Commercial
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June 06, 2024
Seyfarth Adds Katten Partner To Charlotte Real Estate Team
Seyfarth Shaw LLP has added partner John Domby to the firm's real estate department in Charlotte, North Carolina, the firm announced Tuesday.
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June 05, 2024
Property Plays: WP Carey, Tribeca, Tower Capital
W.P. Carey inked $258 million worth of investments, largely in industrials; a total of $21.5 million was loaned for the acquisition and conversion of an eight-story Tribeca building; Tower Capital lined up $47.4 million for a build-to-rent community in Texas.
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June 05, 2024
OKC Lawmakers Clear Height Limit For Planned Skyscraper
Oklahoma City lawmakers approved the rezoning of a local downtown area in order to get rid of a height limit for a mixed-use development project that's expected to include a 1,907-foot tall skyscraper, which would be the tallest skyscraper in the country.
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June 05, 2024
Miami Developer Maintains Pioneering Touch In Latest Moves
Miami-area developer Masoud Shojaee spoke with Law360 Real Estate Authority about his project strategy and how it has led to longevity for his firm Shoma Group and given him confidence in helping to address a housing crisis and various challenges in the market.
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June 05, 2024
Sterling Org Raises $600M For Retail RE Investments
Sterling Organization, a private-equity real estate investment firm, closed its Sterling Value Add Partners IV LP fund after it surpassed its $500 million goal and obtained more than $600 million worth of capital commitments, according to a Wednesday announcement.
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June 05, 2024
Fire Co. Shuts Down Insurer's $3.7M Subrogation Bid
A hotel's insurer cannot seek reimbursement from a fire protection company for its roughly $3.7 million coverage payment following a pipe rupture in the hotel's fire sprinkler system, an Ohio federal court ruled, finding the hotel and fire protection company waived their respective insurers' subrogation rights.
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June 05, 2024
Disney To Spend $8B In Fla. After Deal With Oversight Board
As part of a settlement to end a state lawsuit, members of a local oversight district picked by Gov. Ron DeSantis advanced a development agreement on Wednesday permitting a major new theme park at Disney World as the entertainment giant plans $8 billion in spending over the next decade in Florida.
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June 05, 2024
1st Circ. May Undo Tribal Casino Bribery Convictions
First Circuit judges hinted Wednesday that jurisdictional flaws and other issues could reverse the bribery convictions of an architect and tribal chairman in connection with a proposed $1 billion casino in southeastern Massachusetts.
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June 05, 2024
$1.5B Funding Surge Highlights EPA's Brownfields Evolution
Building on what's already a much-touted bipartisan success story, the EPA has ironed out many of the wrinkles in its brownfields program and is now equipped with a surge of funding. In the first of a four-part series, Law360 Real Estate Authority analyzes the trends and outlooks from the agency's brownfield grant data.
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June 04, 2024
S. Korea Claims Victory In Chinese Investor's $1.47B Dispute
South Korea's Ministry of Justice has announced that an international tribunal threw out all claims asserted by a Chinese real estate investor in a treaty case over a South Korean bank's forced sale of his shares in a local real estate company he founded.
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June 04, 2024
LA Landfill Owner Faces Suits Over Foul Fumes, Runoff
Some 800 people near a waste dump in Los Angeles County sued its operator for damages, alleging the company is liable for a smoldering underground fire at the site — the county's second-largest landfill — that has spewed toxic gas into the air for the last year, as well as geyser-like eruptions of polluted water from the ground.
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June 04, 2024
6th Circ. Says 1,000-Yard Gun Range Not Constitutional Right
A split Sixth Circuit panel said a Michigan town had the authority to ban long-distance gun ranges despite the Second Amendment's protections, ruling it was "difficult to imagine" that training to shoot from 1,000 yards away was needed to defend oneself.
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June 04, 2024
Data Center Firm Nets $1.3B In Financing For Development
STACK Infrastructure has secured $1.3 billion in fundraising for data center projects in the U.S., Europe and the Asia-Pacific region, the company announced Tuesday.
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June 04, 2024
SEC Shutters Salt Lake City Office, Shifts Cases To Denver
The U.S. Securities and Exchange Commission said on Tuesday that it will close its Salt Lake City office for budgetary and organizational purposes, saying that the caseload of the office, which among other things handled the troubled Debt Box case, will now be handled by staff in Denver.
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June 04, 2024
Real Estate Lawyers On The Move
Nossaman, Miles & Stockbridge and Holman Fenwick Willan are among the firms that have made recent real estate or construction hires.
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June 04, 2024
Troutman Real Estate Ace Rejoins Morris Manning In Atlanta
Morris Manning & Martin LLP announced Tuesday that an attorney who left the firm as an associate for Troutman Pepper Hamilton Sanders LLP a little over a year ago has rejoined the firm in Atlanta as a partner in its real estate practice.
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June 04, 2024
V&E Advises $700M Offer To Take Whitestone REIT Private
MCB Real Estate, guided by Vinson & Elkins LLP, approached Whitestone REIT with an offer to buy the real estate investment trust and take it private in a $700 million deal, less than a day after the shopping center operator announced changes to its board in the wake of a proxy fight.
