Commercial
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November 26, 2024
Fed. Claims Won't Let US Slip Property Owners' Flooding Suit
The U.S. Court of Federal Claims refused to let the federal government escape a suit filed by property owners who claimed that their properties were taken without just compensation due to years of destructive flooding caused by the U.S. Army Corps of Engineers.
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November 26, 2024
Delta's Preemption Stance Flops In Seattle Jet Pollution Suit
A Washington federal judge has declined Delta and Alaska Airlines' bid to dismiss a proposed class action filed by neighbors of Seattle's primary airport over alleged flight-path pollution, saying it's too early to tell whether the claims will be preempted by federal regulations governing air travel or plane emissions.
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November 26, 2024
New Orleans Property Owner Revives Bid To Nix Arbitration
A New Orleans property owner has again urged a Louisiana federal judge to overturn his order forcing it to arbitrate a $7 million Hurricane Ida damage claim with 11 insurers for a block of luxury apartments and retail shops, pointing to a recent ruling by the state's top court.
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November 26, 2024
Surgeon Acquitted Of Wire Fraud In Case Over $60M Fla. Hotel
A Florida federal jury has acquitted a Colombian surgeon of wire fraud conspiracy following a trial over the government's allegations that he defrauded investors through a Ponzi-like scheme involving a $60 million luxury hotel project in one of Miami-Dade County's high-end neighborhoods.
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November 26, 2024
Indicted Ex-Conn. Budget Official May Ask To Delay Trial
Ex-Connecticut budget official Konstantinos "Kosta" Diamantis is considering a bid to delay his February trial on 22 charges that he coerced contractors to pay him kickbacks on school construction jobs, according to a Tuesday motion by prosecutors seeking to postpone certain deadlines.
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November 26, 2024
Illinois Landowners Blast FERC Moves On $7B Power Line
The Federal Energy Regulatory unlawfully amended a negotiated rate authority for the $7 billion Grain Belt Express high-voltage power line despite not sanctioning a 2020 change in project ownership, Illinois residents, farmers and landowners told the D.C. Circuit Monday.
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November 26, 2024
7th Circ. Says Insurer Must Defend $3.4M Faulty Work Row
An architectural design firm's commercial general liability insurer must defend it and its owner against faulty work claims seeking more than $3.4 million in damages, the Seventh Circuit ruled, after the Illinois Supreme Court overturned prior appellate precedent siding with insurers in such disputes.
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November 26, 2024
Ohio Board Rejects Shuttered Golf Course's Bid To Cut Value
A closed golf course failed to present evidence to lower its appraised value by roughly $640,000, the Ohio Board of Tax Appeals ruled Tuesday, saying the property's appraiser failed to account for the value of dilapidated buildings on the land.
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November 26, 2024
Ropes & Gray Expands NY Presence With New Midtown Lease
Ropes & Gray LLP has signed a new lease with RXR Realty for larger office space in midtown Manhattan due to substantial growth in New York, the firm announced Monday.
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November 25, 2024
Gov't Defends EB-5 Rule That Hikes Up Petition Fees
The U.S. Department of Homeland Security and its U.S. Citizenship and Immigration Services agency pushed for an early win in Texas federal court against a suit challenging increases for filing fees for petitions related to USCIS' EB-5 immigrant investor program.
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November 25, 2024
Informant Says He Brought Developers To Madigan's Law Firm
An ex-Chicago alderman who wore a wire to meetings with former Illinois House Speaker Michael Madigan was back on the stand Monday describing how he arranged a meeting with developers of a Chicago apartment building at Madigan's law office, with jurors hearing a call in which Madigan said to "go ahead and process" a zoning change for that project after the alderman asked if the developer gave him legal work.
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November 25, 2024
Judge Bemoans 'Chaotic' Contracts In Jack Nicklaus IP Case
The New York state judge presiding over golf legend Jack Nicklaus' intellectual property lawsuit on Monday signaled he may not be able to untangle a set of contradictory contracts, which could lead to a trial over who can use the "Golden Bear's" name and likeness.
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November 25, 2024
Fried Frank Advises Blackstone's $198M NYC Retail Deal
Blackstone, advised by Fried Frank Harris Shriver & Jacobson LLP, has bought a portfolio of four retail properties in Manhattan's SoHo neighborhood for $197.5 million, the private equity firm announced Monday.
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November 25, 2024
Hemp Sellers Say Conn. Cannabis Laws Violate Constitution
A dozen Connecticut hemp retailers filed a federal lawsuit against the governor and attorney general challenging a number of state laws meant to regulate so-called high-THC hemp products, claiming the statutes are so vague they are unconstitutional.
