Commercial
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March 06, 2025
IRS Can't Defend Slashing Of Easement Value, 11th Circ. Told
Conservation easement donors whose charitable tax deduction was reduced by millions of dollars by the U.S. Tax Court criticized the Internal Revenue Service's defense of the decision, telling the Eleventh Circuit the ruling ignored copious evidence of the property's value underlying the donation's worth.
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March 06, 2025
New York Real Estate Cos. Seek Ch. 11 Protection
Two real estate companies facing foreclosure litigation sought bankruptcy protection in New York each listing at least $10 million in debt.
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March 05, 2025
Diamondhead Casino Creditors Say Ch. 7 Is Only Path
A group of creditors that forced casino developer Diamondhead Casino into a Delaware Chapter 7 case said in a post-trial brief the proceeding should stay in place because it is the best chance for all creditors to receive recoveries on their claims against the debtor, which has been unable to monetize its assets for years.
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March 05, 2025
GSA No-Shows As Lawmakers Question Real Estate Cuts
An official at the General Services Administration, which said this week it will sell more than 440 "non-core" assets, didn't show up to answer to lawmakers during a hearing Wednesday on ongoing cuts to the federal real estate portfolio.
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March 05, 2025
GSA Publishes, Then Pulls List Of Properties It Could Dispose
The U.S. General Services Administration on Wednesday removed a list of 440 properties that it considered inessential and said warranted disposal — including several courthouses and buildings used as headquarters for various agencies — the day after announcing it had identified them as "non-core assets."
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March 05, 2025
Judge Says DC Union Station Foreclosure Fight Too Late
A New York federal judge has cemented the transfer of Washington, D.C.'s Union Station to a South Korean bank, finding the borrower should have raised concerns about the mezzanine lender's foreclosure before an auction was held.
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March 05, 2025
Penzance Scoops Up $55M Va. Industrial Portfolio
Penzance paid $55 million for a 212,086-square-foot Manassas, Virginia, industrial portfolio that has six buildings, the real estate company announced Wednesday.
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March 05, 2025
Real Estate Lawyers On The Move
Greenberg Traurig and Rosenberg & Estis are among the law firms that have made recent real estate or construction hires.
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March 05, 2025
Seyfarth Names Real Estate Atty As Co-Lead In San Francisco
Seyfarth Shaw LLP has named a longtime real estate attorney to be the new co-managing partner of its San Francisco office, the firm announced Wednesday.
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March 05, 2025
Simpson Thacher Pilots $2B Utah Data Center Financing
CIM Group and Novva Data Centers, advised by Simpson Thacher & Bartlett LLP, secured $2 billion in financing with JP Morgan and Starwood Property Trust to finish building a data center campus in a suburb of Salt Lake City, Utah, the companies said Wednesday.
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March 05, 2025
Defunct Pittsburgh Law Firm Owes $1.3M In Rent, Suit Says
The court-appointed receiver for a downtown Pittsburgh office tower says in a lawsuit filed in Pennsylvania state court that the defunct law office of Rothman Gordon PC owes more than $1.3 million in rent and fees.
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March 05, 2025
Montana Tasks Tax Agency With Review Of Exempt Property
Montana directed its Department of Revenue to establish a process to review property that is exempt from taxation under a bill signed by the governor.
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March 05, 2025
Developers Lie In Wait For Texas Gambling's Passage
Casinos and sports betting companies are counting on a revamped lobbying effort to finally bring Texas into play, after two recent legislative pushes failed.
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March 04, 2025
Attorneys Shift Gaze To Contracts As Trade Tensions Escalate
Construction experts are racing to keep up with rapid changes from the White House on tariffs amid what's now becoming a full-fledged trade war, and are working out how best to allocate cost-increase risk in their contracts. Lawyers shared several contract excerpts with Law360 Real Estate Authority.
