Commercial

  • April 10, 2025

    Parish Must Face Discriminatory Land Use Suit, 5th Circ. Says

    A Fifth Circuit panel has revived a lawsuit accusing a Louisiana parish of steering hazardous industrial facilities into Black communities, holding that claims from a church and two resident groups in an area dubbed Cancer Alley were timely and alleged concrete injuries.

  • April 10, 2025

    Receiver Sought For Denver Work Space After $60M Default

    A trustee is seeking to place a Denver coworking space in receivership after its owner defaulted on a $60 million loan and failed to pay operating expenses and a property manager, according to a filing in Colorado state court.

  • April 10, 2025

    Reps Intro Bill To Cap Conservation Easement Protections

    Two Republican congresswomen have introduced a bill that would put a 30-year cap on conservation easements entered into by the U.S. Department of the Interior, saying the agreements shouldn't be allowed to hamstring future generations of landowners.

  • April 10, 2025

    Loan Investor Claims Servicer Mishandled $1.8B In Mortgages

    A loan investor accused mortgage servicer Caliber Home Loans in New York federal court of fumbling nearly $1.8 billion of distressed residential mortgages that were part of a purchase agreement between the two companies.

  • April 10, 2025

    Whole Foods Sues CBL, Transformco Over Asbestos In Store

    Whole Foods Market Group Inc. is suing entities connected to real estate investment trust CBL Properties and retail company Transformco for more than $1 million, alleging that the companies are liable for an "ill-fated and injurious" redevelopment project that created asbestos in a North Carolina Whole Foods store.

  • April 10, 2025

    Lowenstein Sandler Doubling DC Office Space By Next Year

    Lowenstein Sandler LLP will take over an entire floor in its current Washington, D.C., office building, doubling its footprint, to keep up with demand in the nation's capital, office managing partner Zarema A. Jaramillo told Law360 Pulse in an interview Thursday.

  • April 10, 2025

    Ready Capital Brass Face Suit Over Real Estate Loan Losses

    Executives and directors of real estate finance company Ready Capital Corp. were hit with a shareholder derivative suit alleging they failed to disclose that the company's nonperforming commercial real estate loans were damaging its bottom line and would force it to take "aggressive action" to preserve its finances.

  • April 10, 2025

    Sullivan & Worcester Hires Fried Frank REIT Tax Pro

    Sullivan & Worcester LLP announced Thursday that it has hired a Fried Frank Harris Shriver & Jacobson LLP partner, noting that the attorney comes to the firm with deep real estate investment trust tax expertise.

  • April 10, 2025

    NJ Panel Tosses Mall Owner's Bid To Spike Mixed-Use Project

    A New Jersey appeals panel rejected a Newark shopping center owner's attempt to compel a builder to construct a parking garage instead of a mixed-use project on an adjacent property by citing a 2004 city plan.

  • April 10, 2025

    Del. Justices Urged To Revive Gellert Seitz Malpractice Case

    A homebuilder is asking the Delaware Supreme Court to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case over damages the builder says it suffered due to negligent representation in loan restructuring disputes with a bank.

  • April 10, 2025

    Sidley Snaps Up Cadwalader Real Estate Finance Team

    Sidley Austin LLP recruited a team of real estate finance attorneys from Cadwalader Wickersham & Taft LLP, including the co-head of the firm's real estate financing group and three other partners, Law360 Real Estate Authority has learned.

  • April 10, 2025

    Blackstone Bolsters Warehouse Portfolio In $718M Texas Buy

    Blackstone on Thursday announced it has agreed to buy a 6 million-square-foot portfolio of warehouse buildings in Dallas and Houston from Crow Holdings for $718 million in a bet on logistics during a time of market upheaval.

  • April 09, 2025

    Dechert Leaders Talk Commercial Mortgage-Backed Securities

    After a few slow years, activity in the commercial mortgage-backed securities market has roared back to life, as investors, lenders and borrowers get comfortable with the new normal and find ways to get deals done, according to Laura Swihart and Stewart McQueen of Dechert LLP.

  • April 09, 2025

    NJ Will Pay $15M To Settle County's Casino Tax Break Lawsuit

    Atlantic County and the state of New Jersey have reached a $15 million settlement over a dispute related to a property tax break program for casinos that the county argued unconstitutionally shifted the tax burden to its municipalities.

