Commercial
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August 09, 2024
Property Plays: Blackstone, Stack Infrastructure, Vornado
Property Plays is a weekly roundup of the latest loans, leases, sales and projects around the country. Send your tips — all confidential — to realestate@law360.com.
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August 09, 2024
Colo. Panel Says Vail Resorts' Land Spat With Town Is Moot
The Colorado Court of Appeals has ruled against Vail Resorts in its suit challenging a local ordinance that allegedly blocked the company's development of 23.3 acres of land that was subsequently taken by the town via eminent domain.
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August 09, 2024
Eckert Seamans Sued Over New Jersey Condo Development
Eckert Seamans Cherin & Mellott LLC simultaneously represented a real estate development company and two of its former managers, and also improperly took compensation for its work before company debts were satisfied, according to a legal malpractice lawsuit filed this week in New Jersey state court.
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August 09, 2024
Investor Can't Drop Fraud Suit Against Crowdfunding CEO
A California cannabis investor cannot withdraw his lawsuit against a CEO he accused of helping to operate a $2 million crowdfunding scheme, a federal judge ruled, saying the investor now needs the defendant's permission.
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August 09, 2024
Phillips Lytle Adds Ex-Benderson Development In-House Atty
An attorney who started his career at Phillips Lytle LLP has returned to the firm as special counsel on its real estate industry team in New York state after five years as in-house counsel at Benderson Development.
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August 09, 2024
Fannie Mae Seeks Memory Care Receiver After $28.3M Default
Fannie Mae asked a federal judge to appoint a receiver for three North Carolina senior living facilities after arguing that borrower Affinity Living Communities defaulted on $28.3 million worth of loans from the government-backed lender by missing three months of payments.
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August 09, 2024
Mich. Court Says Tax Cap Voided By Law Firm's New Roof
A new roof installed on the office of a Michigan law firm was an addition to the property, allowing its taxable value to increase beyond a statutory cap, the state Court of Appeals ruled, upholding a state tax tribunal finding.
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August 08, 2024
With Data Centers And Power, Brookfield Cheers AI
Brookfield Corp., the Toronto-based asset management behemoth, touted its position recently at the nexus of physical and energy infrastructure amid the artificial intelligence boom.
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August 08, 2024
Newmark Secures $300M For Healthcare Real Estate JV
Newmark Group Inc. has put together a joint venture between two companies and has also obtained $300 million in financing for the venture so that it can develop "purpose-built healthcare properties," the commercial real estate advisory firm announced Aug. 8.
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August 08, 2024
Fla. Judge Dismisses Sex Abuse Suit, Blaming Lies By Atty
A Florida state judge has thrown out a suit by a Palm Beach real estate developer's daughter who alleges her father sexually abused her, ruling that her attorney's misrepresentations about an expert and why he withdrew from the case are fraud against the court.
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August 08, 2024
Wash. HOA Says Allstate Must Cover $8M Water Damage
A Washington state condominium association accused Allstate of wrongfully denying coverage of an $8 million water damage claim it filed after discovering hidden damage to the exterior of its buildings.
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August 08, 2024
REIT Braemar Refinances 5 Hotels With $407M Loan
Real estate investment trust Braemar Hotels & Resorts said it has refinanced five hotels carrying debt coming due over the next three years with a $407 million loan that matures in 2029.
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August 08, 2024
Monroe, Triad Team Up In $300M Collab To Buy Rental Loans
Asset manager Monroe Capital LLC, advised by Schulte Roth & Zabel LLP, and Triad Financial Services Inc. on Thursday announced that they have formed a partnership with a roughly $300 million asset-based financing pool to originate and buy commercial community rental loans made to owners of manufactured housing communities.
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August 08, 2024
Community Insurance Can Plug NFIP Gaps, Expert Says
Community-based flood insurance can help cover insurance gaps and provide fast insurance relief to towns and cities at risk of flooding, UC Davis researcher and former Federal Emergency Management Agency engineer Kathleen Schaefer tells Law360.
