Commercial
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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.
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May 10, 2024
Activist Blasts REIT Buybacks, Hotel Sale During Proxy Fight
Activist investor Blackwells Capital LLC has sharply criticized a plan by Braemar Hotels & Resorts to sell a California hotel for $165 million and use part of the proceeds for share buybacks as Blackwells is pressuring shareholders to shake up the board of the real estate investment trust at an upcoming meeting.
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May 10, 2024
Ex-Wife's Deal With Dallas CRE Firm Ends Kickback Claims
The former wife of Dallas commercial real estate executive Clifford Fischer has agreed to drop a federal lawsuit accusing Fischer and members of an advisory board to his company of running a scheme to pay themselves unspecified millions in illegal kickbacks for business referrals.
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May 10, 2024
NY Judge Won't Toss Lender's Win In 3M Campus Suit
A New York federal judge refused to reconsider a lender's victory over a loan guarantor who allegedly owed payments for a $64 million loan related to 3M's now-foreclosed Austin, Texas, campus, but found the billing too high when determining attorney fees.
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May 10, 2024
3 Takeaways From The Real Deal's New York City Forum
Industry professionals at The Real Deal's New York City Real Estate Forum this year aired a lot of grievances about housing and development policies in the Big Apple and Empire State, though panels also touched on a major problem facing lenders.
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May 10, 2024
Simpson Thacher, Sheppard Mullin Guide $246M NYC Deal
Blackstone affiliates offloaded 21 properties surrounding New York City's John F. Kennedy International Airport to Terreno Realty Corp. in a $246 million deal guided by Simpson Thacher & Bartlett LLP and Sheppard Mullin Richter & Hampton LLP.
Expert Analysis
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Justices' Corruption Ruling May Shift DOJ Bank Fraud Tactics
After the U.S. Supreme Court’s decision last month in Ciminelli v. U.S., curtailing a government theory of wire fraud liability, prosecutors may need to reconsider their approach to the bank fraud statute, particularly when it comes to foreign bank enforcement, says Brian Kearney at Ballard Spahr.
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Avoiding Negative Tax Consequences In Loan Modifications
Borrowers who may be caught in the dramatic uptick in nonperforming commercial real estate loans should consider strategies to avoid income and capital gains tax that may be triggered by loan modifications, says Aman Badyal at Glaser Weil.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Foreign Investment In Real Estate Is Getting More Complicated
Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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5th Circ. Ruling Aids Insureds In Contractual Exclusion Rows
The Fifth Circuit's recent insurance decision in Windermere Oaks v. Allied World, in favor of coverage, provides policyholders with guidance on how to distinguish between contractual and noncontractual claims when insurers deploy broadly worded liability exclusions to deny coverage, say Max Louik and David Ledet at Reed Smith.
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What OneMain Order Says About CFPB's Regulatory Priorities
The Consumer Financial Protection Bureau’s recent action against OneMain Financial Group and others reflect a continuing trend of arguably historic regulatory scrutiny for consumer lenders, and send a strong message that the CFPB is taking a tough stance against deceptive sales practices, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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2nd Circ. Reinsurance Ruling Correctly Applied English Law
Contrary to a recent Law360 guest article's argument, the Second Circuit correctly applied English law when it decided in Insurance Company of the State of Pennsylvania v. Equitas that concurrent reinsurance certificates required the reinsurer to cover loss in accordance with the law of the policy's governing jurisdiction, say Peter Chaffetz and Andrew Poplinger at Chaffetz Lindsey.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Hospitality Biz Must Prep For Seaweed Damage Coverage
With the Great Atlantic Sargassum Seaweed Belt, a 10-million-ton mass of brown seaweed, potentially about to approach the coasts of the U.S. Southeast, Puerto Rico and the Caribbean, affected policyholders should consider whether their losses are covered by their property insurance policies, say attorneys at Pillsbury.
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Sackett's US Waters Redefinition Is A Boon For Developers
The U.S. Supreme Court's recent landmark ruling in Sackett v. U.S. Environmental Protection Agency should reduce real estate project delays, development costs and potential legal exposures — but developers must remain mindful of how new federal and state regulations governing wetlands could affect their plans, say attorneys at Morris Manning.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.