader Wickersham & Taft LLP.

  • May 09, 2024

    10th Circ. Appeal May Expand Pollution Coverage In NM

    The Tenth Circuit will hear oral arguments May 20 to determine whether absolute pollution exclusions doom a New Mexico property owner's quest for $120,000 in defense coverage in a case attorneys say could determine the future of such environmental coverage in the state.

  • May 09, 2024

    Vinson-Led EnCap Lands $1.5B For Energy Transition Fund

    Vinson & Elkins LLP advised EnCap Investments LP on a $1.5 billion fund that seeks to invest in projects meant to decarbonize the power industry, as well as in low-carbon fuels and other green ventures.

  • May 09, 2024

    NY Appeals Court Says Parking Garage Is Rent-Stabilized

    A New York state appeals court on May 9 upheld a housing agency's decision finding that a parking garage in a building in the Bronx borough of New York City is rent-stabilized.

  • May 09, 2024

    NY Panel Backs Landlord's Win In Sonder Legionella Case

    A New York appeals court on May 9 mostly upheld a New York City landlord's victory against hospitality company Sonder in a dispute over unpaid rent at a luxury Manhattan apartment building following a Legionella outbreak.

  • May 09, 2024

    CBRE Reports CRE Investment Decline Slowed In Q1

    U.S. commercial real estate investment volume fell less quickly in the first quarter of 2024 than it did at the end of 2023, according to a CBRE report.

  • May 09, 2024

    TPG Lands Nearly $8B Across 3 Asia-Focused Funds

    Private equity giant TPG, advised by Cleary Gottlieb Steen & Hamilton LLP and Fried Frank Harris Shriver & Jacobson LLP, has closed three Asia-focused funds after securing a combined total of nearly $8 billion from investors.

  • May 09, 2024

    Judge Mulls Twitter's Rent Intent In Colo. Eviction Fight

    A Colorado state judge asked a Boulder landlord Thursday why Twitter's intent mattered when it stopped paying rent after being acquired by Elon Musk, as the landlord fights for access to records to rebut the social media company's wrongful eviction claims.

  • May 09, 2024

    Ore. Tax Court Drops Valuation Of Mobile Home Park

    An Oregon mobile home park should be reduced in value from $2.3 million to $1.7 million because an income analysis presented by the owners reflected the property's real market value better than a local assessor's method, the state's tax court said.

  • May 09, 2024

    Colo. Lawmakers Approve Extended Property Tax Cuts

    Colorado would extend its current temporary property tax rate reductions into 2024 and would lower tax rates for future years under legislation passed by Colorado lawmakers that could save property owners about $1 billion in its first year.

  • May 09, 2024

    Solar Co., Michigan Town Agree To End Zoning Dispute

    A solar energy company has agreed to drop its federal lawsuit accusing a Michigan township of imposing an illegal six-month zoning moratorium against solar projects.

  • May 09, 2024

    Hospital REIT Sees $736M Loss After Tenant's Ch. 11 Filing

    Medical Properties Trust, a healthcare real estate investment trust, lost $736 million in the first quarter of the year from the financial collapse of Steward Health Care, a major tenant, and the write-off of an international joint venture, executives said on May 9.

  • May 09, 2024

    Treasury's Energy Tax Credit Regs Leave Room For 'Chaining'

    The U.S. Department of the Treasury has said it is prohibiting the practice known as chaining that links two new ways to monetize clean energy tax credits, but recent final rules governing the two methods left the door open to possible exceptions.

  • May 09, 2024

    NFL Player-Turned-Atty Can't Appeal After Contempt Deal

    An appeal of a contempt-of-court order by NFL-player-turned-lawyer Walter Bernard is moot because the underlying dispute over unpaid rent has been settled and Bernard has been released from jail, the Pennsylvania Superior Court has ruled.

  • May 09, 2024

    GE Dropped From Louisiana Factory Contamination Suit

    A Louisiana federal judge has dropped General Electric from property owners' suit alleging widespread contamination caused by a now-closed manufacturing facility, finding an earlier merger by a subsidiary did not make the company a liable successor.

