Commercial
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October 30, 2024
Real Estate Dealmakers Rush To Close, Others Await Election
Attorneys advising on real estate deals and real estate companies working on mergers and acquisitions and capital markets say some dealmakers are rushing to close, while others are holding off until after the election.
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October 30, 2024
Rudolph and Slette Wins $1B Calif. Healthcare Campus Bid
Rudolph and Sletten, an affiliate of construction company Tutor Perini Corp., said it has won a $1 billion contract to build a healthcare campus in California.
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October 30, 2024
Polsinelli Continues Philly Growth With 2nd Oct. Hire
Polsinelli PC grew its recently opened Philadelphia office with the addition of a real estate attorney who returns to private practice after providing in-house counsel for a commercial real estate subsidiary of Blackstone.
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October 30, 2024
NY Construction Exec Avoids Jail For Commercial Bribery
A construction executive dodged jail time Wednesday after pleading guilty in New York state court to his role in a sprawling bribery scheme involving $100 million in contracts linked to New York high-rise buildings.
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October 30, 2024
Jones Day Hires Real Estate Partner For Chicago Office
Jones Day announced Tuesday that it hired an experienced transactional real estate attorney as a partner for its real estate and energy transition and infrastructure teams based in Chicago.
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October 30, 2024
CareTrust JV Buys Tenn. Skilled Nursing Portfolio For $500M
CareTrust REIT Inc. said it formed a joint venture that has agreed to buy a portfolio of 31 skilled nursing facilities mostly located in Tennessee for $500 million.
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October 30, 2024
Walker & Dunlop CEO Says GSEs Must 'Get Back To Business'
Government-sponsored enterprises Fannie Mae and Freddie Mac need to get out of conservatorship and regain for-profit motivations so they can innovate and grow, Walker & Dunlop CEO Willy Walker told Law360 Real Estate Authority in an interview.
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October 30, 2024
KKR, ECP To Plug $50B Into Data Centers, Power Projects
Private equity firms KKR & Co. and Energy Capital Partners have teamed up to inject $50 billion into building data centers and energy generation projects in a bet on meeting rising demand for infrastructure to support the artificial intelligence boom.
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October 29, 2024
Real Estate Exec's Wife Says Prostitution Claims Defamed Her
The wife of Northstar Commercial Partners CEO Brian Watson has filed a lawsuit in Colorado federal court alleging an Illinois woman defamed her by accusing her of being a prostitute and that her husband frequently procures the services of prostitutes, estimating her damage at roughly $50 million.
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October 29, 2024
Pa. Seeks State Takeover Of Embattled Hospital System
Pennsylvania urged a state court to appoint a receiver for a hospital system after its operator, Prospect Medical Holdings Inc., allegedly violated an asset purchase agreement by spending millions of dollars on its investors instead of healthcare system management.
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October 29, 2024
Russia To Fight Seizure Of Assets In $5B Ukraine Oil Row
The Russian Federation is looking to challenge a recent seizure of its state-owned assets in Finland following a successful bid from NJSC Naftogaz of Ukraine, which aims to enforce a $5 billion arbitration award related to the 2014 expropriation of its Crimean assets.
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October 29, 2024
Investments In Energy Tax Credit Boom Could Draw IRS' Eye
The 2022 climate law's green energy tax incentives sparked a surge of big-ticket development projects nationwide, and tax practitioners expect that the investments could be subject to intense scrutiny from the IRS amid a crackdown on abusive schemes in other areas.
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October 29, 2024
Infrastructure Firm Raises $780M With CBRE's Help
Accelerate Infrastructure, represented by Katten Munchin Rosenman LLP, raised $780 million in total capital including backing from CBRE Investment Management, the real estate infrastructure firm announced Tuesday.
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October 28, 2024
Gov't Defends GSA's Ohio Office Lease Award
The federal government has urged the U.S. Court of Federal Claims to swat down a bid protest from a company claiming the General Services Administration unfairly awarded a 15-year office lease in Ohio to another company.