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August 08, 2024
REIT Files $50M Suit Over Delayed NYC Life Sciences Campus
A real estate investment trust's subsidiary told a New York federal court that a public hospital system misled it about progress on a planned floodwall along the East River, in turn significantly delaying the REIT's construction of a life sciences campus tower.
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August 08, 2024
REIT Assura To Buy Rival's Hospital Portfolio For £500M
Assura PLC said Thursday it has agreed to buy competitor Northwest's private hospital portfolio for £500 million ($633.9 million), as the U.K. property investor eyes increasing its stake in the growing self-pay healthcare sector.
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August 07, 2024
Top Illinois Real Estate News In 2024 So Far
Catch up on the hottest real estate news out of Illinois so far this year, from brokerages' market forecasts and a casino deal to a $7 billion mixed-use project and a new stadium.
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August 07, 2024
NC Court Tosses Resort's Appeal Over Tree-Cutting Loss
The North Carolina Court of Appeals threw out a resort owner's appeal arguing that Dominion Energy North Carolina cannot remove trees on its property, holding instead that the resort owner abandoned its arguments when it failed to analyze the trial court's final judgment on appeal.
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August 07, 2024
SEC Accuses Urban Commons REIT Founders Of $70M Fraud
The U.S. Securities and Exchange Commission has accused the founders of the Urban Commons real estate investment trust of running a pair of fraud schemes involving investments in U.S.-based hotels that the regulator said collectively cost investors $70 million.
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August 07, 2024
Blackstone Buys Majority Stake In Renewable-Focused Firm
Blackstone Inc.-backed private equity funds have agreed to acquire a majority stake in renewable-energy focused engineering firm Westwood Professional Services Inc., under guidance from Kirkland & Ellis LLP and Gibson Dunn & Crutcher LLP, marking Blackstone's latest bid to support energy transition, according to a Wednesday announcement.
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August 07, 2024
Fund Seeks Forced Sale Of Long-Stalled Baltimore Project
A Boston-based investment fund that backs development projects in disadvantaged communities is seeking to recoup $13 million it poured into a stalled mixed-use project in Baltimore, including through a forced sale, according to a complaint filed in Massachusetts state court.
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August 07, 2024
Nixon Peabody Real Estate Atty Returns To Boston Office
Nixon Peabody LLP rehired R. Lindsay Wilson II for a counsel position on its affordable housing and real estate team in Boston, the firm announced Wednesday.
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August 07, 2024
Venable, Fried Frank Ink Deal Halving Fannie Mae HQ's Space
Venable LLP and Fried Frank Harris Shriver & Jacobson LLP guided Fannie Mae's lease renewal for a Washington, D.C., property, halving its headquarters' footprint at the building following reports it was looking to exit the property altogether.
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August 07, 2024
Ahead Of Due Date, Land Use Attorneys Steer NY Casino Bids
Applicants for three up-for-grabs New York casino licenses are not expected to formally submit for consideration until next year, but real estate developers working on 11 proposals that have been announced are laying the groundwork, including by engaging law firms.
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August 07, 2024
Office Buildings Reign Supreme In Terms Of NYC Tax Revenue
According to a Wednesday report from New York state's fiscal watchdog, ongoing woes in the office sector aren't going to punch a hole in the budget for New York City — which can expect to continue to receive an "outsized" proportion of its tax revenue from office buildings.
Expert Analysis
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Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
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Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Payment Provision Lessons From NJ Construction Ruling
A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.
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Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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A Legal Playbook For Stadium Construction Agreements
As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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How FinCEN Proposal Expands RE Transaction Obligations
Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.
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Unpacking FinCEN's Proposed Real Estate Transaction Rule
Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.
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New FinCEN Guide Provides Useful BOI Context For Banks
Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.
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DC's Housing Tax Break Proposal: What's In It, What's Missing
Proposed Washington, D.C., rules implementing the Housing in Downtown Tax Abatement program — for commercial property owners who convert properties into residential housing — thoroughly explain the process for submitting an application, but do not provide sufficient detail regarding the actual dollar value of the abatements, says Daniel Miktus at Akerman.