  • April 09, 2025

    FAU Research Park Looks To Bring Innovators To Boca

    South Florida-based real estate private equity firm PEBB Enterprises and Banyan Development have tapped Colliers to handle leasing at a research office park connected to Florida Atlantic University, aiming to attract both startups and established businesses, particularly in technology and other innovative fields, to the recently upgraded facility.

  • April 09, 2025

    Ill. Real Estate Broker Gets 4 Years For $3M Investment Scam

    A Chicago real estate broker has been sentenced to more than four years in prison after pleading guilty last year to allegations he duped clients into investing millions of dollars in properties that did not exist and then used the investors' funds for personal expenses, federal prosecutors announced Wednesday.

  • April 09, 2025

    Banks Back Private Credit's Rise. Should Borrowers Care?

    Banks provide back-financing in most real estate private credit deals and often have a say on what happens when a loan goes bad, but attorneys have different opinions about whether borrowers should be tuned into what's going on with their debt behind the scenes.

  • April 09, 2025

    Colliers Says Q1 Atlanta Office Market Trends Toward Balance

    Commercial broker Colliers said construction activity remained at its lowest level since 2011 in the first quarter as the overall vacancy rate rose slightly on a quarterly basis to 24.2% in Atlanta's office market.

  • April 09, 2025

    Mich. City Says Pot Co. Can't Challenge Rivals' Licenses

    A Michigan city is urging a federal court to throw out a suit by a would-be dispensary alleging that the city violated state law and the Constitution when it awarded its cannabis licenses, saying the company does not have a property right to sell substances that are illegal under federal law.

  • April 09, 2025

    Miami Offices See Uptick, Despite Decline In Construction

    The Miami office market got off to a positive start in 2025 after slowing down last year, although construction activity continued to decline in the sector, according to a new report from global real estate advisory firm Avison Young.

  • April 09, 2025

    Trade Policy Prompts Fla. 'Wait-And-See' Effect, CBRE Says

    Commercial broker CBRE said firms in Jacksonville, Florida's industrial market may be taking a "wait-and-see approach" while digesting changes in trade policy, based on Q1 figures showing the market saw its first quarter of negative absorption since 2019.

  • April 09, 2025

    Blackstone Clinches $10.8B European Real Estate Fund

    Simpson Thacher & Bartlett LLP-advised private equity giant Blackstone on Wednesday announced that it wrapped its latest European real estate fund with €9.8 billion ($10.8 billion) of total capital commitments.

  • April 08, 2025

    Expedia's Cuban Island Bookings Were Illegal, Jurors Told

    A Cuban-American man who says he is the rightful heir to an island off the coast of Cuba that was seized by the Communist government told jurors Tuesday that Expedia illegally trafficked in stolen property by offering reservations for resorts on the island through its website.

  • April 08, 2025

    NY High Court Probes If State Emissions Cap Preempts City's

    New York's highest court questioned Tuesday why the state Legislature did not explicitly state that it meant for a 2019 climate law to preempt a law regulating greenhouse gas emissions that New York City passed earlier that year, amid property owners' challenge to the city law.

  • April 08, 2025

    Univ. Of The Arts Gets Last Ch. 7 Property Sale Approved

    Philadelphia's University of the Arts received the Delaware bankruptcy court's approval Tuesday for its sale of an historic building, the seventh and final real estate sale in the defunct school's Chapter 7 case.

Expert Analysis

  • How Real Estate Cos. Can Protect Their IP In The Metaverse

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    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.

  • Ga. Law Creates Challenges For Foreign Ownership Of Land

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    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.

  • Questions Remain After Mass. Adverse Possession Case

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    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.

  • 4 Takeaways From Biden's Crypto Mining Divestment Order

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    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.

  • Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict

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    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. 

  • A Look At New IRS Rules For Domestically Controlled REITs

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    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.

  • How New Rule Would Change CFIUS Enforcement Powers

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    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.

  • 2nd Circ. Eminent Domain Ruling Empowers Municipalities

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    The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.

  • SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • How Cos. Can Comply With New PFAS Superfund Rule

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    The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

  • Bankruptcy Ruling Shifts Lease Rejection Claim Calculation

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    A New York federal court’s recent ruling in In re: Cortlandt provides guidance on how to calculate a landlord's damages claim when a bankruptcy debtor rejects a lease, changing from an approach that considers the remaining rent due under the lease to one that considers the remaining time, say Bethany Simmons and Noah Weingarten at Loeb & Loeb.