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November 25, 2024
NYC Real Estate Week In Review
Goldgrub Law and Mandelbaum Barrett are among the law firms that steered the largest New York City real estate deals to hit public records last week, a period that saw several large residential transactions across Manhattan and Queens.
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November 25, 2024
Law Firm Leasing Surpasses Pre-COVID Rate So Far In 2024
The rate at which U.S. law firms are signing major office leases — those at or above 20,000 square feet — has surpassed pre-pandemic levels, according to new data released by Savills on Monday, showing that while activity is up, firms are divided on whether to expand, downsize or maintain their square footage.
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November 25, 2024
Aztec Fund Can Sell Colorado Building For $4.5M In Ch. 11
A Texas bankruptcy judge Monday gave his blessing for bankrupt private equity investor Aztec Fund Holding Inc. to sell one of its real estate properties to Valley Equity Group LLC for just over $4.5 million.
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November 25, 2024
AG Slams Bid To 'Indoctrinate' Public In NJ RICO Case
New Jersey Attorney General Matt Platkin has rebuffed attacks from businessman George Norcross and others charged in his office's sprawling racketeering case in a pair of opposition filings, accusing the defendants of attempting to try the case in the press and contending that their argument to toss the case is out of place.
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November 25, 2024
Fla. Judge Trims Complaint Over Deadly Crane Collapse
A Florida state court judge Monday dismissed several liability counts against a Connecticut manufacturer sued in a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people, saying the liability allegations must be more specific.
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November 25, 2024
Land-Use Attys Praise NYC's Modified Zoning Plan
Land-use attorneys say a revised version of Mayor Eric Adams' City of Yes plan — New York City's most comprehensive zoning overhaul in over 60 years, if approved — will speed up affordable housing production, yet they stressed a continued need for more infrastructure investment and funding.
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November 25, 2024
3 Firms Guide $11.5B Building Materials Co. Buyout
Summit Materials Inc. announced Monday that it has reached an agreement to be bought out by rival Quikrete Holdings Inc. that sees the construction materials company valued at $11.5 billion, in a deal guided by Davis Polk, Troutman Pepper and Covington.
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November 25, 2024
Justices Won't Review Mich. Gun Range Ban
The U.S. Supreme Court on Monday rejected a proposed gun range's challenge to a Michigan town's zoning denial, denying its petition over Second Amendment protections for firearm training.
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November 22, 2024
Trump Taps Hedge Fund Billionaire Bessent To Head Treasury
President-elect Donald Trump on Friday announced that he's selected Scott Bessent, a billionaire hedge fund manager and the founder of Key Square Group, to serve as secretary of the Treasury in his upcoming administration.
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November 22, 2024
NJ Hospital Must Give Up More Info In Exemption Fight
A New Jersey hospital seeking a property tax exemption for unused floors in its building must produce more documentation to show the extent to which it tried to sell or lease that space, the state Tax Court said.
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November 22, 2024
Trustee To Take Over Ch. 11 Of NY Bar Assoc. Building Owner
A New Jersey bankruptcy judge on Friday sided with a lender of the insolvent owner of the historic New York County Lawyers Association Building in Manhattan, ordering that a Chapter 11 trustee take over the property owner's bankruptcy cases.
Blackstone, Santander OK $1B Infrastructure Loan Portfolio Deal
Blackstone Inc. has acquired the interests of a $1 billion infrastructure loan portfolio from Santander Corporate & Investment Banking, the private equity giant announced Tuesday.
EB-5 Experts Eyeing 4 Suits For Needed Clarity
A 2022 law that revived and revamped the EB-5 immigrant investor visa program has left stakeholders with unanswered questions, and immigration attorneys said at a webinar Wednesday that they're eyeing four current cases for potential answers.
McCarter Partner, Former Miami Official On AI In Land Use
From planning for mega storms to streamlining zoning approvals, artificial intelligence tools are bringing efficiency and new modeling capabilities to local governments.
Expert Analysis
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Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Foreclosing Lenders Still Floating In Murky Legal Waters In NY
The New York foreclosure landscape remains in disarray after the state's highest court last month declined to weigh in on whether legal changes from 2022 that severely curtailed lenders' ability to bring successive foreclosure cases were retroactive, says Brian Rich at Barclay Damon.
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Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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NYC Hotel Licensing Law's Costs May Outweigh Its Benefits
A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.
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Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Calif. Ruling Offers Hope For Mitigated Negative Declarations
In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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How To Avoid A Costly CPA Limitation Hidden In Most Leases
The lease audit rights clause is a seemingly innocuous provision in most commercial real estate leases that ends up costing tenants millions of dollars each year, as they have unwittingly agreed to retain only an accountant to investigate and settle financial issues, says Jason Aster at KBA Lease Services.