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June 04, 2024
11th Circ. Affirms Nix Of IRS Easement Disclosure Guidance
The Eleventh Circuit affirmed Tuesday that an Internal Revenue Service notice imposing reporting requirements on potentially abusive conservation easements was invalid because the agency failed to solicit the public feedback required by administrative law.
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June 04, 2024
Colo. Orders Disclosure Of Info On Local Property Tax Levies
Local jurisdictions in Colorado will be required to provide certain information about their property tax levies under legislation signed into law by Democratic Gov. Jared Polis.
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June 03, 2024
SF Office Market Standout Notches New Leases
Even as San Francisco's office market remains in a four-year downturn, the city's 140 New Montgomery Street tower has kept signing tenants seeking prime space, with three newcomers taking a combined 55,913 square feet, CBRE and building owner Pembroke announced Monday.
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June 03, 2024
Some Racketeering Claims In $92M Award Suit Can Proceed
A Monaco bank and a Luxembourg lawyer and trust administrator must face racketeering claims accusing them of helping to hide the fortune of a Russian businessman who's on the hook for a $92 million arbitral award, a California federal judge ruled on Friday.
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June 03, 2024
Treasury Aims To Salvage Corp. Transparency Act At 11th Circ.
The Corporate Transparency Act is a valid exercise of congressional authority to curb money laundering under the commerce clause and the necessary and proper clause in the Constitution, the U.S. Treasury Department told the Eleventh Circuit on Monday in a bid to restore the law's reporting requirements.
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June 03, 2024
Judge Says It's Time For DIP Deal For Steward Healthcare
A Texas bankruptcy judge on Monday gave Steward Health Care permission to offer a commitment fee to induce a lender to provide it with the financing to see the hospital chain through its Chapter 11 case, while saying the company needs that final commitment soon.
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June 03, 2024
REIT To Replace Trustees Targeted In Proxy Contest
Shopping center operator Whitestone REIT plans to replace two board members following an activist shareholder's unsuccessful attempt to oust the pair in a recent proxy contest, the real estate investment trust said Monday.
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June 03, 2024
Herrick Feinstein Guides Hotel From Lease Suit To $177M Sale
What began as a simple commercial lease action tied to a swanky hotel in New York City morphed into a complex adversary proceeding, which a Herrick Feinstein LLP team recently brought to a close, paving the way for the property's $177 million sale to EOS Hospitality.
Expert Analysis
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DC's Housing Tax Break Proposal: What's In It, What's Missing
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.
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Contract Disputes Recap: The Terms Matter
Stephanie Magnell and Zachary Jacobson at Seyfarth examine recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, which offer reminders about the importance of including contract terms to address the unexpected circumstances that may interfere with performance.
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Reducing Carbon Footprint Requires A Tricky Path For CRE
As real estate owners find themselves caught between rapidly evolving environmental, social and governance initiatives and complicated societal debate, they will need to carefully establish formal plans to remain both competitive and compliant, say Michael Kuhn and Mahira Khan at Jackson Walker.
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New CMS Rule Will Change Nursing Facility Disclosures
A new rule from the Centers for Medicare & Medicaid Services significantly expands disclosure requirements for nursing facilities backed by private equity companies or real estate investment trusts, likely foreshadowing increased oversight that could include more targeted audits, say Janice Davis and Christopher Ronne at Morgan Lewis.
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What Shareholder Approval Rule Changes Mean For Cos.
The U.S. Securities and Exchange Commission recently approved proposed rule changes to shareholder requirements by the New York Stock Exchange, an approval that will benefit listed companies in many ways, including by making it easier to raise capital from passive investors, say attorneys at Baker Botts.
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White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'
Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.
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ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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How Lease Obligations Can Affect Subchapter V Debt Cap
Two recent bankruptcy rulings in the Eastern District of Virginia and the Southern District of New York take opposite positions on whether unmatured lease obligations are considered noncontingent debt for the purposes of calculating debtors' Subchapter V eligibility, say Joseph Orbach and Henry Thomas at Thompson Coburn.
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Trends That Will Shape The Construction Industry In 2024
Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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NY CRE Lenders Need Clarity On Foreclosure Standing
Recent contradictory New York case law regarding issues of standing in commercial real estate litigation creates confusion for borrowers and lenders alike, and should be addressed by courts in advance of the anticipated onslaught of commercial mortgage-backed securities foreclosures, say Christopher Gorman and John Muldoon at Rosenberg & Estis.
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Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Adjusting Deals To Reflect Shifts In The CRE Market
As the commercial real estate market strengthens and moves out from a challenging time, industry participants should consider any concessions made due to recent trends and update transaction documents accordingly before entering into new deals, says Alexander Davis at Mayer Brown.
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4 International Arbitration Trends To Monitor In 2024
Global growth slowed substantially in 2023, and may continue into 2024 due to geopolitical instability, which could fuel four key trends in international arbitration in the coming year, including investor-state and commercial arbitration, an increase in arbitration out of China, and more, say Gregory Litt and Sharmistha Chakrabarti at Skadden.