Commercial
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July 15, 2024
Ariz. Rancher Says Monument Order A 'Regulatory Regime'
A sixth-generation Arizona rancher is fighting a bid by the Biden administration to dismiss litigation challenging a presidential proclamation that designated an Indigenous site in the Grand Canyon region a national monument, arguing the order subjects him to a "regulatory regime" he must comply with to enhance his property.
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July 15, 2024
Pa. Property Owner's Tax Appeal Meritless, Court Says
A Philadelphia property owner properly had its appeal of a tax assessment dismissed by a trial court because its complaints were meritless, the Pennsylvania Commonwealth Court affirmed.
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July 15, 2024
KKR Buys Texas Industrial Logistics Park For $234M
Global investment firm KKR purchased a 1.8 million-square-foot, 12-building industrial logistics park in Houston from Artis Real Estate Investment Trust for $234 million, the companies announced Monday.
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July 15, 2024
Firms Fall Short On Occupancy Goals Amid Downsizing Trend
U.S. law firms have been working to reduce the amount of office space allocated per attorney. Despite these efforts, a recent report by the real estate services company Savills Inc. found that the average square footage per attorney still remains higher than the occupancy ratios most firms aim for.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Property Plays: Brookfield, Bally's, Kushner Cos.
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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July 12, 2024
Goodwin Reps Gaming Co. On Bally's Chicago Casino Deal
Goodwin Procter LLP represented Gaming and Leisure Properties Inc. in a Friday deal with Bally's to finance construction of a $940 million Chicago casino and hotel in a sale-leaseback deal giving the Pennsylvania real estate investment trust ownership of Bally casinos in Kansas City and Shreveport, Louisiana.
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July 12, 2024
DC To Offer 15-Year Tax Freeze For Office Conversion Projects
Washington, D.C., plans to offer a 15-year property tax freeze for projects that aim to reposition an office building for a different commercial use, building on the city's larger effort to enliven its downtown, according to an announcement by Mayor Muriel Bowser.
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July 12, 2024
Pa. Drive-In Dinged For Sleepovers In No-Campground Zone
A Pennsylvania drive-in movie theater's "overnight passes" for guests to stay after a late-night showing or for multiple days of a movie marathon effectively made the theater into a campground and ran afoul of township zoning ordinances, a state appellate court ruled Friday.
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July 12, 2024
Wayfair Says Contractor On 1st Megastore Stiffed Vendors
Online retailer Wayfair LLC says the company it hired to oversee the build-out of its first "large-format" brick and mortar location failed to pay multiple subcontractors on the project, forcing Wayfair to pay the subcontractors directly to ensure that the store opened on time, according to a complaint filed Friday.
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July 12, 2024
Saul Ewing Adds Entertainment, Real Estate Litigator In LA
Saul Ewing LLP has added as a partner in its Los Angeles office a trial attorney with a nearly 30-year track record of representing public and private companies, along with executives and investors in entertainment and real estate disputes.
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July 12, 2024
Ohio Warehouse Sale Too Old To Boost Value, Tax Panel Says
A county board in Ohio was wrong to rely on the $27 million sale price of a warehouse property to raise its tax valuation because that sale occurred more than two years before the applicable tax lien date, the state Board of Tax Appeals ruled.
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July 11, 2024
2nd Circ. Backs Disbarred Atty's Prison Term For Fraud Plea
A disbarred California attorney can't reverse a Manhattan federal court's 5½-year prison sentence and $5.5 million restitution order that followed his guilty plea to wire fraud for a real estate and venture fraud scheme, the Second Circuit ruled Thursday.
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July 11, 2024
All Grand Jury Witnesses Get Civil Immunity, Colo. Panel Says
A Colorado state appeals court held for the first time Thursday that all types of grand jury witnesses have absolute immunity for their testimony, though they don't have sweeping protection for statements made before the proceedings start.
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July 11, 2024
Ross Steps Down At Related Cos. To Run Florida-Based Firm
Stephen M. Ross, a giant in the real estate development world, is stepping away from his leadership role as chairman of Related Cos., which he founded in 1972, to focus on the South Florida market as the head of a new firm.
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July 11, 2024
Pa. Condo Owner Group Takes Inner-Tower Conflict To Court
The residents association of a downtown Pittsburgh condo building sued the building's commercial association in state court, alleging they have been improperly denied access to commercial sections of the building needed to complete HVAC repair work.
