Commercial
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May 15, 2024
Lender Drops $4M Fraud Suit Against Ga. Golf Course Owner
Lender U.S. Strategic Capital Advisors has moved to voluntarily drop its lawsuit accusing the owner of an Atlanta-area golf course of using a more than $4 million loan to prop up other businesses, shortly after a Georgia federal judge denied successive efforts to wrest control of his assets.
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May 15, 2024
Morgan Stanley Sells 4 Warehouses On US Border For $178M
Morgan Stanley Investment Management said Wednesday that it has sold four industrial properties in El Paso and Laredo, Texas, for a combined $178 million to two unidentified institutional investors.
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May 15, 2024
Holland & Knight Hospitality Leader Sees Mixed-Use Boom
As hotel companies ride a rebound in travel following occupancy lows in 2020 when the COVID-19 pandemic hit, the hospitality sector is also benefiting from a boom in demand for mixed-use residential and hotel projects, one of Holland & Knight LLP's hospitality leaders told Law360 in a recent interview.
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May 15, 2024
Philly Landlord Settles Paralegal Assault Case For $6M
The landlord of a Philadelphia office tower will pay $6 million to settle a suit claiming that negligent security allowed a man to sneak into the building and sexually assault a paralegal at a small law firm working upstairs, according to the plaintiff's attorneys.
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May 14, 2024
NC State Fights Cancer Patient's Presuit Building Access
North Carolina State University is pressing the state appeals court to find it is insulated from an "unusual" order allowing a former graduate student worker diagnosed with cancer to inspect a campus building that tested high for levels of carcinogens.
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May 14, 2024
CBRE Report Finds Alternative Lenders Replaced Banks In Q1
Commercial broker CBRE has said high interest rates slowed the lending market in the first quarter, with alternative lenders stepping in to fill the gap left by less bank activity.
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May 14, 2024
Data Center Co. Plans $283M Project For Texas City
Data center company Skybox is planning to build a $283 million data center project in Hutto, Texas, that will have a two-story office and a two-story data center shell, according to the company's registration notice with the Texas Department of Licensing and Regulation.
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May 14, 2024
Fed Finds Big Banks Lack Data To Model Climate Risk
A Federal Reserve analysis found that a group of the biggest banks in the U.S. mostly lacked the data to forecast the hypothetical effects of future climate-related disasters, even if such events are likely to drive up loan defaults.
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May 14, 2024
Cos. Ask NY Court To Invalidate 100s Of Pot Licenses
New York state's beleaguered cannabis oversight agency has been hit with another lawsuit, this one seeking to invalidate hundreds of retail licenses that regulators issued to those most directly affected by the enforcement of marijuana prohibition laws.
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May 14, 2024
Property Deals See More Scrutiny As Tip Sparks Forced Sale
The Committee on Foreign Investment in the United States is likely this year to look at additional real estate deals near government property, experts told Law360 Tuesday, a day after the White House ordered a real property divestment near a Wyoming Air Force base following national security concerns.
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May 14, 2024
Goldman Sachs Secures $7B For Real Estate Credit Investing
Goldman Sachs Alternatives pulled in more than $7 billion in its latest credit-focused fund and related investment vehicles, as the firm goes after financing opportunities in dislocated real estate markets across the world.
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May 14, 2024
Feds Dodge Salt Lake City's Suit Over $1B Gondola Plan
A Utah federal judge on Tuesday dismissed the federal government from a Salt Lake City lawsuit challenging federal approvals of a $1 billion plan to address traffic congestion by building the world's longest gondola.
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May 14, 2024
Tenn. Judge Wants Default Win For Bank But No Atty Fees
A Tennessee magistrate judge recommended partially granting a default judgment win to a bank suing a Florida-based developer accused of defaulting on about $15.3 million in loans, but also suggested denying the bank attorney fees.
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May 14, 2024
Polsinelli Grows With 2 CMBS Experts From Kilpatrick
Polsinelli PC has brought on two shareholders in Florida and North Carolina from Kilpatrick Townsend & Stockton LLP, bolstering the firm's real estate finance and financial services offerings, according to a Tuesday announcement.
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May 14, 2024
London-Based Legal Recruiter Opens 1st US Shop In Miami
London-based legal recruiting firm Buchanan Law announced Tuesday that it is opening its first U.S. location and second shop overall in Miami, touting the city's status as a principal hub for the country's East Coast legal industry.
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May 13, 2024
REIT Inks Deal To End Investors' Board Takeover Bid
Presidio Property Trust has agreed to nominate one new director to its board, ending a Zuma Capital Management-led investor group's bid to replace five of the real estate investment trust's six board members, in a deal guided by three law firms.
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May 13, 2024
Petersen Health Receivership Deal Draws US Trustee Concern
Senior living chain Petersen Health Care Monday told a Delaware bankruptcy judge it has struck a deal to resolve the status of a number of its facilities that are in receivership, but the U.S. Trustee's Office said the deal may bend the Bankruptcy Code too far.
