Commercial

  • 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

    Fried Frank, Kirkland Steer Logistics Real Estate Stake Deal

    Private real estate investment firm Almanac Realty Investors bought a passive minority stake in logistics real estate-focused private equity firm Dermody Properties, in a deal guided by Fried Frank Harris Shriver & Jacobson LLP and Kirkland & Ellis LLP.

  • 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

    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

    Denver Hits Back At Landlord Suit To Void Energy Standards

    The city of Denver says residential and commercial real estate trade groups have failed to show why they can't comply with recent city and state energy-efficiency standards for buildings and appliances, looking to ditch their lawsuit in federal court.

  • June 25, 2024

    Bristol-Myers Fights NJ City's $4.6M Fee On Campus Upgrade

    Bristol-Myers Squibb asked the New Jersey Tax Court to reverse the state's upholding of a $4.6 million nonresidential development fee on renovations to buildings on a 91-acre campus, arguing the improvements were excluded from the levy.

  • June 25, 2024

    Vegas Property Owner Says REIT Lacks Mortgage License

    A Las Vegas property owner has alleged in Nevada federal court that a $14.6 million loan agreement it made with a real estate investment trust is void because the REIT did not have a state mortgage lending license when the agreement was made.

  • 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

    Gibson Dunn, Troutman Rep $2.1B Multifamily Deal

    KKR & Co. Inc., advised by Gibson Dunn & Crutcher LLP, paid $2.1 billion to buy a portfolio of 18 apartment properties from Quarterra Multifamily, guided by Troutman Pepper Hamilton Sanders LLP, the private equity giant announced Tuesday.

  • June 25, 2024

    Charlotte City Council OKs $650M For Stadium Overhaul

    The Charlotte City Council voted to contribute some $650 million in city money to a renovation for the Carolina Panthers' stadium under a plan made public just three weeks ago.

  • June 25, 2024

    Legal Office Leasing Stayed Strong In Q1, Cushman Says

    Cushman & Wakefield said in a report Tuesday that the legal sector continued to take on real estate at a strong clip in the first quarter of 2024 after reaching records among office leases in both 2022 and 2023.

  • 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

    Tax Pros Worry Credit Sales Could Raise Substance Issues

    Tax professionals are concerned that deals involving a new way to sell clean energy tax credits for cash could face IRS scrutiny after the agency scored a high-profile win over a telecommunications company by deploying an aggressive interpretation of what's known as the economic substance doctrine.

  • 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 25, 2024

    How Real Estate Attys Should Prep For Possible Chevron Shift

    The U.S. Supreme Court is likely only days away from deciding on the future of Chevron deference, a potential change that Holland & Knight LLP partner Lynn Calkins and her team expect to have widespread real estate ramifications touching everything from federal policy to local zoning.

  • 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

    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.

  • June 24, 2024

    La. To Provide Sales Tax Rebates For Data Center Purchases

    Louisiana will provide state and local sales and use tax rebates for taxes paid on the lease or purchase of eligible data center equipment and the development, acquisition or repair of qualified data centers under a bill signed by the governor.

  • June 24, 2024

    Ex-Chicago Alderman Gets Two Years For Boosting Law Firm

    An Illinois federal judge on Monday sentenced former Chicago Alderman Ed Burke to two years in prison and fined him $2 million for using his official position to steer tax business to his personal law firm, closing what prosecutors called "another sordid chapter" in the city's history of public corruption.

  • June 24, 2024

    IRS Finalizes Limits To Partnership Conservation Easements

    The Internal Revenue Service finalized rules Monday that curb the conservation easement tax deduction claimed by certain partnerships, with some changes to last year's proposed version, such as limiting the opportunity for entities to adjust their tax returns to avoid the new restrictions.

Expert Analysis

  • How Fla. Bankruptcy Ruling May Affect Equity Owners

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    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.

  • Calif. Ruling May Open Bankruptcy Trustees To Tort Liability

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    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.

  • Considerations For Navigating Mixed-Use Developments

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    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.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    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.

  • Compliance Primer: Foreign Investment In US Real Property

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    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.

  • How CRE Loans Would Shift Under New Bank Capital Rules

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    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.

  • Calif. GHG Disclosure Law Will Affect Companies Worldwide

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    California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.

  • What Retail Landlords Must Know About Permitted Transfers

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    As trying economic times require tenants to create options to cease their operations by transferring their lease obligations to other parties, retail landlords must give significant thought to how permitted transfers are drafted, and how parties are to be protected in the present and the future, says Scott Grossfeld at Cox Castle.

  • Proactive Measures While NY Foreclosure Law Is In Limbo

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    While questions about the scope and constitutionality of New York's Foreclosure Abuse Prevention Act might not be resolved by courts for years, lenders, borrowers and other interested parties can take action to protect their rights and potentially expedite appellate review, say Allison Schoenthal and Andrew Kim at Goodwin.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • A Guide For Landlords Pivoting To Medical Office Buildings

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    The current commercial real estate landscape presents a unique opportunity for landlords, real estate developers and investors to accommodate the growing health care industry's need for office buildings, though proper navigation of complex regulations and leasing concerns is necessary, says Mehdi Sinaki at Michelman & Robinson.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

  • What To Consider When Converting Calif. Offices To Housing

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    In light of California legislators' recent efforts to expedite the process for converting offices into residential buildings, developers should evaluate both the societal upsides, and the significant economic and legal hurdles, of such conversions, says Steven Otto at Crosbie Gliner.