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March 04, 2025
Principal Closes $3.6B Data Center Growth Fund
Principal Asset Management announced that it has finalized a $3.64 billion data center growth and income fund, which it plans to put toward the development of hyperscale data facilities in the U.S. via a partnership with Stream Data Centers.
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March 04, 2025
IRS Drops Push To Penalize Ex-Braves Players For Fraud
The federal government dropped its push Tuesday to reinstate civil fraud penalties against a partnership founded by former Atlanta Braves players John Smoltz and Ryan Klesko in their Eleventh Circuit appeal of a decision slashing their $47 million deduction for a conservation easement donation.
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March 04, 2025
Colo. Justices Won't Review Hospital Tax Classification Suit
The Colorado Supreme Court declined to review an appeals court ruling finding that a rehabilitation hospital should be classified as a commercial property for tax purposes because it was predominantly designed for its services and not for residency.
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March 04, 2025
NY Creates Framework For County Tax On Short-Term Rentals
New York established a framework for counties to impose tax on short-term rentals as part of a bill signed by Democratic Gov. Kathy Hochul.
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March 04, 2025
DeSantis Backs Canning Fla. Rent Tax, Cutting Property Taxes
Florida Gov. Ron DeSantis called on state legislators Tuesday to eliminate the state's business rent tax on commercial leases and reaffirmed his pledge to support an effort by lawmakers to draft a constitutional amendment that would cut property taxes.
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March 04, 2025
Paul Hastings Real Assets Pro Jumps To Proskauer In LA
Proskauer Rose LLP is expanding its California team, bringing in a Paul Hastings LLP real assets ace as a partner in its Los Angeles office.
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March 03, 2025
Real Estate Bills To Watch In Florida's Legislative Session
Florida's annual two-month legislative session officially kicks off Tuesday, but lawmakers have already been at work drafting and filing bills. With a total of 1,821 bills filed between the two chambers before last Friday's deadline, a considerable number have the potential to impact real estate, with several likely to feature prominently in upcoming debates.
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March 03, 2025
9th Circ. Rejects Redo Of Antitrust Case Against Zillow, NAR
The Ninth Circuit on Monday said it would not revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of deception related to the online real estate company's website, saying there was no conspiracy in the way changes were made to how listings were displayed.
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March 03, 2025
Insurers Must Proceed With Arbitrating $40M Resort Dispute
A Hawaii federal judge scolded a group of foreign and domestic insurers for ignoring his order to arbitrate a claim for at least $40 million in storm losses at two resorts, saying his ruling "was not advisory."
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March 03, 2025
National Gaming Chair Gets Pause In Alaskan Casino Suit
A federal judge has paused litigation against acting National Indian Gaming Commission Chairwoman Sharon M. Avery until the court can determine if an Alaskan Native village is a required party in the dispute that looks to block plans for a 58,000-square-foot casino in Anchorage.
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March 03, 2025
Fed. Circ. Tosses Appeal In Card Payment Patent Dispute
The Federal Circuit on Monday threw out a patent holder's challenge of an order clarifying that motions for sanctions by gift card company Blackhawk Networks and shopping mall owner Simon Property Group remained live after a Texas federal court's non-infringement judgment.
Expert Analysis
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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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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.
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$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
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Payment Provision Lessons From NJ Construction Ruling
A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.
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A Legal Playbook For Stadium Construction Agreements
As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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How FinCEN Proposal Expands RE Transaction Obligations
Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.
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Unpacking FinCEN's Proposed Real Estate Transaction Rule
Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.
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New FinCEN Guide Provides Useful BOI Context For Banks
Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.
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DC's Housing Tax Break Proposal: What's In It, What's Missing
Proposed Washington, D.C., rules implementing the Housing in Downtown Tax Abatement program — for commercial property owners who convert properties into residential housing — thoroughly explain the process for submitting an application, but do not provide sufficient detail regarding the actual dollar value of the abatements, says Daniel Miktus at Akerman.