Commercial

  • November 21, 2024

    EB-5 Experts Eyeing 4 Suits For Needed Clarity

    A 2022 law that revived and revamped the EB-5 immigrant investor visa program has left stakeholders with unanswered questions, and immigration attorneys said at a webinar Wednesday that they're eyeing four current cases for potential answers.

  • November 21, 2024

    Hype For Energy Tax Perks Could Shield Regs From Repeal

    President-elect Donald Trump and Republican lawmakers could turn to an oversight tool called the Congressional Review Act to undermine clean energy tax credit regulations implementing key parts of Democrats' signature climate law, but the strategy may falter due to GOP support for the incentives.

  • November 21, 2024

    Ga. Attys' Easement Fraud Class Suit Shipped To State Court

    A Georgia federal judge kicked back to state court a proposed class action accusing conservation easement fund organizers of racketeering and defrauding investors, saying the organizers failed to prove that the proposed class had at least 100 investors or that the case hinged on federal law.

  • November 21, 2024

    Experts Cool On 'Chill' Defense In NJ RICO Case

    Former prosecutors and academics are doubtful two of New Jersey's most politically connected attorneys can convince a judge that the racketeering case against them will have a chilling effect on lawyering, given that prosecutors only have to show they knew the end game of the notorious Democratic power broker they're accused of helping.

  • November 21, 2024

    La. Parishes Can't Change Property Values After Court Rulings

    Louisiana parish assessors lack the authority to unilaterally change a property's assessment if they become aware of an error in the assessment after a local board or the state Tax Commission sets the property's value, the state attorney general's office said.

  • November 21, 2024

    PierFerd Adds Fla. Transactions Partner From Taylor English

    Pierson Ferdinand LLP just got a bit larger with the addition of a partner in Miami from Taylor English Duma LLP, bringing expertise in real estate, banking and financial services that is expected to bolster the firm's ongoing growth.

  • November 20, 2024

    Suit Alleges Fraud In Scuttled Deal Over Calif. Pot Grow

    A California company is looking to claw back a $250,000 down payment to purchase a cannabis entity's cultivation operation, claiming a grower and others involved in the failed deal conspired to take the money, according to a lawsuit filed in California state court.

  • November 20, 2024

    RE Firm Savanna Closes $255M Manhattan Office Building Buy

    Savanna has purchased a distressed 12-story, 176,588-square-foot Manhattan office building for a "deeply discounted" $255 million price tag, the real estate investment firm announced on Wednesday.

  • November 20, 2024

    3 Firms Guide $425M Loan For Ariz. Sports Complex Project

    CTL Capital LLC loaned $425 million to Knott Development for its Tucson, Arizona, sports complex project, with the deal receiving guidance from Thompson Hine LLP, Goulston & Storrs LLP and Snell & Wilmer LLP.

  • November 20, 2024

    NJ Power Broker, Attys Demand Wiretap Docs In RICO Case

    George E. Norcross III, a politically influential insurance executive in New Jersey, and others accused alongside him of a massive racketeering scheme demanded Wednesday that state prosecutors turn over complete wiretap application information dating back to 2016, arguing that those details form the core of the state's case against them.

  • November 20, 2024

    Extell To Tear Down Madison Ave. Office For Mixed-Use Tower

    Extell Development plans to demolish an office building on Manhattan's Madison Avenue and erect a mixed-use tower with apartments on the site, according to New York City records filed this week.

  • November 20, 2024

    McCarter Partner, Former Miami Official On AI In Land Use

    From planning for mega storms to streamlining zoning approvals, artificial intelligence tools are bringing efficiency and new modeling capabilities to local governments.

  • November 20, 2024

    MVP: Latham's Michelle Kelban

    Michelle Kelban, co-chair of Latham & Watkins LLP's real estate group, helmed a $2 billion construction financing for Cain International and guided Ares Management's blockbuster purchase of GCP International, earning her a spot as one of the 2024 Law360 Real Estate MVPs.

  • November 19, 2024

    DC Circ. Ruling Adds New Wrinkle To Agency NEPA Reviews

    Federal regulators may be left to question the limits of their powers in overseeing projects and enforcing environmental law after a recent D.C. Circuit ruling calling into question the White House's ability to set environmental policy.

  • November 19, 2024

    Calif. Hotel Wants To Stay Open Through Another Ch. 11

    A California judge on Tuesday asked bankrupt San Jose hotel owner SC SJ Holdings for more information about who owns the cash management account that the debtor wants to use to keep operating during its second run through Chapter 11.

  • November 19, 2024

    Ohio Board OKs Income Approach In Two Theater Valuations

    Two Ohio movie theaters should be valued using the income approach to valuation applied by a county appraiser, the state tax board said in separate rulings involving two counties.

  • November 19, 2024

    PierFerd Adds FisherBroyles RE Partner To DC Shop

    Pierson Ferdinand LLP has added a FisherBroyles LLP partner who works with real estate financing and transactional matters to its Washington, D.C., team, the firm announced Tuesday.

  • November 19, 2024

    Fried Frank Guides REIT's Ongoing Brooklyn Retail Expansion

    Empire State Realty Trust closed on the purchases of two properties in the Williamsburg neighborhood of Brooklyn, New York — the latest in the company's spate of retail acquisitions in that area — in a deal guided by Fried Frank Harris Shriver & Jacobson LLP.

