Commercial
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June 12, 2024
NY Court Strikes Housing Tax Break's Labor Dispute Process
A New York state court has undercut a provision in a since-expired affordable housing tax break that enabled a city watchdog to issue judgments against developers who underpaid construction workers, deeming the provision unconstitutional because decisions could not be appealed.
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June 12, 2024
$18.8M Theft Coverage Suit Must Be Heard In State Court
A Texas federal judge ruled that a lawsuit brought against an insurer over $18.8 million in theft and vandalism at a Georgia shopping center belongs in state court, refusing to create diversity by removing a plaintiff.
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June 12, 2024
Real Estate Firm Fights CBRE's Bid To Slip Negligence Claim
A real estate investment firm told an Iowa federal court to reject CBRE Inc.'s dismissal bid in a $10.3 million suit over Iowa property deals that fell through, arguing that CBRE "grossly oversimplifies" the firm's professional negligence claim against it.
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June 12, 2024
Texas AG: Wind Project Lease Negotiators Need A License
Texas' attorney general told the Lone Star State's real estate commission that a person involved in lease negotiations for a wind farm project should have had a license from the commission following a recent project that cast doubt on the requirement.
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June 12, 2024
Historic Brownfields Funding Is Fueling Cleanup Catch-Up
Under the time crunch of the Bipartisan Infrastructure Law, funding for brownfield cleanups has increased by more than 700% in the last three years as cities and nonprofits vie to tackle their most complex sites.
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June 12, 2024
Ohio Tax Board Undoes Vacant Eatery's COVID-19 Value Cut
An Ohio County Board of Revision erred when it lowered a vacant restaurant property's value after the property owner argued the value had dropped as a result of the COVID-19 pandemic, the state Board of Tax Appeals ruled.
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June 12, 2024
Perkins Coie Real Estate Chair Eyes Energy As Rates Hold
As the Federal Reserve continues to hold on interest rates and hint that it may take longer to start lowering them, more real estate investors are looking to alternative energy projects, Perkins Coie's real estate leader told Law360 Real Estate Authority in a recent interview.
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June 11, 2024
Insurer Given Early Exit From Contractor's Cost Overrun Suit
An insurance company was axed Monday from a general contractor's $8.5 million lawsuit against a developer seeking payment for its work building an apartment complex, with a North Carolina state court judge ruling it was too soon to rope in the insurer.
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June 11, 2024
Vornado JV Inks $400M Refi For NYC Office, Retail Building
A street retail joint venture led by Vornado Realty Trust secured a $400 million refinancing for a 315,000-square-foot office and retail property at 640 Fifth Avenue in Manhattan, according to a statement from Vornado on Monday.
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June 11, 2024
WeWork Announces CEO Switch As It Leaves Ch. 11
WeWork, fresh from the confirmation of its Chapter 11 restructuring plan, said Tuesday it will be led by John Santora, who will take over as CEO as the company leaves bankruptcy behind.
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June 11, 2024
Cannabis REIT Will Invest $43M Into Purchased Fla. Land
Cannabis-focused real estate investment trust Innovative Industrial Properties Inc. plans to invest $43 million into 16 acres of Ocala, Florida, land that it bought for $13 million.
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June 11, 2024
Net Lease REIT Sells 2 Office Properties For $60.7M
Net Lease Office Properties said Tuesday that it has sold two Minnesota office properties leased to Blue Cross Blue Shield for a combined $60.7 million.
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June 10, 2024
3 Firms Guide $125M ND Data Center Construction Loan
CIM Group announced Monday that the investment firm closed on a $125 million loan to Applied Digital for the company's construction of a North Dakota data center campus, in a deal guided by Simpson Thacher & Bartlett LLP, Milbank LLP and Lowenstein Sandler LLP.
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June 10, 2024
NYC Tells 2nd Circ. No Sanctions In COVID Rent Law Suit
New York City told the Second Circuit that its late-in-the-game jurisdictional arguments don't warrant sanctions amid litigation over pandemic protection for commercial real estate tenants, arguing that it raised the claims as soon as possible.
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June 10, 2024
Ex-Real Estate Business Partners Duel In Calif. Court
Two former real estate business partners lodged dueling suits against each other in California state court with accusations of backstabbing, theft and lying.
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June 10, 2024
Conn. Hospital Broke $4.25M Property Sale Deal, Buyer Says
A Connecticut hospital has been accused in state court of breaking its $4.25 million property sale contract after the sale was called off following the hospital's merger with Northwell Healthcare Inc.
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June 10, 2024
Manhattan Office Leasing Up Again From 2023, Per CBRE
Leasing activity in Manhattan's office market remained elevated in May compared to a year prior, with a Covington & Burling LLP deal leading the way as the month's biggest transaction, CBRE said Monday.