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May 13, 2024
NJ Justices Hold Contract Supersedes Real Estate Wage Law
The contract a real estate agent signed deeming him an independent contractor is enough to resolve his claims of improper wage deductions, the New Jersey Supreme Court ruled Monday, saying that a state three-prong test doesn't need to apply.
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May 13, 2024
White House Bars Real Estate Deal Near Air Force Base
President Joe Biden is ordering a recent purchaser of real estate near an Air Force base in Wyoming to sell portions of the property, based on a public tip and a finding from the Committee on Foreign Investment in the United States that cryptocurrency mining there presents a national security risk.
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May 13, 2024
Nursing Home Says Buyer's Lease Silence Endangers Future
An Ohio-based nursing home operator claimed Monday that its Pickaway County nursing home is in "imminent danger" because the company's owners are threatening the licensing and management of the nursing home by refusing to acknowledge terminated leases and not making the transition to a new lessee and operator.
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May 13, 2024
NYC Real Estate Week In Review
Dylan Chan Law Firm, Norris McLaughlin and Morgan Lewis are among the law firms that grabbed work on the largest New York City real estate deals to hit public records last week, a slow period that saw only three deeds above the $15 million mark become public.
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May 13, 2024
Colliers Says Outer Boroughs Industrial Leases Jumped In Q1
Industrial leasing in New York City's outer boroughs picked up in the first quarter, with a film studio leasing in central Queens leading the way, according to an analysis from Colliers.
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May 10, 2024
Vegas Hotels, Software Cos. Escape Price-Algorithm Suit
A Nevada federal judge has permanently tossed a proposed class action that accused two software companies and multiple hotel operators of using an algorithm software in a price-fixing scheme for hotel room prices on the Las Vegas Strip.
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May 10, 2024
Boston's Industrial Market Seeing Vacancies Rise
The vacancy rate of metropolitan Boston's industrial sector rose to 9.8% in 2024's first quarter, which is four percentage points higher than the rate seen at the end of 2021, Colliers reported Friday.
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May 10, 2024
Disney World's Lone Independent Resort Gets $734M Refi
JLL's hotels and hospitality group said Friday that it had arranged a $735 million commercial mortgage-backed securities loan to refinance the Walt Disney Co.'s Swan & Dolphin resort, a 2,619-key property adjacent to theme parks in Lake Buena Vista, Florida.
Expert Analysis
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SVB Collapse Underscores Policy And Regulatory Pitfalls
The recent failures of three American banks reveal hidden vulnerabilities, raise concerns about moral hazard, and highlight the need for tighter regulation and closer monitoring of unrealized investment-portfolio losses in the U.S. banking system, says attorney Patrick Meson.
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Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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NY Bankruptcy Court Pivots On Commercial Rent Damage Cap
A New York bankruptcy court departed from its prior precedent in the recent Cortlandt Liquidating case, effectively lowering the commercial rent damages cap, and making the court a little less friendly for landlords but potentially an attractive venue for debtors planning to reject significant commercial leases, say attorneys at MoFo.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Bankruptcy Sales Uncertain After Justices' Section 363 Ruling
The U.S. Supreme Court's holding in MOAC v. Transform that Section 363(m) of the Bankruptcy Code is not a jurisdictional provision means parties to 363 sales are now at the mercy of courts that may have differing perspectives on the issue, creating uncertainty for trustees, third parties and purchasers, say Thomas Loeb and Carrie Brosius at Vorys.
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Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Commercial Real Estate Lending Checkup Amid Market Unrest
Given the sustained volatility of current lending markets, now may be a good time for financing institutions to dust off their commercial real estate agreements and update them if necessary, say Emil Petrossian and Alexander Miller at Glaser Weil.
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La. Suit Could Set New Enviro Justice Litigation Paradigm
Inclusive Louisiana v. St. James Parish, a lawsuit filed recently in Louisiana federal court that makes wide-ranging and novel constitutional and statutory claims of environmental racism based on centuries of local history, could become a new template for environmental justice litigation against governments and businesses, say attorneys at King & Spalding.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Policyholder Lessons From Sandy No-Coverage Decision
A New York federal court recently decided that in the aftermath of Hurricane Sandy, Madelaine Chocolate knew Great Northern Insurance’s all-risk policy offered no coverage for storm surge — an important reminder that policyholders should review policy language for ambiguities or anti-concurrent causation clauses, say Dennis Artese and Joshua Zelen at Anderson Kill.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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5th Circ. Offers Expert Opinion Guidance For Insurance Cases
A recent Fifth Circuit decision in Majestic Oil v. Lloyd's of London provides insight into how Texas' concurrent causation doctrine could affect insurance cases where the cause of damage is at issue, and raises considerations for litigants faced with new or revised expert reports after the deadline has passed, say Brian Scarbrough and Cianan Lesley at Jenner & Block.