Commercial

  • March 04, 2025

    Attorneys Shift Gaze To Contracts As Trade Tensions Escalate

    Construction experts are racing to keep up with rapid changes from the White House on tariffs amid what's now becoming a full-fledged trade war, and are working out how best to allocate cost-increase risk in their contracts. Lawyers shared several contract excerpts with Law360 Real Estate Authority.

  • March 04, 2025

    Principal Closes $3.6B Data Center Growth Fund

    Principal Asset Management announced that it has finalized a $3.64 billion data center growth and income fund, which it plans to put toward the development of hyperscale data facilities in the U.S. via a partnership with Stream Data Centers.

  • March 04, 2025

    IRS Drops Push To Penalize Ex-Braves Players For Fraud

    The federal government dropped its push Tuesday to reinstate civil fraud penalties against a partnership founded by former Atlanta Braves players John Smoltz and Ryan Klesko in their Eleventh Circuit appeal of a decision slashing their $47 million deduction for a conservation easement donation.

  • March 04, 2025

    Colo. Justices Won't Review Hospital Tax Classification Suit

    The Colorado Supreme Court declined to review an appeals court ruling finding that a rehabilitation hospital should be classified as a commercial property for tax purposes because it was predominantly designed for its services and not for residency.

  • March 04, 2025

    NY Creates Framework For County Tax On Short-Term Rentals

    New York established a framework for counties to impose tax on short-term rentals as part of a bill signed by Democratic Gov. Kathy Hochul.

  • March 04, 2025

    DeSantis Backs Canning Fla. Rent Tax, Cutting Property Taxes

    Florida Gov. Ron DeSantis called on state legislators Tuesday to eliminate the state's business rent tax on commercial leases and reaffirmed his pledge to support an effort by lawmakers to draft a constitutional amendment that would cut property taxes.

  • March 04, 2025

    Paul Hastings Real Assets Pro Jumps To Proskauer In LA

    Proskauer Rose LLP is expanding its California team, bringing in a Paul Hastings LLP real assets ace as a partner in its Los Angeles office.

  • March 03, 2025

    Real Estate Bills To Watch In Florida's Legislative Session

    Florida's annual two-month legislative session officially kicks off Tuesday, but lawmakers have already been at work drafting and filing bills. With a total of 1,821 bills filed between the two chambers before last Friday's deadline, a considerable number have the potential to impact real estate, with several likely to feature prominently in upcoming debates.

  • March 03, 2025

    9th Circ. Rejects Redo Of Antitrust Case Against Zillow, NAR

    The Ninth Circuit on Monday said it would not revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of deception related to the online real estate company's website, saying there was no conspiracy in the way changes were made to how listings were displayed.

  • March 03, 2025

    Insurers Must Proceed With Arbitrating $40M Resort Dispute

    A Hawaii federal judge scolded a group of foreign and domestic insurers for ignoring his order to arbitrate a claim for at least $40 million in storm losses at two resorts, saying his ruling "was not advisory."

  • March 03, 2025

    National Gaming Chair Gets Pause In Alaskan Casino Suit

    A federal judge has paused litigation against acting National Indian Gaming Commission Chairwoman Sharon M. Avery until the court can determine if an Alaskan Native village is a required party in the dispute that looks to block plans for a 58,000-square-foot casino in Anchorage.

  • March 03, 2025

    Fed. Circ. Tosses Appeal In Card Payment Patent Dispute

    The Federal Circuit on Monday threw out a patent holder's challenge of an order clarifying that motions for sanctions by gift card company Blackhawk Networks and shopping mall owner Simon Property Group remained live after a Texas federal court's non-infringement judgment.

  • March 03, 2025

    5 Mass. Rulings You May Have Missed In February

    Justices in Suffolk County Superior Court's business litigation session tackled a range of issues in February, including greenwashing, consumer protection and development disputes.

  • March 03, 2025

    NC Hotel Developer Hits Ch. 11 After Defaulting On $17M Loan

    A North Carolina hotel developer embroiled in a $17 million lawsuit over a defaulted loan to build a Hyatt hotel near the Asheville airport filed for bankruptcy on Sunday, reporting assets and liabilities between $10 million and $50 million.

