Commercial

  • May 22, 2024

    CBRE Calls Exec's Noncompete Right Fit In A Small World

    A Texas appellate court wondered Wednesday whether a temporary injunction that seemingly bars a former CBRE executive from working in his trade anywhere in the world goes too far, and questioned the validity of the underlying noncompete agreement at the center of the legal battle.

  • May 22, 2024

    Ill. Justices Weigh Zurich's Right To Recover $3M Flood Loss

    The Illinois Supreme Court weighed Wednesday whether Zurich American Insurance Co. can recoup $3 million from a subcontractor for water damage repair costs the insurer paid to a general contractor despite Zurich filing suit on behalf of a different insured.

  • May 22, 2024

    FDIC Eyes 'Weak' Office, Mall Assets In Risk Assessment

    The Federal Deposit Insurance Corp. deemed office and retail mall asset classes 2023's "weak" points among the otherwise resilient commercial real estate property types, in a Wednesday report summarizing risks facing FDIC-insured institutions.

  • May 22, 2024

    Real Estate Firm Buys Manhattan Retail Property For $180M

    TZ Capital scooped up a luxury retail property on Madison Ave. for $180 million — nearly $100 million less than what the building last traded for, per a source familiar with the deal Wednesday — in a move that comes as midtown Manhattan's retail market sees growing deal and leasing activity.

  • May 22, 2024

    Chancery Keeps RedBird-Brookfield Dispute Stay In Place

    A Delaware vice chancellor declined Wednesday to rule from the bench on a preliminary injunction sought by Redbird Capital Partners in a dispute over a Brookfield Infrastructure Partners claim for a $150 million escrow included in its $5.7 billion purchase of RedBird data center projects last year.

  • May 22, 2024

    Texas Billionaires Building $7B City After Finding Aquifer

    The wealthy Walker family will put down $1.6 billion in cash over the next 30 years to build their own self-sufficient city after discovering access to an underground aquifer can provide more than enough water for the project, sitting 20 miles north of Laredo, Texas.

  • May 22, 2024

    Croke Fairchild Hires 2 Real Estate Attys For Chicago Office

    Croke Fairchild Duarte & Beres LLC hired Penelope Campbell and Ari Krigel as partners for its real estate practice in Chicago, the firm announced.

  • May 22, 2024

    Sullivan & Cromwell Atty Urges Cos. To Tend To Climate Data

    Public companies should not expect stakeholder concerns over climate risk to go away, even though litigation has cast a fog of uncertainty over certain disclosure rules, a Sullivan & Cromwell lawyer said Wednesday at a panel on the topic.

  • May 22, 2024

    Realty Firm Seeks Early Win In Law Firm's Suit Over Lease

    Real estate brokerage Cushman & Wakefield of Texas Inc. has urged a Texas state court to grant it an early win against law firm Polunsky Beitel & Green LLP in a suit alleging that Polunsky Beitel is wrongfully going to lose its sublease for a Houston commercial office building that will now be converted into a residential building.

  • May 22, 2024

    Wells Fargo Wants Receivership For Hotels After $52M Default

    Wells Fargo has sued American Hotel Income Properties REIT Inc. in New York federal court, claiming that the real estate investment trust's hotels should be placed into a court-ordered receivership after the REIT's affiliates defaulted on a $52.4 million loan.

  • May 22, 2024

    DC Empty Building Not Eligible For Tax Exemption, Court Says

    The owner of a vacant building in Washington, D.C., can't claim an exemption from the district's vacant building property tax rate because the owner claimed the exemption outside the allowed two-year period, the district's highest court ruled.

  • May 22, 2024

    NJ Atty Faces Fla. Suspension Over Sale Of $1.6M Painting

    An attorney suspended for one year in New Jersey last year for smuggling a $1.6 million painting out of his house to avoid an asset sale has agreed to a guilty plea accepting another yearlong suspension in Florida related to the scheme.

  • May 22, 2024

    Prologis Legal Chief To Step Down At The End Of 2024

    Prologis Inc.'s chief legal officer will retire and transition to a senior adviser role starting in January, the logistics-focused real estate investment trust said Wednesday, and another member of its legal team has been tapped to fill the position.

  • May 22, 2024

    SC Expands Abandoned Building Credit, Adds Railroad Credit

    South Carolina expanded its tax credit for the revitalization of abandoned buildings and provided an income tax credit for railroad reconstruction under a bill signed by the governor.

  • May 22, 2024

    Soured Partnership Tanks Dallas Tower Weakened By COVID

    In the fourth story in a series on distressed office properties in various U.S. markets, Law360 Real Estate Authority examines how a solid office building in an otherwise strong market — Dallas' Uptown — started showing cracks from COVID-19 and controversy.