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October 28, 2024
No COVID Property Tax Break For Hotels, Wash. Court Told
Hotels in Washington state should not get property tax breaks for COVID-19 because the pandemic was not a natural disaster that allows relief, the assessor of the state's most populous county told a state court.
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October 28, 2024
NYC Real Estate Week In Review
Gibson Dunn and Seyfarth Shaw are among the law firms that steered the largest New York City real estate deals that hit public records last week, a list headlined by a pair of Brooklyn deals above the $200 million mark.
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October 28, 2024
Hotel Guests Ask 3rd Circ. To Look At Algorithm Price-Fix Suit
Three Atlantic City guests are taking their beef with hotel-casinos to the Third Circuit after a New Jersey federal court threw out their lawsuit that accused hotel owners in the town of using an algorithm to inflate the price of rooms.
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October 28, 2024
Linklaters, White & Case Rep DigitalBridge's Yondr Buy
DigitalBridge Group Inc. will purchase data center company Yondr Group for an undisclosed amount, in a deal guided by Linklaters LLP and White & Case LLP, the global alternative asset management company announced Monday.
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October 28, 2024
King & Spalding Steers Data Center Co.'s $1.5B Fundraise
Cologix has raised $1.5 billion in capital with guidance from King & Spalding that will allow the company to build new data centers in the future, with an emphasis on its core markets in Virginia, Ohio and Canada.
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October 28, 2024
Ind. Tax Board Denies Exemption For Undeveloped Property
A religious organization in Indiana cannot claim a property exemption for a property to be developed because it was unable to show substantial progress toward the completion of the building, the state Board of Tax Review said.
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October 28, 2024
Paul Hastings Adds REIT Partners In Boston, Chicago
Paul Hastings LLP announced Monday that a pair of experienced real estate attorneys who have worked on some of the industry's largest initial public offerings have joined its Boston and Chicago offices as partners — additions the firm said are part of a strategic focus on capital markets.
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October 25, 2024
US Trustee Opposes NJ Building's Receiver Stipulation
The U.S. Trustee's Office is asking a New York bankruptcy judge to hold off a decision regarding the receivership of a New Jersey building owned by New York developer Moshe Gold until the judge decides what court the bankruptcy should be heard in, if any.
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October 25, 2024
Steward Gets OK For 7 More Hospital Sales
A Texas bankruptcy judge said he would approve the sale of seven more of Steward Health Care's hospitals to affiliates of California-based Healthcare Systems of America, including five in Florida and two in Texas.
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October 25, 2024
'Starting Point' Algorithm Enough To Fix Prices, DOJ Says
The Justice Department is using the first algorithmic price-fixing case to reach an appeals court to argue that just because an algorithm only set "starting points" doesn't make its use legal, in a Ninth Circuit amicus brief backing efforts to revive a room rate lawsuit against Las Vegas casino hotels.
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October 25, 2024
Clarion Partners Sells Bay Area Office Complex For $162M
Real estate investment firm Clarion Partners sold off an office complex in San Francisco's East Bay area to commercial real estate company PSAI Realty Partners in a $162 million deal guided by Newmark Group Inc., the real estate adviser announced.
How The Election Could Shift Enviro Real Estate Practices
At the end of a transformative presidential term for environmental real estate issues spanning from the group of chemicals known as PFAS, to clean energy, to flood mapping, real estate attorneys are poised for potentially major disruption when a new U.S. president takes office in January.
EB-5 Industry Eyes Legislative Fixes To USCIS Struggles
A 2022 revamp brought the EB-5 investment visa program a boost in interest and respectability, but as frustrations continue with U.S. Citizenship and Immigration Services, industry players are hoping new legislation is a better alternative than litigation.
Property Plays: Skyline, Rockefeller Center, Capital One Arena
Property Plays is a weekly roundup of the latest loans, leases, sales and projects around the country. Send your tips — all confidential — to realestate@law360.com.
Expert Analysis
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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.
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Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Consider Best Legal Practices For Commissioning Public Art
Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.
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Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Applying High Court's Domestic Corruption Rulings To FCPA
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.
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Climate Among Many Factors Driving Up RE Insurance Costs
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.
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Bid Protest Spotlight: Debriefings, Timeliness, Documentation
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.