  • March 03, 2025

    JLL Can't Get Early Win In $7.4M Broker Fee Suit, IT Co. Says

    Information technology staffing company Nityo Infotech Corp. is fighting JLL's early win bid in New York federal court in a $7.4 million brokerage fee dispute, arguing that it doesn't contractually owe anything to JLL.

  • March 03, 2025

    Firms Raise $470M For Opportunity Zone Projects In 4 States

    Financial services firm Cantor Fitzgerald and real estate company Silverstein Properties on Monday said they have capped a fund at $470 million to invest in a group of four multifamily and mixed-use developments in four states, with nearly 2,000 housing units and 1.5 million square feet of space between the projects.

  • March 03, 2025

    NYC Real Estate Week In Review

    Weil Gotshal, Vinson & Elkins and Kanfer & Holtzer are among the law firms that picked up work on the largest New York City real estate deals that hit public records last week.

  • March 03, 2025

    Jet Co. Says Insurer Can't Modify Airport Damage Appraisal

    A private jet charter company said a Liberty Mutual unit underpaid its claim for property damage to airport facilities following a March 2023 storm, telling a Kentucky federal court that the insurer is now seeking to unlawfully modify an ongoing appraisal of the claimed loss.

  • March 03, 2025

    Real Estate Cos. Strike $75K Deal In Time Shaving Suit

    A real estate investment company and its subsidiary will pay $75,000 to end a lawsuit alleging it underpaid cleaners by requiring them to clock out before they finished their work, according to a filing in New York federal court.

  • February 28, 2025

    Virginia Wary Of Going 'Too Far' On Data Center Regulation

    The results of Virginia's state legislative session show that lawmakers in a key market for the data center sector are taking a cautious approach to regulating the industry, as only a fraction of proposed rules have made it to the governor's desk.

  • February 28, 2025

    FDIC Can't Nix SVB Trust's Claims Feds Must Turn Over $1.93B

    A California federal judge has tossed a pair of claims from SVB Financial Trust's lawsuit alleging that the FDIC wrongfully took control of $1.93 billion in deposits amid Silicon Valley Bank's collapse, dismissing due process claims for good but allowing the trust to pursue promissory estoppel allegations and so-called turnover claims.

  • February 28, 2025

    Quarterly Calls: DeepSeek, Wildfires, Park Ave

    See what some of the largest real estate companies and investment firms told investors and analysts about the market and the prospects for data centers, multifamily housing and offices.

  • February 28, 2025

    Feds Say Tribes Can't Block New Oregon Casino

    The federal government and an Oregon Native American tribe are pushing back on a bid from three other tribes to block the operation of a new casino in Oregon, telling the D.C. Circuit that the tribes filed their emergency motion improperly and are likely to lose on the merits of their case.

  • February 28, 2025

    Seattle Property Owner Slaps Exxon With Cleanup Suit

    A Seattle property owner hit Exxon Mobil Corp. with a lawsuit seeking to hold it liable for the costs of cleaning up pollution from a former gas station, according to a complaint the energy giant removed to federal court on Friday.

  • February 28, 2025

    Cheyenne Sioux Tribe Says US Must Pay For Building Repairs

    A Wyoming tribe is asking the Federal Circuit Court of Appeals to overturn an order that determined the federal government is not responsible for paying for a deteriorating building on its reservation, arguing that the contract over the structure is rooted in a treaty-based, nation-to-nation relationship.

Expert Analysis

  • How Retail Tenants Can Avoid Paying Rent Prematurely

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    When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • $175M Bond Refiled By Trump Is Still Substantively Flawed

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    The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.

  • Calif. Ruling Shows Limits Of Exculpatory Lease Clauses

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    A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.

  • Payment Provision Lessons From NJ Construction Ruling

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    A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.

  • A Legal Playbook For Stadium Construction Agreements

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    As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • How FinCEN Proposal Expands RE Transaction Obligations

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    Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.

  • Unpacking FinCEN's Proposed Real Estate Transaction Rule

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    Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.

  • New FinCEN Guide Provides Useful BOI Context For Banks

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    Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.

  • DC's Housing Tax Break Proposal: What's In It, What's Missing

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    Proposed Washington, D.C., rules implementing the Housing in Downtown Tax Abatement program — for commercial property owners who convert properties into residential housing — thoroughly explain the process for submitting an application, but do not provide sufficient detail regarding the actual dollar value of the abatements, says Daniel Miktus at Akerman.