Commercial

  • January 08, 2025

    Toxic LA Landfill Closes, But Lawsuits Continue to Pile On

    Los Angeles County has moved to study the effects of the closure of the Chiquita Canyon Landfill, which stopped accepting waste last week following a series of lawsuits and other complaints over the effects of an underground reaction that's been spewing super-heated wastewater, likely since 2022.

  • January 08, 2025

    Farm Owner Can't Claim $6.5M For Border Wall, 5th Circ. Told

    The federal government argued Wednesday that a Texas woman isn't owed millions of dollars in compensation for a section of the state's border wall built on her land, telling the Fifth Circuit that a principle giving landowners rights to property improvements can't be equitably applied to the federal government.

  • January 08, 2025

    Judge Reverses His Own Ruling In Chicago Hotel Zoning Fight

    An Illinois federal judge ruled against the owners of a historic Chicago hotel Tuesday, dialing back an earlier victory he had granted them last year in a zoning suit against the city.

  • January 08, 2025

    Calif. Tribe Has Standing To Block Casino Project, Court Told

    A California tribe says it has constitutional standing to block the Interior Department from taking land into trust for a proposed casino project on its historic homelands, arguing that it suffered actual and concrete harm when the agency determined that no historic resources would be affected by the endeavor.

  • January 08, 2025

    Trump-Aligned Dubai Developer To Put $20B Into Data Centers

    Dubai-based developer DAMAC Properties plans to break into the U.S. data center industry with a $20 billion investment targeting Sunbelt and Midwest states, with help from the federal government, according to a recent announcement by President-elect Donald Trump.

  • January 08, 2025

    REITs Should Expect More Shareholder Activism In '25

    Public real estate companies should expect more shareholder activist campaigns in 2025, with investors targeting real estate investment trusts with poor corporate governance practices and placing a greater focus on mergers and acquisitions, according to an Olshan Frome Wolosky LLP attorney.

  • January 08, 2025

    Florida Real Estate Projects To Watch In 2025

    Florida real estate has weathered the economic headwinds of the past few years and has no shortage of notable projects in the pipeline across multiple markets.

  • January 08, 2025

    NYC Development Projects To Watch In 2025

    New York City real estate development is still squeezed by interest rates and office vacancies, but attorneys for developers are hopeful that public policy and pricing discovery will continue to spur deals.

  • January 08, 2025

    The Enviro Policies Real Estate Attys Are Eyeing In 2025

    On the precipice of four years of expected deregulation, agency challenge, and a weakening of incentives and credits, real estate attorneys and their clients are in a wait-and-see phase to determine how environmental policy shifts will — or should — alter their work.

  • January 08, 2025

    Power Constraints May Test Data Center Gains In '25

    Few doubt that demand for data centers will be strong this year, but can the industry's supply keep up, and does the energy infrastructure exist to make more development possible? These are the questions on attorneys' minds going into the new year.

  • January 07, 2025

    Mont. Bill Floats Mine, Data Center Property Tax Changes

    Montana would lower the property tax rate imposed on metal mines, certain agricultural land and railroads but raise the rate on data center property as part of a bill introduced in the state Senate.

  • January 07, 2025

    Mich. Town Tries To Ditch $5M Suit Over Dispensary Flip-Flop

    A Michigan township accused of greenlighting, and then blocking, a developer's special-use permit for a marijuana dispensary said Tuesday the developer suing it for $5 million never actually got the required prequalification from the state.

  • January 07, 2025

    DOJ Revamps Process For Federal Real Estate Deals

    The U.S. Department of Justice has replaced "outdated provisions" that guided how federal agencies acquired real property with 10 new federal provisions that have the goal of "promoting government efficiency and saving taxpayer funds," the DOJ said Tuesday.

  • January 07, 2025

    Judge Trims Shareholders' Suit Against Data Center REIT

    Equinix Inc. has escaped a claim stemming from a proposed securities class action in California federal court that accused the data center-focused real estate investment trust of misleading investors about its power capacity, growth potential and capital expenditures.

  • January 07, 2025

    Mont. Bill Calls For Property Tax Appraisals Every 2 Years

    Montana would require all real property to be reappraised every two years for tax purposes as part of a bill introduced in the state House of Representatives.

  • January 07, 2025

    CMBS Deals, Distress Rates Saw 2024 Highs

    Kroll Bond Ratings Agency reported Tuesday that $104.1 billion worth of commercial mortgage-backed securities were issued in 2024, more than doubling issuance rates seen in 2023, even as distress rates driven by office sector performance rose simultaneously.

