Commercial

  • August 02, 2024

    NYC Landlord Hits Firm, Atty With $3M Legal Malpractice Suit

    A New York City landlord that rented to online grocery delivery company FreshDirect has filed a $3 million legal malpractice suit against Horing Welikson Rosen & Digrugilliers PC and one of its partners in state court, saying their alleged negligence resulted in a dismissed case against the grocer. 

  • August 02, 2024

    HFZ Capital Cops To $86M Fraud Charges, Blames Ex-Chief

    Defunct real estate firm HFZ Capital Group pled guilty in an $86 million criminal case Friday, admitting that its former top executive Nir Meir evaded New York City property taxes and stole funds from commercial and residential building projects.

  • August 02, 2024

    Colo. Appeals Panel Rejects Lower Tax Rate For Hospital

    A Colorado rehabilitation hospital should be classified as a commercial property for tax purposes because it was predominantly designed for its services and not for residency, a state appeals court said, reversing a state assessment board.

  • August 02, 2024

    Insurers Seek Quick Win In $2M Injury Coverage Suit

    An AmTrust Financial unit and a Hartford unit each told a New York federal court that the other must solely cover a Manhattan property owner in a construction worker's $2 million injury action, disagreeing over whether the owner is an additional insured under the Hartford unit's policy covering a lessee.

  • August 02, 2024

    Ex-Loeb Tax Atty Latest Addition To Kilpatrick's NY Team

    A former Loeb & Loeb LLP attorney is bringing his experience in U.S. federal tax matters and real estate transactions to Kilpatrick Townsend & Stockton LLP, the firm announced Thursday.

  • August 02, 2024

    Land Sale Deals Allowed In Colo. Eminent Domain Dispute

    A Colorado appeals court ruled against the city of Westminster in its eminent domain action, ruling that three comparable sales contracts and an adjacent land parcel's $51.5 million purchase and sale contract can be admitted as evidence in a valuation trial.

  • August 02, 2024

    Property Plays: VICI, Host Hotels, Tampa Bay Rays

    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.

  • August 02, 2024

    Shartsis Friese Adds Real Estate Litigator In San Francisco

    Shartsis Friese LLP has expanded its real estate team, announcing that it has brought in a litigator and bankruptcy expert from SSL Law Firm LLP as a partner in San Francisco.

  • August 01, 2024

    Lewis Brisbois Slams RICO Claims Alleging 'Sham' Suits

    Lewis Brisbois Bisgaard & Smith LLP has urged a California federal judge Tuesday to toss Chinese investors' accusations that its attorneys filed lawsuits to cover their failure to read "draconian" contract terms that led the investors to lose their $92.5 million stake in a $2.5 billion Los Angeles mixed-used development.

  • August 01, 2024

    Host Hotels & Resorts Buys Up NYC Hotel For $265M

    Hospitality-focused real estate investment trust Host Hotels & Resorts Inc. acquired a 234-room New York City hotel for $265 million in an all-cash transaction, the REIT announced on Thursday during an earnings call for 2024's second quarter.

  • August 01, 2024

    Senate Advances Bipartisan Bill To End Hotel 'Junk' Fees

    The U.S. Senate voted to advance a bill out of committee that would crack down on "junk fees," or hidden fees tacked on to hotel or short-term rental bookings, an idea that has drawn bipartisan support.

  • August 01, 2024

    VICI Passes On Caesars Indianapolis Racino

    VICI Properties Inc., a real estate investment trust focused on gaming and resorts real estate, said Thursday in a call with analysts that it would not pursue a deal to purchase an Indianapolis racino and said it is well-prepared for potential mergers and acquisitions of its casino operators.

  • August 01, 2024

    Bahamas Resort Developer Seeks $1.5B In Builder Fraud Trial

    Counsel for the now-defunct developer of the Bahamian luxury resort Baha Mar opened a bench trial in New York state court Thursday arguing the company lost more than $1.5 billion because of a Chinese state-owned construction firm's "lies, competing agendas and broken promises."

  • August 01, 2024

    Investor Hits Arbor Realty With Securities Fraud Claims

    An investor accused real estate investment trust Arbor Realty Trust Inc. in New York federal court of misleading its investors about how the REIT was doing financially.

  • August 01, 2024

    3 Firms Advise JV To Build Downtown Denver Data Center

    Infrastructure investment firm Stonepeak said it has reached an agreement with American Tower affiliate CoreSite to build a $250 million multiphase data center in downtown Denver, Colorado, in a deal advised by Sidley Austin LLP, Sullivan & Worcester LLP and Cleary Gottlieb Steen & Hamilton LLP.

  • July 31, 2024

    Top California Real Estate News In 2024 So Far

    Catch up on the hottest real estate news out of California so far this year, from homeless policy shifts and rent algorithm disputes to a $5 billion mixed-use project and a shareholder activist campaign.

