Commercial

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Robbins Geller, Rosen Law Firm Seek Lead Role In REIT Row

    Two parties urged a California federal court to appoint them as the lead plaintiff and their legal representation as the lead counsel for a proposed securities class action that accuses Equinix Inc., a data-center focused real estate investment trust, or REIT, of artificially pumping up its financial metrics.

  • July 05, 2024

    Trade Groups Sue Denver Over Gas Stove Ban

    A coalition of trade groups representing the restaurant, home construction, rental housing and propane gas industries have claimed in Colorado federal court that two Denver ordinances that restrict the use of gas appliances can't be enforced because they're preempted by federal law.

  • July 05, 2024

    NYC Developer To Pay $272M To Settle SEC Investment Suit

    A New York City developer and his wife agreed on Friday to pay $272 million to settle claims brought by the U.S. Securities and Exchange Commission that they'd schemed to raise money from hundreds of Chinese investors using false statements.

  • July 05, 2024

    Landfill Cos., La. Parish Score Partial Win In Landfill Suit

    The operators of a Jefferson Parish, Louisiana, landfill and the parish itself have partially defeated claims filed in Louisiana federal court by local residents who say the landfill's "harmful and toxic odors and chemicals" caused them breathing problems, nausea and poor quality of life.

  • July 05, 2024

    Neb. Justices Decline To Rule On Property Value Appeal

    The Nebraska Supreme Court said Friday it lacks jurisdiction to rule on a county board's appeal challenging decisions by the state's Tax Equalization and Review Commission that lowered valuations for a company's property, finding the board didn't meet a statutory requirement to institute judicial review proceedings.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    Willkie Advising Saks Fifth Avenue On $2.65B Neiman Deal

    Willkie Farr & Gallagher LLP is advising Saks Fifth Avenue's parent company on its freshly inked deal to buy the Neiman Marcus Group, advised by Sullivan & Cromwell LLP, at an enterprise value of $2.65 billion.

  • July 05, 2024

    FTC Wants Second Look At $1.6B CoStar, Matterport Deal

    The Federal Trade Commission has requested more information from CoStar Group and Matterport on a planned $1.6 billion merger that would round out CoStar's real estate analytics offerings with the latter company's virtual property tour platform.

  • July 05, 2024

    Mich. Tax Panel Drops Vacant Store's Value By $500K Per Year

    The highest and best use of a vacant commercial property at the time of its assessment was to demolish the improvements and hold it for future development, a Michigan panel ruled, lowering the property's valuation by nearly $500,000 for each of two years.

  • July 03, 2024

    Wash. Mall, Retail Center Seek $1.3M In Property Tax Refunds

    A Seattle mall and shopping center are seeking property tax refunds topping $1.3 million, according to complaints in state court that claim the county assessor failed to use appropriate data and overvalued the properties.

  • July 03, 2024

    No 'Unfettered Discretion' For Zoning Boards: Mich. Justices

    The Michigan Supreme Court has held that conditionally rezoning a property is only valid if the property's proposed use is already allowed under a town's ordinances, instructing a trial court to determine whether a racing dragway is a permitted use under a township's commercial zone.

  • July 03, 2024

    Hospitality REIT, Activist Investor To Drop Board Feud

    Braemar Hotels & Resorts and hedge fund Blackwells Capital said they plan to resolve their litigation in a deal that calls for the activist investor to withdraw from a proxy fight and buy a bigger stake in the real estate investment trust.

  • July 03, 2024

    Enviro Group Claims Navy Bungled SF Superfund Cleanup

    The U.S. Navy's efforts to remediate an 866-acre shipyard Superfund site in San Francisco have been flawed from the start, undermined by the Navy, which has gone so far as to obscure the results of its own contamination testing, per an environmental advocacy group's suit.

  • July 03, 2024

    Developer Owes $10M For Boston Project Delays, Suit Says

    Massachusetts contractor Suffolk Construction Co. Inc. claims the developer of a significant mixed-use residential and commercial block in Boston's South End still owes it more than $10 million, saying delays due to the pandemic and a change in the type of cabinetry in the apartments contributed to higher costs.

  • July 03, 2024

    Coffey Modica Promotes 2 Partners, 1 Counsel In NY

    New York litigation boutique Coffey Modica LLP announced the promotion of two attorneys to partner, including the firm's first hire in 2021, as well as the elevation of another lawyer to counsel.

  • July 03, 2024

    NY Extends Tax Breaks For Green Roofs On City Buildings

    New York is extending for another three years a property tax abatement program that encourages residential and commercial buildings in New York City as part of a bill signed by Gov. Kathy Hochul. 

  • July 03, 2024

    Insurance Litigation Week In Review

    An insurer won a coverage dispute over a $3.2 million injury verdict stemming from a bar fight, Texas' largest nonprofit health system failed to differentiate its pandemic business loss claims from other cases, and a petroleum company was denied coverage for multidistrict litigation over gas additives.

  • July 02, 2024

    Real Estate Policy Areas To Watch In Chevron's Wake

    Housing rules, permitting practices and climate goals stand to be challenged by an anticipated wave of litigation spurred by back-to-back U.S. Supreme Court opinions that alter how and when judges can interpret ambiguous legislation.

  • July 02, 2024

    Ga. City Comes Out On Top In T-Mobile Cell Tower Suit

    The city of Columbus, Georgia, has come out on top in a legal battle with a wireless infrastructure builder who says that the city unfairly blocked its requests to build T-Mobile a cell tower, a conflict that also involved the local Shriners.

  • July 02, 2024

    Distress Darkens Conversion Plans At Brookfield Malls

    Financial challenges have shaken some of Brookfield's plans to redevelop a batch of malls it acquired six years ago into mixed-use centers, and two of the real estate company's indoor shopping complexes slumped into loan distress last month, KBRA said on Tuesday.

  • July 02, 2024

    Gov. Says Ky. Tower's Sale Didn't Cancel Ties To Laundering

    Prosecutors and a pair of Miami businessmen have traded briefs over preserving the government's case in Florida federal court to seize $9.1 million from the sale of a Louisville, Kentucky, tower over alleged ties to a Ukrainian money laundering operation.

  • July 02, 2024

    The Commercial Real Estate Q&A's You Can't Miss

    Check out Law360 Real Estate Authority's most buzzed-about commercial real estate Q&As from the first half of 2024.

Expert Analysis

  • 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.

  • Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • 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.

  • Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • 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.

  • Document Retention Best Practices To Lower Litigation Risks

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    As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.

  • Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • 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.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • 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.