  • January 07, 2025

    Property Owner Says Insurer Owes $16.2M For Fire Damage

    A Colorado property owner is seeking to recover $16.2 million from its insurer for property damage caused by the 2021 Marshall Fire, telling a federal court the carrier wrongly concluded the properties did not sustain direct physical damage in order to justify replacement costs.

  • January 07, 2025

    Mont. Bill Seeks Review Process For Tax-Exempt Property

    Montana would require the state Department of Revenue to create a program to review property that is exempt from taxation under a bill introduced in the state House of Representatives.

  • January 07, 2025

    Akerman Advises Bronx Kingsbridge Armory Project

    Akerman LLP is representing a joint venture that will redevelop the Kingsbridge Armory in the Bronx with the help of $215 million in public funds, a project that city and state officials unveiled Tuesday.

  • January 07, 2025

    2 Firms Advise Nonprofit's $124M Loan In Housing Site Buy

    Nonprofit Westhab acquired a development site in the Sheepshead Bay neighborhood of Brooklyn, New York, from a Slate Property Group affiliate, borrowing $124 million along with the purchase in transactions advised by Nixon Peabody LLP and Chapman and Cutler LLP.

  • January 07, 2025

    Braverman Greenspun Acquires NY Real Estate Boutique

    Braverman Greenspun PC said Tuesday it has acquired real estate boutique Zingman & Associates PLLC, allowing it to deepen its capabilities in landlord-tenant related issues.

  • January 07, 2025

    Landowner Gets Pot Farm Transport Easement Nixed

    A California state appeals court has vacated a conditional use permit that the County of Santa Barbara issued to a cannabis farm, finding that a nearby landowner can deny the use of an easement on its property to transport the federally illegal goods.

  • January 07, 2025

    Stoel Rives Adds San Diego Construction Atty As Partner

    Stoel Rives LLP said construction and real estate attorney Kirsten Worley has joined the firm as a partner in its San Diego office.

  • January 07, 2025

    JLL Arm Snaps Up Another Phoenix-Area Industrial Property

    LaSalle Investment Management announced that it has acquired a five-building industrial park in Tempe, Arizona, on behalf of a fund focused on high-quality core assets across the United States.

  • January 06, 2025

    Cos. Accused Of Misusing EB-5 Investor Funds

    More than $80 million in EB-5 investor funds that were intended for a Brooklyn real estate project were misused to purchase shares in a related company, a suit claimed in New York federal court.

Expert Analysis

  • A Look At Recent Case Law On Expedited Judgment In NY

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    A number of recent New York state court decisions clarify and refine the contours surrounding Civil Practice Law and Rule 3213, providing landlords, lenders and other payees guidance on how to seek accelerated judgment in certain litigation, says Alexander Lycoyannis at Holland & Knight.

  • Dealmaker Lessons From CFIUS' New Enforcement Webpage

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    The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.

  • Reassessing Lease Provisions To Account For ESG Initiatives

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    As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.

  • Avoid Getting Burned By Agencies' Solar Financing Spotlight

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    Recently coordinated reports and advisories from the U.S. Department of the Treasury, the Consumer Financial Protection Bureau and the Federal Trade Commission maximize the spotlight on the consumer solar financing market and highlight pitfalls for lenders to avoid in this burgeoning field, says Mercedes Tunstall at Cadwalader.

  • Co-Tenancy Clause Pointers For Shopping Center Landlords

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    Large retail tenants often require co-tenancy provisions in their leases, entitling them to remedies if a shopping center's occupancy drops in certain ways, but landlords must draft these provisions carefully to avoid giving tenants too much control, says Gary Glick at Cox Castle.

  • Assessing Algorithmic Versus Generative AI Pricing Tools

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    A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.

  • Navigating A Potpourri Of Possible Transparency Act Pitfalls

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    Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.

  • Keys To Successful Commercial Property Insurance Claims

    Excerpt from Practical Guidance
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    While insurance needs for commercial leasing arrangements are driven by the characteristics of the premises and the nature of the tenants' intended operations, there are several universal best practices landlords and their counsel can follow when making claims after loss or damage.

  • Tips For Handling Single Asset Real Estate Bankruptcy Cases

    Excerpt from Practical Guidance
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    Bankruptcy counsel should consider several strategies when representing either a debtor or lender in single asset real estate debtor Chapter 11 cases, which generally arise when a debtor is forced to file for relief to stop an impending foreclosure sale.

  • Increased Scrutiny Raises Int'l Real Estate Transaction Risks

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    Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.

  • Portland's Gross Receipts Tax Oversteps City's Authority

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    Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.

  • Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.