Commercial
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August 06, 2024
Hotel's Ch. 11 Plan Nixes San Jose Tax Claim, Judge Says
A Delaware bankruptcy judge on Tuesday ordered the city of San Jose, California, to dismiss a state court action seeking the payment of taxes and other obligations by the former operator of a luxury hotel, saying the Chapter 11 plan of SC SJ Holdings released the claims.
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August 06, 2024
Vornado Lines Up Deal To Lease 15-Floor NYC Office Building
Vornado Realty Trust has reached a "handshake deal" with an undisclosed company to lease 1.1 million square feet of office space at 770 Broadway once Meta vacates the 15-floor building in Lower Manhattan, the real estate investment trust's CEO revealed Tuesday.
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August 06, 2024
Big Brokers Predict Capital Markets Rebound In Late '24
Commercial real estate's largest brokers, in announcing second-quarter earnings, said they are expecting capital markets activity to rebound in the second half of the year, in a turn Cushman & Wakefield's CEO called a "waterfall effect."
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August 06, 2024
Dentons Names Real Estate Atty As Vancouver Office Leader
Dentons promoted Canadian real estate partner Scott Wilson to an office managing partner role in its Vancouver office, the firm announced.
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August 06, 2024
DC Circ. Rules Russia Is Immune From Suit Over Jewish Texts
The D.C. Circuit ruled Tuesday that the federal court never had jurisdiction over a Jewish group's decades-old allegations that Russia is illegally holding on to its long-lost sacred texts, finding that the country has sovereign immunity and voiding nearly $200 million in fines levied against Russia.
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August 06, 2024
Starwood Eyes Rate Cuts Amid Stormy Quarter
Starwood Property Trust told investors on Tuesday that the real estate investment trust had foreclosed on three properties and downgraded ratings for several others, hinging hopes for the future on expectations that the Federal Reserve will begin to cut interest rates soon.
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August 06, 2024
99 Cents Only Asks To Extend Ch. 11 Plan Filing Deadline
Discount retail chain 99 Cents Only has urged a Delaware bankruptcy judge to give it more time to file a Chapter 11 plan and solicit votes from creditors, saying the company has made "significant progress" in the case and is working toward a plan the court can confirm.
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August 07, 2024
Simpson Thacher Pilots Stonepeak's $3B Opportunities Fund
Private equity firm Stonepeak, advised by Simpson Thacher & Bartlett LLP, raised $3.15 billion for a fund dedicated to opportunistic investing in the infrastructure sector, beating the fund's target by over $600 million, according to a Tuesday announcement.
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August 06, 2024
Aztec Fund Files For Ch. 11 With $100M In Liabilities
The Aztec Fund Holding Inc. has filed for Chapter 11 protection in Texas bankruptcy court, listing at least $100 million in liabilities.
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August 05, 2024
Simpson Thacher, Eversheds Sutherland Guide $83M Ga. Buy
Cousins Properties and Town Lane have acquired Proscenium, a 526,000-square-foot office building in Atlanta, for $83 million, a notable discount from its prior 2017 sale, in a deal guided by Simpson Thacher & Bartlett LLP and Eversheds Sutherland.
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August 05, 2024
Vornado Closes $350M Partial Sale Of 'Flagship' NYC Office
Vornado Realty Trust sold off a portion of its "flagship" 666 Fifth Avenue office in Manhattan to Japanese fashion company Uniqlo for $350 million, the real estate investment trust announced Monday.
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August 05, 2024
Marriott Says NYC Hotels' Housing Of Migrants Violated Deal
Marriott International Inc. has accused a hotel company in Jamaica, Queens, of breaching a contract by repurposing two properties for migrant housing while refusing to "de-identify" itself with the global hotel brand.
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August 05, 2024
Rimon Brings On BakerHostetler, Wick Phillips Litigators
Rimon PC is expanding its team with the addition of two new litigation partners and an investigations associate, who have worked at BakerHostetler, Wick Phillips Gould & Martin LLP and the San Francisco Department of Police Accountability, the firm has said.
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August 05, 2024
Dems Unearth Another Thomas Trip Paid For By Harlan Crow
U.S. Supreme Court Justice Clarence Thomas took a previously undisclosed trip between Hawaii and New Zealand on a billionaire Republican donor's private jet in 2010, lawmakers revealed in a letter Monday that offered the donor a "final opportunity" to explain how that trip and others don't constitute a tax fraud scheme.
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August 05, 2024
Healthcare REIT Provides $303M For Nursing Properties Buy
CareTrust REIT Inc. extended a $260 million senior mortgage loan and $43 million preferred equity investment for the acquisition of a portfolio of skilled-nursing and senior housing properties, the healthcare real estate investment trust has announced.
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August 05, 2024
NYC Real Estate Week In Review
Breuer Herskowitz and Morici & Morici were among the law firms that handled the largest New York City deals that hit public records last week, with all of the week's deals north of $20 million happening in Manhattan.
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August 05, 2024
Andrews Myers Construction Atty Joins Cozen O'Connor
Cozen O'Connor has hired a construction litigator in California who has more than 14 years of experience representing clients in matters involving infrastructure, industrial and other construction projects, the firm announced Monday.
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August 05, 2024
Data Center Co. Secures $3B In Green Financing
Stack Infrastructure obtained $3 billion in financing for four of its environmentally friendly U.S. data center campus projects, adding to the total of $15 billion in financing for all its projects, the data center developer and operator announced Monday.
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August 05, 2024
Latham Helps Woodside Buy Clean Ammonia Biz For $2.4B
Australian oil and gas giant Woodside Energy will buy OCI NV's low-carbon ammonia facility in Texas for $2.35 billion in cash to help with its transition to cleaner forms of energy, the companies said Monday.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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2nd Circ. Eminent Domain Ruling Empowers Municipalities
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.
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SEC Should Be Allowed To Equip Investors With Climate Info
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.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
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.
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Understanding The IRC's Excessive Refund Claim Penalty
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.
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Bankruptcy Ruling Shifts Lease Rejection Claim Calculation
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.
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Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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What Calif. Eviction Ruling Means For Defaulting Borrowers
A California appellate court's recent decision in Homeward Opportunities v. Taptelis found that a defaulting borrower could not delay foreclosure with an improperly served notice of pendency of action, but leaves open a possibility for borrowers to delay eviction proceedings merely by filing lawsuits, say Anne Beehler and Krystal Anderson at Holland & Knight.
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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.