Real Estate

June 26, 2024
Atty Agrees To Withdraw Mid-DQ Hearing In NC Biz Court

A real estate attorney on Wednesday beat opposing counsel to the punch on a motion for disqualification in a dispute over a soured business partnership, opting instead to voluntarily withdraw his representation of one party but remain as counsel for another after a state Business Court judge pointed out conflicts with him providing services to both.
June 26, 2024
CSAA Seeks Exit From Conn. Atty's $1.4M Transfer Scam Case

The insurance company covering a Connecticut attorney accused of helping steal $1.4 million from a development company via a fraudulent bank transfer is seeking to drop its coverage on the grounds that the attorney's alleged actions were intentional and criminal, and therefore not insured.
June 26, 2024
Miami-Dade Cites Animal Harm In Aquarium Eviction Action

Miami-Dade County has sued to evict an aquarium from a government-owned waterfront site following reports that the operator didn't clean and maintain the 70-year-old facility well enough and repeatedly failed to care for dolphins, manatees and other animals held at the theme park.
June 26, 2024
Latham, Goodwin Lead Cold Storage Giant's IPO Filing

Real estate investment trust Lineage Inc., a large owner of cold-storage warehouses, filed plans on Wednesday for an initial public offering, represented by Latham & Watkins LLP and underwriters counsel Goodwin Procter LLP.
June 26, 2024
$10B AIR-Blackstone Deal Set To Close After Investor Nod

Denver-based Apartment Income REIT Corp.'s shareholders have approved an agreement to sell off the real estate investment trust to private equity giant Blackstone for $10 billion, paving the way for its close within the next several days.
June 26, 2024
A Picture Of Office Sector Distress

This five-part series from Law360 Real Estate Authority explores distressed office buildings in Chicago, San Francisco, Miami, Dallas and New York City in an illustration of how the stressors facing the asset class are playing out across the country.
June 25, 2024
Warhol, Monet Artwork Forfeited To US In 1MDB Clawback

Andy Warhol and Claude Monet paintings are among the items that will be forfeited to the United States as part of a deal resolving the government's civil complaints looking to recover assets allegedly related to money laundering by a Malaysian state-owned investment fund, according to a consent judgment entered Monday.
June 25, 2024
Feds Transfer Nearly 12,000 Acres To Minnesota Tribe

A Native American tribe in northern Minnesota has added nearly 12,000 acres of forest land to its reservation following an agreement signed by the U.S. Forest Service.
June 25, 2024
Wash. HOA Drops Water Damage Coverage Claims

A homeowners association agreed to drop its Washington federal case seeking up to $8.7 million in coverage for "hidden" water damage to its condos.
June 25, 2024
$3M Broker Commission Deal Stayed To Await NAR Settlement

A Massachusetts federal court will not consider a $3 million settlement reached between home sellers and a multiple listing service over broker commission rules until after a decision on a much larger settlement in the separate sprawling case against the National Association of Realtors.
June 25, 2024
NC Development Bill Violates UN Declaration, Tribe Says

A North Carolina tribe is fighting state legislation that it says does not assure protections over one of the most significant archaeological Native American discoveries in recent years, arguing its language violates international law and centuries-old treaties.
June 25, 2024
Ariz. Lawmakers Say State Has No Interest In Monument Fight

The Arizona State Legislature says Gov. Katie Hobbs and Attorney General Kris Mayes can't show that they have an interest in lawsuits against President Joe Biden's proclamation designating an Indigenous site in the Grand Canyon region a national monument and they shouldn't be allowed to intervene in the litigation.
June 25, 2024
DC Council OKs Tax Hikes On High-End Property, Payroll

Washington, D.C., would impose a special tax rate on high-end residential properties, boost the premium for the district's paid leave program and make other tax and spending changes under legislation passed Tuesday by the district council.
June 25, 2024
Pot Cos. Push Back On Calif. City's Bid To Toss $5.4M Fee Suit

Six cannabis companies are fighting the California city of Cudahy's bid to dismiss a suit alleging that the city reneged on a promise to waive $5.4 million in fees accrued during the COVID-19 shutdowns, saying the motion largely disputes allegations that the court has to accept as true under a motion to dismiss.
June 25, 2024
Lewis Baach Says Chrysler Building Landlord Bilked The Firm

International boutique Lewis Baach Kaufmann Middlemiss PLLC has sued the landlord for its former office space in the Chrysler Building in New York state court, saying RFR Holding LLC is refusing to return its $275,000 security deposit.
June 25, 2024
Ariz. Court Slashes Value Of Low-Income Housing Complex

