Commercial
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October 24, 2024
2nd Circ. Largely OKs Gun Control Law After High Court Order
The Second Circuit on Thursday stood by its previous decision that largely vacated an order enjoining several of New York's gun restrictions, saying a recent U.S. Supreme Court ruling the high court told it to consider on remand had "little direct bearing" on its prior conclusions.
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October 24, 2024
2nd Circ. Revives Claims Against Insurer In $21M Injury Suit
The owners of a construction site entangled in litigation over a worker's spinal cord injury can keep pursuing breach of contract claims against the insurance company that backed the worker's ostensible employer, the Second Circuit ruled Wednesday, overturning a lower court.
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October 24, 2024
NYC Council Passes Bill Requiring Hotel Licenses
The New York City Council passed a bill Wednesday that requires hotel operators to be licensed with the government in order to do business in the city.
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October 24, 2024
La. Biz Development Office Extends Industrial Tax Break Regs
An emergency rule in Louisiana extended the effectiveness of regulations implementing a recently issued gubernatorial executive order that made several adjustments to the state's industrial tax exemption program.
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October 24, 2024
EPA, Air Force Commit To PFAS Plan For Tucson Airport
The U.S. Environmental Protection Agency and the Air Force said they're committing to a framework to address "forever chemical" contamination at the Tucson International Airport Area Superfund Site in southeastern Arizona.
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October 24, 2024
Atlanta Demands End To Almost-Starbucks Demolition Suit
The City of Atlanta has asked a Georgia federal judge to finally put an end to a suit from a company that says the city illegally initiated condemnation proceedings against a disused restaurant property, telling the court the suit contains "no substantive claims regarding any federal question."
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October 24, 2024
Miami Development Site Draws $35M Stalking Horse Bid
A nearly 16-acre site along Biscayne Boulevard in Miami drew a $35 million stalking horse bid, setting the opening offer for the site ahead of a court-ordered sale in January.
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October 23, 2024
Mich. Panel Reverses Insurer's $1.2M Fire Subrogation Win
A Michigan state appeals court rejected a property insurer's subrogation bid against commercial tenants over a roughly $1.2 million building fire, finding that while the tenants' lease generally required them to keep their property in good condition, there was no specific provision holding them liable for their own negligence.
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October 23, 2024
Judge Says $85M Signature Bank Lawsuit Came Too Late
A New York federal judge has permanently tossed a lawsuit brought by a developer and its affiliates alleging that a former Signature Bank employee fraudulently misled them into unfavorable financial transactions, saying the claims are time-barred under the bank's one-year statute of limitations and not adequately pled.
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October 23, 2024
Behind The Scenes Of NYC's Film Studio Real Estate Boom
Film and streaming production facilities in New York City are blossoming, spurred on by an explosion in demand for production space from streamers and $7.7 billion in state film tax credits, and attorneys are busy advising on all aspects of financing and developing studios.
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October 23, 2024
NJ City Permitted Bigger Project To End Suit, Opponent Says
A property owner's nonprofit has brought a new lawsuit claiming that the city of Hoboken, New Jersey, gave a developer more than $50 million in project benefits in a settlement that could nearly double the scope of a pair of mixed-use developments along the scenic Palisades cliffs.
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October 23, 2024
Denver Office Space Saw Record High In Q3, Report Says
Metropolitan Denver office spaces experienced "record-high availability" in 2024's third quarter, according to a report from Savills.
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October 23, 2024
USDA Unveils $1.5B In Conservation, Climate-Smart Projects
The U.S. Department of Agriculture on Wednesday revealed a $1.5 billion investment in 92 partner-driven conservation projects through the agency's Regional Conservation Partnership Program.
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October 23, 2024
Judge Says Ex-Steward Hospital Nurse Row Out Of His Hands
A Texas bankruptcy judge Wednesday declined to order the new owner of former Steward Health Care hospitals in Massachusetts to take back changes to nurses' union contracts it assumed under his sale order, saying it wasn't up to him to make the call.
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October 23, 2024
Skyline Investments Inks $101M Sale Of 11 Courtyards
Skyline Investments Inc. has sold 11 Courtyard-branded hotel properties across seven states for $101 million to unnamed buyers, offloading nearly all of a portfolio the company purchased in 2017, according to a statement from broker Marcus & Millichap Inc.