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June 10, 2024
Co. Says 16 Intervenors Will Drag Out Alaska Mine Dispute
A company seeking relief from a U.S. Environmental Protection Agency decision to block a mining proposal for a stretch of pristine salmon habitat on Alaska's Bristol Bay asked a federal judge to exclude more than a dozen environmental groups from joining the case.
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June 07, 2024
Federal Realty Exits Santa Monica Outdoor Mall For $103M
Federal Realty Trust said it has exited Santa Monica, California's struggling Third Street Promenade by selling off a group of eight properties in the outdoor mall near the city's pier for $103 million.
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June 07, 2024
DOE Reveals National Definition Of Zero-Emissions Building
The U.S. Department of Energy unveiled a federal definition for determining whether a residential or commercial building qualifies as a zero-emissions building as part of an ongoing effort to slash greenhouse gas emissions across the traditionally heavily emitting sector.
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June 07, 2024
NYC Hotel Land Sale Ends $275M Lease Dispute
An investment group led by David Werner sold a Manhattan hotel property to an affiliate of Highgate Capital Investments LP for $275 million in a deal overseen by Latham & Watkins LLP, per county property records filed June 6.
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June 07, 2024
Real Estate Co. Will Begin $170M Houston Tower Project
A Tennessee-based real estate company is set to begin construction on a $170 million, 37-story, mixed-use, Class A tower project in Houston, Texas, in October, according to a filing with Texas' Department of Licensing and Regulation.
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June 07, 2024
Texas Top Court Denies Roofer's Challenge To Adjuster Laws
The Supreme Court of Texas tossed on Friday a roofing company's challenge to the state's public adjuster licensing laws, saying that requiring a license or preventing certain conduct didn't violate the roofer's free speech rights.
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June 07, 2024
Bank Says Alzheimer's Center Owes $17M On Defaulted Loan
An Alzheimer's care center owes Bank of Oklahoma nearly $17 million after it became the last of four memory care facilities to default on a $27.5 million loan that was used to refinance their mortgage debt, according to a complaint filed in Georgia federal court.
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June 07, 2024
Miami Official Can't Shake Zoning Abuse Claims
A Miami commissioner can't escape allegations that he and other city officials conspired to sabotage local businesses with zoning and safety laws after a pair of business owners backed the commissioner's opponent in a 2017 election, a Florida federal judge ruled.
Expert Analysis
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Paths Forward For RE Buyers In Turbulent Market Conditions
Real estate borrowers are facing significant challenges in financing new acquisitions or developments amid escalating interest rates, but opportunistic debt funds may be able to help bridge through the present environment, say Jon Gallant and Jared Hodges at Knowles Gallant.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Inside Bank Regulators' Community Lending Law Overhaul
The federal banking agencies' recently finalized changes to the Community Reinvestment Act not only account for the gradual shift to an environment where lending and deposit-taking are primarily conducted online, but also implement other updates such as diversity initiatives and a new series of lending tests, say attorneys at Norton Rose.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'
In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.
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A Bird's Eye View Of NYC's New Parapet Inspection Law
Building owners in New York City should be ready for the city's new parapet inspection requirements going into effect in January, which will likely necessitate additional construction work for countless buildings not previously subject to formal inspections, says Benjamin Fox Tracy at Braverman Greenspun.
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How Fla. Bankruptcy Ruling May Affect Equity Owners
A Florida bankruptcy court’s recent ruling in Vital Pharmaceuticals — which rejected the Third Circuit’s Majestic Star decision that determined a bankrupt corporation’s flow-through status was not protected by the automatic stay — may significantly affect how equity owners can mitigate the impact of flow-through structures in bankruptcy, say Eric Behl-Remijan and Natasha Hwangpo at Ropes & Gray.
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Calif. Ruling May Open Bankruptcy Trustees To Tort Liability
In Martin v. Gladstone, a recent California appellate court decision, the application of tort concepts to bankruptcy trustees could pose a new concern for trustees and federal receivers when controlling and maintaining commercial property, says Jarrett Osborne-Revis at Buchalter.
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Considerations For Navigating Mixed-Use Developments
As mixed-use developments continue to rise in popularity, developers considering this approach to urban planning must be aware of key considerations ranging from title and zoning laws to proper engagement with stakeholders, says Mehdi Sinaki at Michelman & Robinson.
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1st Tax Easement Convictions Will Likely Embolden DOJ, IRS
After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.
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Compliance Primer: Foreign Investment In US Real Property
The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.
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How CRE Loans Would Shift Under New Bank Capital Rules
Attorneys at MoFo discuss how commercial real estate loans would fare under federal banking agencies' proposed changes to how large banks risk-weight loans, particularly how CRE loans are weighed based on the current standardized framework versus the proposed expanded approach.