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July 11, 2024
CLO Holder Can't Duck Portfolio Manager's Feud Just Yet
A New York federal court has refused to finalize a February decision dismissing all claims against an investment scheme created to hold collateralized loan obligations whose liquidation is at the center of a sprawling dispute.
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July 11, 2024
3 Firms Lead Brookfield's $1.3B DRA Industrial Buy
Gibson Dunn & Crutcher LLP advised Brookfield on a $1.3 billion purchase of a 128-property industrial portfolio from DRA Advisors LLC, which retained Blank Rome LLP, while Dechert LLP represented those financing the deal, Law360 learned Thursday.
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July 11, 2024
'Bridgegate' Defense Offers Road Map For NJ RICO Case
Counsel for the powerful New Jersey mogul and Democratic operatives facing explosive racketeering charges are likely to justify their actions as just business, experts told Law360, describing defense tactics similar to the ones that absolved defendants in "Bridgegate," New Jersey's most notorious politics-fueled crime in recent history.
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July 11, 2024
Golf Club Investment Co. Buys Up NJ Golf Club And Mansion
Golf club-focused investment company Concert Golf Partners purchased a private 222-acre golf club and mansion located in Princeton, New Jersey, near Princeton University, the Florida-based company announced.
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July 11, 2024
Bilzin Sumberg Advises $70M Refi On Luxury Miami Office
Miami-based developer CMC Group has taken out a $70 million loan to refinance its 4000 Ponce nine-story, Class A office and retail building in a transaction advised by Bilzin Sumberg Baena Price & Axelrod LLP.
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July 10, 2024
Washington Justices To Tackle CARES Act Eviction Split
Washington's Supreme Court has agreed to review whether the CARES Act eviction notice only applies to tenants who are late on rent, and not to violent tenants targeted by landlords for quick removal.
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July 10, 2024
NJ Panel Says Tax Amendment Challenge Had No Real Claim
A New Jersey state appeals court on Wednesday tossed a challenge to an amendment blocking certain appeals from being litigated in the state's tax court, reasoning that parties can still fight tax matters in trial court.
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July 10, 2024
Co. Wants 'Duplicative' $18.8M Theft Coverage Suit Tossed
A Georgia shopping center owner involved in coverage disputes with its insurer after suffering an $18.8 million theft and vandalism loss asked a Georgia federal court to dismiss or stay its insurer's case until its own prior Texas state loss coverage action against the carrier is decided.
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July 10, 2024
Federal Claims Tossed In Colo. Short-Term Rental Row
A Colorado federal judge partially dismissed and remanded a suit filed by a nonprofit representing vacation rental owners who claim that a resort town's laws governing short-term rental licenses are overly restrictive.
Expert Analysis
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How 3D Printing And Prefab Are Changing Construction
The growing popularity of trends like 3D printing technology and prefabrication in the construction industry have positive ramifications ranging from reducing risks at project sites to streamlining construction schedules, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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A Deep Dive Into High Court's Permit Fee Ruling
David Robinson and Daniel Golub at Holland & Knight explore the U.S. Supreme Court's recent ruling that a local traffic impact fee charged to a California property owner may be a Fifth Amendment taking — and where it leaves localities and real estate developers.
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Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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What To Consider When Buying RE Promissory Notes
In light of recent distress in the real estate market, note purchases — in which an investor buys a promissory note and mortgage rather than actual property — can be a worthwhile alternative to traditional investments, but require careful contemplation of unique risks and strategic considerations, say Douglas Praw and Katelyn DeMartini at Holland & Knight.
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Consider 2 Alternative Exit Plans In RE Distress Scenarios
In the face of an impending wave of foreclosures, lenders and borrowers alike should consider two exit strategies — deed-in-lieu of foreclosure and consent foreclosure — that can mitigate potential costs and diminution in property value that could be incurred during a lengthy proceeding, say attorneys at BCLP.
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Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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SEC Climate Rules Create Unique Challenges For CRE
The U.S. Securities and Exchange Commission's recently adopted final rules concerning climate-related disclosures for public companies are likely to affect even real estate companies that are not publicly traded, since they may be required to provide information to entities that are subject to the rules, says Laura Truesdale at Moore & Van Allen.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.
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How Retail Tenants Can Avoid Paying Rent Prematurely
When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.
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Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.