Commercial

  • March 06, 2025

    IRS Can't Defend Slashing Of Easement Value, 11th Circ. Told

    Conservation easement donors whose charitable tax deduction was reduced by millions of dollars by the U.S. Tax Court criticized the Internal Revenue Service's defense of the decision, telling the Eleventh Circuit the ruling ignored copious evidence of the property's value underlying the donation's worth.

  • March 06, 2025

    New York Real Estate Cos. Seek Ch. 11 Protection

    Two real estate companies facing foreclosure litigation sought bankruptcy protection in New York each listing at least $10 million in debt.

  • March 05, 2025

    Diamondhead Casino Creditors Say Ch. 7 Is Only Path

    A group of creditors that forced casino developer Diamondhead Casino into a Delaware Chapter 7 case said in a post-trial brief the proceeding should stay in place because it is the best chance for all creditors to receive recoveries on their claims against the debtor, which has been unable to monetize its assets for years.

  • March 05, 2025

    GSA No-Shows As Lawmakers Question Real Estate Cuts

    An official at the General Services Administration, which said this week it will sell more than 440 "non-core" assets, didn't show up to answer to lawmakers during a hearing Wednesday on ongoing cuts to the federal real estate portfolio.

  • March 05, 2025

    GSA Publishes, Then Pulls List Of Properties It Could Dispose

    The U.S. General Services Administration on Wednesday removed a list of 440 properties that it considered inessential and said warranted disposal — including several courthouses and buildings used as headquarters for various agencies — the day after announcing it had identified them as "non-core assets."

  • March 05, 2025

    Judge Says DC Union Station Foreclosure Fight Too Late

    A New York federal judge has cemented the transfer of Washington, D.C.'s Union Station to a South Korean bank, finding the borrower should have raised concerns about the mezzanine lender's foreclosure before an auction was held.

  • March 05, 2025

    Penzance Scoops Up $55M Va. Industrial Portfolio

    Penzance paid $55 million for a 212,086-square-foot Manassas, Virginia, industrial portfolio that has six buildings, the real estate company announced Wednesday.

  • March 05, 2025

    Real Estate Lawyers On The Move

    Greenberg Traurig and Rosenberg & Estis are among the law firms that have made recent real estate or construction hires.

  • March 05, 2025

    Seyfarth Names Real Estate Atty As Co-Lead In San Francisco

    Seyfarth Shaw LLP has named a longtime real estate attorney to be the new co-managing partner of its San Francisco office, the firm announced Wednesday.

  • March 05, 2025

    Simpson Thacher Pilots $2B Utah Data Center Financing

    CIM Group and Novva Data Centers, advised by Simpson Thacher & Bartlett LLP, secured $2 billion in financing with JP Morgan and Starwood Property Trust to finish building a data center campus in a suburb of Salt Lake City, Utah, the companies said Wednesday.

  • March 05, 2025

    Defunct Pittsburgh Law Firm Owes $1.3M In Rent, Suit Says

    The court-appointed receiver for a downtown Pittsburgh office tower says in a lawsuit filed in Pennsylvania state court that the defunct law office of Rothman Gordon PC owes more than $1.3 million in rent and fees.

  • March 05, 2025

    Montana Tasks Tax Agency With Review Of Exempt Property

    Montana directed its Department of Revenue to establish a process to review property that is exempt from taxation under a bill signed by the governor.

  • March 05, 2025

    Developers Lie In Wait For Texas Gambling's Passage

    Casinos and sports betting companies are counting on a revamped lobbying effort to finally bring Texas into play, after two recent legislative pushes failed.

  • 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.

Expert Analysis

  • Applying High Court's Domestic Corruption Rulings To FCPA

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    After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.

  • Climate Among Many Factors Driving Up RE Insurance Costs

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    A proactive approach to risk management may determine the viability of the U.S. commercial real estate sector as weather crises and other factors drive insurance costs higher, says Ulrick Matsunaga at Crosbie Gliner.

  • Bid Protest Spotlight: Debriefings, Timeliness, Documentation

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    ​James Tucker at MoFo examines three recent decisions from the Federal Circuit, the U.S. Government Accountability Office and the U.S. Court of Federal Claims concerning an agency's decision not to hold post-award discussions, a timeliness trap in certain Federal Supply Schedule procurements and the importance of providing contemporaneous documentation in price-evaluation protests.

  • A Look At Recent Case Law On Expedited Judgment In NY

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    A number of recent New York state court decisions clarify and refine the contours surrounding Civil Practice Law and Rule 3213, providing landlords, lenders and other payees guidance on how to seek accelerated judgment in certain litigation, says Alexander Lycoyannis at Holland & Knight.

  • Dealmaker Lessons From CFIUS' New Enforcement Webpage

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    The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.

  • Reassessing Lease Provisions To Account For ESG Initiatives

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    As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.

  • Avoid Getting Burned By Agencies' Solar Financing Spotlight

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    Recently coordinated reports and advisories from the U.S. Department of the Treasury, the Consumer Financial Protection Bureau and the Federal Trade Commission maximize the spotlight on the consumer solar financing market and highlight pitfalls for lenders to avoid in this burgeoning field, says Mercedes Tunstall at Cadwalader.

  • Co-Tenancy Clause Pointers For Shopping Center Landlords

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    Large retail tenants often require co-tenancy provisions in their leases, entitling them to remedies if a shopping center's occupancy drops in certain ways, but landlords must draft these provisions carefully to avoid giving tenants too much control, says Gary Glick at Cox Castle.

  • Assessing Algorithmic Versus Generative AI Pricing Tools

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    A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.

  • Navigating A Potpourri Of Possible Transparency Act Pitfalls

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    Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.

  • Keys To Successful Commercial Property Insurance Claims

    Excerpt from Practical Guidance
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    While insurance needs for commercial leasing arrangements are driven by the characteristics of the premises and the nature of the tenants' intended operations, there are several universal best practices landlords and their counsel can follow when making claims after loss or damage.

  • Tips For Handling Single Asset Real Estate Bankruptcy Cases

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    Bankruptcy counsel should consider several strategies when representing either a debtor or lender in single asset real estate debtor Chapter 11 cases, which generally arise when a debtor is forced to file for relief to stop an impending foreclosure sale.

  • Increased Scrutiny Raises Int'l Real Estate Transaction Risks

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    Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.