  • November 19, 2024

    Tarter Krinsky Adds CRE Transaction Atty

    An attorney with experience across the spectrum of commercial real estate transactions has joined Tarter Krinsky & Drogin LLP's real estate practice from Riley Riper Hollin & Colagreco PC, the firm announced.

  • November 19, 2024

    RFK Stadium Bill Passes Committee, Full Senate Vote Is Next

    A bill that would give the Washington, D.C., city government control over land that could be home to a new stadium for the NFL's Commanders passed overwhelmingly Tuesday morning by the U.S. Senate Energy and Natural Resources Committee, moving it to the full Senate for approval.

  • November 19, 2024

    Treasury Finalizes Partnership Tax Credit 'Direct Pay' Regs

    The U.S. Treasury Department finalized regulations Tuesday to make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.

  • November 18, 2024

    3M Can't Add DuPont, Others To PFAS Water RICO Fight

    A Massachusetts federal judge rejected on Monday requests by 3M Corp. and other defendants to add DuPont entities and over a dozen additional companies as cross-defendants in a proposed racketeering class action seeking to hold the companies liable for conspiring to contaminate local drinking water with so-called forever chemicals.

  • November 18, 2024

    Chancery Orders Paybacks In Decade-Old Lease Co. Suit

    Former directors of a global temporary housing business that served corporations worldwide must repay indemnification payouts under a multipart Court of Chancery ruling on a suit originally brought in 2014 alleging breaches of a shareholder agreement and fiduciary duty.

  • November 18, 2024

    Treasury Finalizes Tougher Foreign Investment Law Penalties

    The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.

  • November 18, 2024

    Mo. Bank Properly Valued At $1.1M, Commission Rules

    A Missouri property that is owned and operated by a bank branch was properly valued at $1.1 million, the state's tax commission ruled, saying the bank's appraiser was not persuasive in her argument that the value should be lowered to $725,000.

Expert Analysis

  • Appellate Rulings Highlight Telecom Standard Uncertainties

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    Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.

  • How Investors Can Seize Renewables Opportunities In RE

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    As governments and stakeholders increasingly focus on sustainability in the real estate sector, investors could capture significant upside by implementing an operational real estate strategy focused on renewable energy sources, say attorneys at Goodwin.

  • Insurance Cos. Are Stretching Construction Standard Limits

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    In the construction sector, the importance of closely vetting downstream parties' insurance policies has never been more critical — owners and general contractors need to be on the lookout for ever broader carrier-specific expansions of standard insurance provisions that are perilous for risk transfer, says Eric Clarkson at Saxe Doernberger.

  • Potential WeWork Bankruptcy May Disrupt Coworking Spaces

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    If WeWork files for bankruptcy, as hinted at in its recent quarterly earnings report, landlords may struggle to take over management of WeWork's coworking spaces, but the coworking industry as a whole is showing some promise in adapting to the market's evolving post-pandemic office needs, says Ann Chandler at Hall Estill.

  • A Cautionary Tale Of Flawed Debt Accounting And SEC Fines

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    The U.S. Securities and Exchange Commission's recent improper-accounting charges against Malvern Bancorp and its ex-CFO highlight crucial practice issues, including the need to objectively evaluate borrowers' credit, say attorneys at Arnold & Porter.

  • Bat's Newly Endangered Status Likely To Slow Development

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    A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.

  • Litigation Can Facilitate EB-5 Investor Visa Determinations

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    Processing times in the EB-5 investor visa program continue to rise, but filing a mandamus claim in the right venue against U.S. Citizenship and Immigration Services may offer applicants mired in delay a means to expedite processing, says Mark Stevens at Clark Hill.

  • Regulators Must Get Creative To Keep Groundwater Flowing

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    Even as populations have boomed in Sun Belt states like Arizona, California and Texas, groundwater levels have diminished due to drought and overuse — so regulators must explore options including pumping limits, groundwater replenishment and wastewater reuse to ensure future supplies for residential and commercial needs, says Jeffrey Davis at Integral Consulting.

  • Key Provisions In Florida's New Insurer Accountability Act

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    Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.

  • Best Practices For Lenders To Limit Recourse Liability

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    As projects face loan maturities in a higher interest rate environment, lenders should diligently observe even seemingly innocuous formalities following an event of default in order to minimize potential recourse liability, especially when borrowers have certain covenants, say Ryan Goins and Matthias Kleinsasser at Winstead.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Rising Interest Rates Bring Risk For Construction Contractors

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    With rising interest rates causing many construction projects to be slowed or halted, it's important for general contractors to implement safeguard measures against the risk of significant financial losses caused by owner-driven schedule modifications, says Kevin Riexinger at Gfeller Laurie.

  • Keys To Navigating The Post-Pandemic CRE Market

    Excerpt from Practical Guidance
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    As the commercial real estate market continues to face repercussions from the COVID-19 pandemic, lawyers should use office occupancy and leasing volume numbers to anticipate future trends and help guide clients through an uncertain landscape, says Joseph Calvanico at J2C Valuations.