  • July 31, 2024

    Steward Health Care Gets OK To Close 2 Mass. Hospitals

    A Texas bankruptcy judge Wednesday approved the closure of two Massachusetts hospitals owned by Steward Health Care after the debtor said that it was unable to find buyers for them.

  • July 31, 2024

    Separate Easement Contribution Docs Critical, IRS Atty Says

    Conservation easement donors must always keep separate documents from their donees that acknowledge the gifted property to qualify for a charitable tax deduction in the event the IRS requests such information during an audit, according to an agency counsel Wednesday.

  • July 31, 2024

    Public Storage Sees Declining Move-In Rents Abate In Q2

    Public Storage is continuing to see a slump in incoming rent from tenants moving into new storage units compared to last year, though the losses are decreasing quarter-over-quarter, according to executives in a Wednesday earnings call.

  • July 31, 2024

    Calif. Real Estate Pros Expect More Distress, Fewer Projects

    A majority of surveyed California real estate professionals foresee rising distress levels and a significant decline in new developments in the coming years, according to a new report.

  • July 31, 2024

    Minn. Tax Court Agrees Parking Lot's Value Is $4M, Not $10M

    A Minneapolis parking lot would be best valued as a buy-and-hold investment property and thus its assessed value should be lowered from $10.3 million to $3.9 million, the Minnesota Tax Court said.

  • July 31, 2024

    Minn. Shopping Center's $97M Value Upheld By State Justices

    A Minnesota shopping center was correctly valued for tax purposes at nearly $97 million, the state Supreme Court said Wednesday, rejecting the property owner's argument that the valuation should consider a calculation of effective rent instead of market rent.

  • July 31, 2024

    Fox Rothschild Faces Malpractice Suit Over Land Row

    Two siblings have brought legal malpractice claims against Fox Rothschild LLP and a firm partner in New Jersey state court, accusing the lawyer of bungling a 1984 property deed and a 1993 trust belonging to their stepfather.

  • July 31, 2024

    Public Interest Firm Adds K&L Gates Ex-Partner As Managing Atty

    The Fairness Center, a Harrisburg, Pennsylvania-based nonprofit legal services organization representing public-sector union employees against union officials, has expanded its leadership team this week by adding a former K&L Gates partner as a managing attorney.

  • July 31, 2024

    Ohio Tax Board Says Two McDonald's Properties Overvalued

    Two Ohio McDonald's restaurants were overvalued by the Lorain County Board of Revision, the state tax appeals board ruled, agreeing with the company's appraisal taking into consideration comparable properties.

Expert Analysis

  • Shipping Containers As Building Elements Require Diligence

    Author Photo

    With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.

  • NY Tax Talk: Triggers For Tax On Software-As-A-Service

    Author Photo

    Recent decisions by New York’s Tax Appeals Tribunal and Division of Tax Appeals, finding that services bundled with prewritten software were tangible property, provide insight into the features and customer interactions that render such products subject to New York sales tax, say Elizabeth Cha and Madison Ball at Eversheds Sutherland.

  • Rock Climbing Makes Me A Better Lawyer

    Author Photo

    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • NY Ruling Offers A Foreclosure Road Map For Lenders

    Author Photo

    A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.

  • Kentucky Tax Talk: Appeals Court Revisits Leases' Tax Effects

    Author Photo

    With better facts and greater emphasis on the Kentucky Constitution, Walgreen Co. may succeed in its latest Kentucky Court of Appeals challenge to a tax assessor's method of valuing leaseholds on real property for purposes of determining ad valorem tax, say Mark Sommer and Elizabeth Ethington at Frost Brown Todd.

  • Utilizing Liability Exemption When Calif. Cities Lease Property

    Author Photo

    With rising costs pushing California municipalities to lease real estate assets instead of purchasing them, municipalities should review the ample case law that supports certain exceptions to California Constitution Section 18(a) requirements, providing that certain long-term lease obligations are not considered to be liabilities, says Steven Otto at Crosbie Gliner.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

    Author Photo

    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

  • A Checklist For Lenders Preparing For CRE Loan Defaults

    Author Photo

    Considering the recent interest rate environment, lenders should brush up on the proper steps that they should take when preparing to respond to a borrower's default on a commercial real estate loan, and borrowers should understand what lenders will be reviewing, says attorney Norma Williams.

  • 7th Circ Joins Trend Of No CGL Coverage For Structural Flaws

    Author Photo

    The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.

  • Criminal Enforcement Considerations For Gov't Contractors

    Author Photo

    Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.

  • Solving Puzzles Makes Me A Better Lawyer

    Author Photo

    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Boxing Makes Me A Better Lawyer

    Author Photo

    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • The Often Overlooked NY Foreclosure Notice Requirements

    Author Photo

    As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.