  • May 09, 2024

    Designer, Hotelier Sued For Allegedly Duping EB-5 Investors

    Chinese investors in a luxury California hotel for green cards lodged a potential class action Thursday against a prominent interior designer and her hotelier husband for allegedly duping backers into believing Marriott would manage the hotel.

Expert Analysis

  • Pickleball Makes Waves In Fla. Real Estate, With Risks In Play

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    Pickleball's burgeoning popularity in Florida is catalyzing a transformation in the state's commercial real estate market, but investors must take steps to navigate legal challenges related to noise, insurance and community dynamics, says Emmanuelle Litvinov at DarrowEverett.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • What Calif. Pot Permit Ruling Means For Enviro Compliance

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    While a California appeals court's recent decision in Lucas v. City of Pomona affirms the city's use of a statutory exemption for its commercial cannabis overlay permit program, the ruling does not mean that all applicants seeking similar approvals are exempted from state environmental compliance obligations, say Whitney Hodges and Barbara Machado at Sheppard Mullin.

  • Rare Reg A+ Fines Reflect New Era Of SEC Enforcement

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    The U.S. Securities and Exchange Commission's recent announcement of civil penalties against 10 microcap companies for violations of Regulation A+ shows that as the SEC continues to expand its enforcement efforts, its focus remains on protecting investors of all sizes — including those investing in the historically less-scrutinized Reg A+ issuers, say attorneys at Crowell & Moring.

  • Factors To Consider When Structuring Data Center Contracts

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    Data center leases and service agreements grant very similar rights and impose similar obligations, but they also hold notable differences and a range of factors that are important to consider when selecting which form of agreement to use, say attorneys at Mayer Brown.

  • Rethinking Mich. Slip-And-Fall Defense After Top Court Ruling

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    The Michigan Supreme Court recently overturned three decades of premises liability jurisprudence by ruling that the open and obvious danger defense is no longer part of a traditional duty analysis, posing the question of whether landowners will ever again win on a motion for summary dismissal, say John Stiglich and Meriam Choulagh at Wilson Elser.

  • Subchapter V Eligibility Ruling Raises Uncertainty For Tenants

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    A Virginia bankruptcy court’s recent ruling in Macedon Consulting — that all remaining rent under a lease should be factored into a lessee's Subchapter V eligibility — raises the question, but does not address, how a court should calculate the amount of debt owed under a lease, creating significant risk for potential tenant debtors, says Sam Ashuraey at Ashuraey Law.

  • Parsing Tax Implications Of NYC Office Leasing Transactions

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    Though New York City's tax laws generally do not require negotiated contractual risk allocation in the case of sublease and early lease termination transactions, it is still helpful for counsel to both landlords and tenants to understand the laws' nuances, say attorneys at Lowenstein Sandler.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • NY's Take On Premises Insurance Policies: What's In A Name?

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    A New York appellate court's recent decision in Wesco Insurance v. Fulmont Mutual Insurance — requiring insurance coverage for a property owner not named on the policy — strengthens a state case law trend creating a practical exception in premises liability cases to normally strict requirements for coverage, says Craig Rokuson at Traub Lieberman.

  • Bankruptcy Ruling Shows Section 363's Magic Has Its Limits

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    The Ninth Circuit Bankruptcy Appellate Panel's recent ruling in Groves demonstrates that Section 363 — which allows a debtor-in-possession to sell their property in order to generate cash — fails as a tool when it’s used to turn a nondebtor entities' property into property of a debtor's bankruptcy estate, says Brian Shaw at Cozen O'Connor.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Shifts In The CRE Landscape Demand Creative Loan Solutions

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    An increase in commercial real estate loan workouts makes it critical for borrowers, lenders and other CRE participants to examine all the available options and remedies, including mortgage and mezzanine foreclosures, bankruptcy filings and property short sales, say attorneys at Goulston & Storrs.