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October 23, 2024
Securities Claim Cut From Fraud Suit Against Calif. Developer
A California federal judge trimmed a securities claim from a Sonoma resident's suit against a real estate company embroiled in a fraud scandal and recommended that the rest of the claims be brought in state court.
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October 23, 2024
Hunton Real Estate Leader Eyes Deal Volume Uptick In 2025
Real estate investors are closely monitoring the Federal Reserve's next moves, and with the belief that more rate cuts are coming, deal volume will likely pick up next year, one of Hunton Andrews Kurth LLP's real estate leaders told Law360 in a recent interview.
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October 23, 2024
Construction Pro Boosts Cullen And Dykman Litigation Team
Leadership at Cullen and Dykman LLP announced the addition of an attorney specializing in construction law, saying the move gives the regional firm increased capacity to take on high-profile cases.
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October 23, 2024
Jones Day Brings Back RE Ace In Dallas From Winstead
Jones Day announced Wednesday that it is boosting its real estate offerings in Dallas with a returning attorney whose regional knowledge and industry experience will be a "real asset" to clients and who previously practiced in the area with Winstead PC.
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October 23, 2024
MVPs: Wachtell's Adam Emmerich & Robin Panovka
Adam Emmerich and Robin Panovka of Wachtell Lipton Rosen & Katz's real estate practice group guided Spirit Realty Capital Inc. in its $9.3 billion all-stock acquisition by Realty Income Corp., one of a string of multibillion-dollar acquisitions that earned the practice group leaders a spot as one of the 2024 Law360 Real Estate MVPs.
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October 22, 2024
'Dewberry' Ruling Doesn't Threaten Corporate Veil, Justices Told
An engineering company that won millions of dollars in a trademark case against a real estate developer that tried to use the "Dewberry" name for a hotel told the U.S. Supreme Court Tuesday to let that ruling stand, arguing that the Fourth Circuit ruling in its favor doesn't undermine the corporate veil.
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October 22, 2024
Real Estate Co. Nets $188M Financing For Industrial Portfolio
Stoltz Real Estate Partners borrowed $188 million to finance its purchase of a 1.9 million square foot infill industrial portfolio comprising 24 buildings located in Nashville and Atlanta, in a financing deal lined up by CBRE, the commercial real estate services company announced Tuesday.
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October 22, 2024
NJ Panel Revives Casino Tax Break Amendment
A New Jersey state appeals court has reinstated an enhanced casino tax break measure that a trial court had deemed unconstitutional, reasoning that the judge neglected to analyze the measure's interplay with the law it amended.
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October 22, 2024
Insurer Wants Payback For Brick Drop On Pa. Law Firm
Bricks and debris fell from an old office building in downtown Pittsburgh, causing more than $51,000 in damage to the roof of Pisanchyn Law Firm, and the insurer of the property housing the firm told a Pennsylvania state court it wants payback.
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October 22, 2024
Wafer Factories Qualify For CHIPS Tax Credit In Final Regs
Semiconductor wafer production facilities will qualify for the 25% investment tax credit that incentivizes advanced chip manufacturing development projects under final regulations the U.S. Department of the Treasury released Tuesday.
Expert Analysis
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Ohio Tax Talk: The Legislative Push For Property Tax Relief
As Ohio legislators attempt to alleviate the increasing property tax burden, four recent bills that could significantly affect homeowners propose to eliminate replacement property tax levies, freeze property taxes for longtime homeowners, adjust homestead exemptions annually for inflation, and temporarily expand the homestead exemption, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Tips For Advising CRE Owners Affected By Houston Storms
As Houston residents begin the arduous process of recovery after this month's devastating storms, attorneys should guide commercial real estate owners and managers toward immediate action under their insurance coverage to facilitate restoration and a return to normalcy, says Justin Ratley at Munsch Hardt.
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Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Real Estate Cos. Can Protect Their IP In The Metaverse
The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.
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Ga. Law Creates Challenges For Foreign Ownership Of Land
Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.
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Questions Remain After Mass. Adverse Possession Case
A recent Massachusetts Land Court decision, concerning an adverse possession claim on a family company-owned property, leaves open questions about potential applicability to closely held corporations and other ownership types going forward, says Brad Hickey at DarrowEverett.
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict
In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema.
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Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Look At New IRS Rules For Domestically Controlled REITs
The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.