An Arizona housing complex subject to restrictions related to federal low-income housing tax credits was overvalued by a local assessor, the Arizona Tax Court said, slashing the valuation of the property by about three-fourths.
June 25, 2024
Ore. Tax Court Affirms $13M Valuation For Lowe's Retail Outlet

The Oregon Tax Court affirmed the $13.4 million tax valuation of a Lowe's home improvement warehouse, rejecting the company's argument that the property should be valued as if it did not have a lease in place.
June 25, 2024
Meadow Partners Raises $530M For Latest Real Estate Fund

Real estate investment manager Meadow Partners announced Tuesday it raised $530 million for the sixth installment of its flagship real estate fund, with capital commitments from a mix of new investors and longtime partners.
June 24, 2024
EPA Says Army Corps Doesn't Belong In Pebble Mine Dispute

The U.S. Environmental Protection Agency is urging an Alaska federal judge to refuse a mining company's bid to amend a lawsuit in order to reverse an Army Corps of Engineers decision denying the controversial Pebble Mine project a permit.
June 24, 2024
SEC Official Urges Banks To Report Commercial RE Risks

The U.S. Securities and Exchange Commission is closely monitoring the way banks with significant commercial real estate portfolios are communicating with investors about their exposure to the struggling market, the agency's director of its Division of Corporation Finance said in remarks posted online Monday.
June 24, 2024
Lloyd's Seeks To Avoid Coverage For Beach Umbrella Death

Certain underwriters at Lloyd's, London told a South Carolina federal court Monday they should have no coverage obligations to a vacation rental owner over a wrongful death suit alleging that a woman was impaled by a "wind-driven" beach umbrella.
June 24, 2024
Justices Will Weigh Liability Of Corporate Affiliates In TM Row

The U.S. Supreme Court will review whether a real estate development company's corporate affiliates should be responsible for a $46.6 million trademark infringement judgment — even though they were not defendants — in a case attorneys said Monday could have ramifications beyond the Lanham Act.
June 24, 2024
Justices End Irish Landowner's Fight Against $23M Clawback

The U.S. Supreme Court on Monday declined to hear a challenge by Irish businessman Sean Dunne and his ex-wife Gayle Killilea to a Chapter 7 trustee's roughly $23 million avoidance action win, leaving intact a Connecticut jury verdict and a Second Circuit rejection of the onetime couple's claims.
June 24, 2024
Nev. Restaurant Co.'s COVID Suit Is Kept Alive

A group of insurers can't avoid a restaurant holding company's bid for coverage of COVID-19-related losses, a Nevada state court ruled, finding that the state supreme court's ruling on the subject didn't control the action because of an infectious disease endorsement in the company's policies.
June 24, 2024
Ill. Landowners Challenge FERC Moves On $7B Power Line

Illinois residents, farmers and landowners launched a fresh challenge to the $7 billion Grain Belt Express high-voltage power line, telling the D.C. Circuit that when the Federal Energy Regulatory Commission approved an amended negotiated rate authority, it ignored clean energy giant Invenergy's unsanctioned purchase of the project in 2020.

Expert Analysis

The Year Ahead In Foreign Investment And National Security

In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.
4 PR Pointers When Your Case Is In The News

Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
Sale-Leasebacks May Provide A Safe Financing Alternative

Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.
5 Recent Developments Family Offices Are Watching In 2024

Although family offices have long been exempt from many of the more onerous regulations and reporting requirements governing U.S. investment advisers and asset managers, recent amendments to federal rules will have an impact on how family offices invest and operate in 2024, say attorneys at Morgan Lewis.
A Challenging CRE Environment Holds Opportunities In 2024

As the commercial real estate market faces reduced occupancy levels and rising financing costs, the new landscape will be favorable to those who can leverage capital, strategic vision and expertise to meet challenges like taking on distressed properties and converting office space to residential use, say Nesa Amamoo and Vered Rabia at Skadden.
Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
5 Most Notable Class Action Standing Cases Of 2023

Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
A Difficult Year For CRE, But Future May Be Brighter

2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
3 Developments That Will Affect Hospitality Companies In 2024

As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.
What WeWork's Ch. 11 Filing Means For Landlords

WeWork’s recent Chapter 11 filing in New Jersey has the potential to be one of the most consequential cases in the real estate industry in many years, and presents a number of issues for landlords, including unexpired leases, assumption, assignment and more, say attorneys at Mayer Brown.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Clean Water Act Jurisdiction Still Murky After A Choppy 2023

This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.