  • May 22, 2024

    Goodwin Real Estate Atty Eyes Gov't Role In Adaptive Reuse

    Investors considering converting office buildings to a residential use are increasingly seeking more assistance from and collaboration with governments, one of Goodwin's real estate leaders told Law360 in a recent interview.

  • May 21, 2024

    Quarry Not Liable For Dirt Bike Accident, NJ Panel Says

    The owner of a New Jersey quarry long used by all-terrain vehicle enthusiasts cannot be held liable for injuries a dirt biker sustained after he struck a steel cable on the property, a state appeals court has ruled, saying the landowner installed the cable for legitimate, not malicious, purposes.

  • May 21, 2024

    Bankrupt SVB Fights To Keep $1.9B Suit Against FDIC Alive

    The bankrupt former parent company of Silicon Valley Bank urged a California federal judge on Tuesday not to toss its suit against the Financial Deposit Insurance Corp. that seeks to get the deposit insurer to return $1.93 billion, saying the FDIC has not fulfilled its obligation to turn over the company's account funds.

  • May 21, 2024

    22 States Tell 11th Circ. Corp. Transparency Act Goes Too Far

    The federal Corporate Transparency Act unconstitutionally displaces state authority and its enforcement would economically harm states and their residents, attorneys general from 22 states told the Eleventh Circuit, urging it to uphold a ruling that struck down the law.

  • May 21, 2024

    Variety Of Cases Propelled Rise In New Jersey Ch. 11 Filings

    The cases that have made the New Jersey bankruptcy court the second busiest in the nation have run the gamut from nationwide retail chains, major real estate players and Johnson & Johnson's mass tort talc spinoff to genetic labs and cryptocurrency platforms.

  • May 21, 2024

    Tremont Chicago Hotel Lender Calls For End To Ch. 11 Case

    Citing a bankrupt owner's lack of equity and longstanding defaults, the senior secured creditor to Chicago's defunct former Tremont Hotel has asked a Delaware bankruptcy judge to dismiss the case or lift its Chapter 11 automatic stay.

  • May 21, 2024

    Calif. City Sued Over Botched $8.8M Hotel Sale

    A hotel operator has accused Anderson, California, of sabotaging a signed $8.8 million purchase offer and other contracts for the company's local hotel by red-tagging the property, and also impeding remodeling efforts because the operator's manager and president are both foreigners.

  • May 21, 2024

    Boston Eateries Say They've Shown Proof Of Anti-Italian Bias

    A group of restaurant owners in Boston's North End, the city's version of "Little Italy," reinforced their argument to a federal judge that anti-Italian bias was behind an on-street outdoor dining ban in the neighborhood.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

Expert Analysis

  • Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • A Clearer Path To Speedy Guaranty Litigation In NY Courts

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    Recent cases indicate that New York's Appellate Division, First Department, is shifting its stance regarding when agreements with both monetary and nonmonetary obligations qualify for expedited litigation, and highlight best practices for drafting guarantees and notes, say Joshua Kopelowitz and Bansari Sheth at Fox Rothschild.

  • LA's High-Value Real Estate Transfer Tax Should Be Scrapped

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    Los Angeles’ recently implemented high-value property transfer tax has chilled the real estate market, is failing to meet revenue expectations and raises significant constitutional concerns, making it a flawed piece of legislation that should be invalidated, says attorney Paul Weinberg.

  • High Court Ruling Provides New Avenue For Foreign Plaintiffs

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    The U.S. Supreme Court’s recent ruling in Yegiazaryan v. Smagin offers a new path for foreign plaintiffs attempting to enforce arbitral awards in the U.S., but it also leaves the standard for such attempts under the Racketeer Influenced and Corrupt Organizations Act unsettled, say attorneys at Wiley.

  • Justices' Corruption Ruling May Shift DOJ Bank Fraud Tactics

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    After the U.S. Supreme Court’s decision last month in Ciminelli v. U.S., curtailing a government theory of wire fraud liability, prosecutors may need to reconsider their approach to the bank fraud statute, particularly when it comes to foreign bank enforcement, says Brian Kearney at Ballard Spahr.

  • Avoiding Negative Tax Consequences In Loan Modifications

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    Borrowers who may be caught in the dramatic uptick in nonperforming commercial real estate loans should consider strategies to avoid income and capital gains tax that may be triggered by loan modifications, says Aman Badyal at Glaser Weil.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Foreign Investment In Real Estate Is Getting More Complicated

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    Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • 5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows

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    The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.

  • What OneMain Order Says About CFPB's Regulatory Priorities

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    The Consumer Financial Protection Bureau’s recent action against OneMain Financial Group and others reflect a continuing trend of arguably historic regulatory scrutiny for consumer lenders, and send a strong message that the CFPB is taking a tough stance against deceptive sales practices, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • 2nd Circ. Reinsurance Ruling Correctly Applied English Law

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    Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.