Commercial
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January 03, 2025
Ore., Calif. Tribes Can't Stop Casino Project
A D.C. federal district court judge denied a bid by three tribes to block the U.S. Department of the Interior from issuing a determination that would greenlight a casino project in Oregon, saying the environmental impact statement for the endeavor does not constitute a final agency action.
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January 03, 2025
Meet The Attys Guiding Party City Back Through Ch. 11
A team of attorneys from Porter Hedges LLP and Paul Weiss Rifkind Wharton & Garrison LLP are representing retail chain Party City in its Chapter 11 case in the Southern District of Texas, as it plans to close its roughly 700 remaining stores and liquidate.
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January 03, 2025
Miami Office Vacancy Rates Rise, And So Do Rents
Office vacancy rates in Miami's office market rose to 15.1%, signaling a slight cooldown after a flurry of interest and activity that dominated the market in early pandemic years, per a report from Avison Young.
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January 02, 2025
Anchorage Residents Look To Block Tribal Casino Project
A group of Anchorage residents has sued the acting chairwoman of the National Indian Gaming Commission and the Native village of Eklutna in Alaska federal court, claiming plans to build a 58,000-square-foot casino will ruin their rural neighborhood.
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January 02, 2025
Oregon, California Tribes Ask Court To Block Casino Project
Three tribes are asking a D.C. federal court to block the Interior Department from issuing a final decision that would take land into trust for an Oregon casino project, arguing that the agency's lack of tribal consultation on the endeavor will cause damage to their economic and governmental interests.
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January 02, 2025
Feds Ask High Court To Unpause Corporate Transparency Law
The federal government is asking the U.S. Supreme Court to lift a Texas judge's injunction against the Corporate Transparency Act, telling the justices in a new application that the 2021 anti-money laundering law's compliance deadlines should take effect while the Fifth Circuit hears the full case.
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January 02, 2025
NYC Real Estate Week In Review
BakerHostetler and Seyfarth Shaw are among the law firms that steered the largest New York City real estate deals that hit public records last week, with a nine-figure Brooklyn transaction topping the list.
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January 02, 2025
Mich. Justices Say Detroit Fire Fee Is Legal, Not A Tax
The Michigan Supreme Court has ruled a Detroit fee for a fire service program was not an unlawful tax but clarified that a regulatory program's main benefit cannot be the mere permission for a property owner to operate its business in the city.
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January 02, 2025
Cox Castle Elects 3 New Partners In New Year
Cox Castle & Nicholson LLP elected three new partners effective at the start of the year, including attorneys whose practices span the real estate, land use, environmental and renewable energy industries, the real estate firm announced Jan. 2.
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January 02, 2025
7th Circ. Won't Review $3.4M Faulty Work Coverage Ruling
The Seventh Circuit declined to review a ruling requiring an insurer to defend an architectural design firm and its owner against faulty work claims seeking more than $3.4 million in damages.
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January 02, 2025
Hoboken Pot Dispensary Was Rightly Approved, Panel Finds
A New Jersey appeals panel has given its approval to a Hoboken marijuana dispensary, saying the trial court was wrong to block it from operating based on an ordinance passed after it submitted a conditional use application for its location.
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January 02, 2025
Welltower Elevates GC To Chief Legal Officer
Healthcare-focused real estate investment trust Welltower Inc. announced Thursday it began the new year by making several executive and senior leadership team promotions, including naming a longtime legal leader its chief legal officer.
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January 02, 2025
Manhattan Office Leasing Rises, As CMBS Debt Looms
Leasing activity in Manhattan's office market during the final quarter of 2024 reached heights not seen since before the pandemic, even as maturing commercial mortgage-backed securities debt overshadows the market, per a Thursday report from Savills.
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January 01, 2025
Federal Real Estate Policy To Watch In 2025
The potential for new tariffs and the Corporate Transparency Act are among the areas of federal policy that real estate lawyers will be watching in 2025.
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January 02, 2025
The Top Property Insurance Decisions Of 2024
A novel climate change coverage suit in Hawaii, three state high court pandemic coverage rulings and a Colorado ruling on a late claim-filing rule are among the top property insurance decisions of 2024. Here, Law360 breaks down the cases that drew the most attention among practitioners in the property insurance space.
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January 01, 2025
A Prelude To 2025 Commercial Real Estate
All eyes will be on the Fed in 2025 as commercial real estate looks for clues on where interest rates will be heading. In this column, Real Estate Authority's editor-at-large Andrew McIntyre offers his take on commercial real estate in the new year.
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January 01, 2025
Commercial Real Estate Cases To Watch In 2025
The real estate community in 2025 will be watching multiple disputes tied to malls or would-be malls, as well as a hotel trademarks battle. Here, Law360 previews the commercial real estate cases to watch this year.
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December 30, 2024
Energy Demand Key Driver In 2025 Infrastructure Roadmap
With growing energy demand increasingly being met by renewable power, an overhaul of U.S. infrastructure is expected to gain steam in 2025, advancing a push to adapt roadways, ports and other infrastructure for a changing climate and new technologies.
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December 30, 2024
Big Year Of Real Estate Deals Ahead As PE Sees Opportunities
The market is out of the doldrums, and private equity deal practitioners are looking forward to an active year for real estate, particularly with transactions involving data centers, refinancings and — believe it not — office buildings.
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December 26, 2024
Proptech's Central Storyline In Real Estate Still Unwritten
After making a dynamic entrance that seemed to spark the real estate industry to finally embrace innovation, the property technology sector has struggled to develop its role as operators have focused on managing challenging economic conditions. Proptech enters 2025 uncertain about its next chapter, but experts remain confident it will prove to be essential to real estate's future.
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December 23, 2024
Top Commercial Real Estate Q&As From 2024's Second Half
Check out the top commercial real estate Q&As that ran during the second half of 2024, with real estate attorneys and experts reflecting on topics like the investment environment, distressed debt and the future of mall redevelopment.
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December 20, 2024
Proskauer Beats DQ Bid In NJ Hospital Antitrust Fight
A New Jersey federal judge refused to disqualify Proskauer Rose LLP from defending healthcare network RWJBarnabas Health Inc. in an antitrust lawsuit brought by competitor CarePoint Health Management Associates LLC, saying the present case wasn't substantially related to work the law firm previously did for CarePoint.
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December 20, 2024
Fla. Judge Orders Ky. Tower Sale Laundering Case To Proceed
A Florida federal judge denied a request by two Miami businessmen to toss a civil forfeiture lawsuit brought by the U.S. government in an attempt to seize $9.1 million from the sale of a Kentucky office tower with alleged links to a Ukrainian money laundering scheme.
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December 20, 2024
Feds Rip Atty For NYC Mayor Over Press Statements
Prosecutors told a Manhattan federal judge Friday that New York City Mayor Eric Adams' lawyer has violated local court rules by making comments to the press that deride their bribery and corruption case against the mayor as a "contrived" effort to tarnish his reputation.
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December 20, 2024
Feds, Osage Nation Score Damages Win In Wind Farm Suit
An Oklahoma federal judge has ended a decade of litigation involving the Osage Nation, the U.S. government and Enel Green Power North America, ordering the company to pay more than $300,000 in damages and attorney fees and to remove 84 wind turbines from the tribe's reservation.
Expert Analysis
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict
In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema.
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A Look At New IRS Rules For Domestically Controlled REITs
The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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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 Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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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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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.