Commercial
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September 26, 2025
Bankrupt NYC Cannabis Club Ordered Out Of Brooklyn Spot
A New York bankruptcy judge has told Empire Cannabis Club to surrender the property it leases at a location in Brooklyn to its landlord, ruling the bankrupt tenant effectively rejected the lease because it never moved to assume it.
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September 26, 2025
Golfer Wants Debt, Membership Cap Amid Renovation Row
A member of a private golf club in North Carolina has doubled down on his efforts to cap the club's membership and debt while he battles the board of governors over a contentious $23 million clubhouse renovation, saying it's necessary to preserve the status quo until the court decides who has the power to change the club's bylaws.
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September 26, 2025
Judge Criticizes Email-Only Talks In NY Smoke Shop Dispute
A New York federal judge chided attorneys for the Cayuga Nation and the smoke shop it's suing on Thursday for not actually speaking to each other when resolving a combative documents dispute, warning them that she might sanction them if they don't follow her orders more closely next time.
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September 26, 2025
NJ Riverfront Site Owner Hits Ch. 11 Ahead Of Sheriff's Sale
A property owner accused of defrauding an investor with phony development plans for a New Jersey site on the Hudson River sought Chapter 11 protection ahead of a sheriff's sale Friday, claiming it owes $67.3 million to creditors that include a foreclosing developer.
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September 26, 2025
Activist Investor Renews Push For Six Flags To Monetize Land
Shareholder activist Land & Buildings has again called on Six Flags to spin off its real estate into a separate entity so investors can tap into the "trapped value" of the amusement park giant's properties, saying a recent merger and other moves have not led to sufficient stock performance.
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September 26, 2025
Silver Star Hits Ex-Chair With New Securities Suit
Silver Star Properties REIT Inc. is again suing executive board Chair Allen R. Hartman, alleging in Maryland federal court that he, several relatives and other parties are part of an "unlawful and deceitful" scheme to replace the real estate investment trust's directors, give Hartman his old job back, liquidate the REIT and more.
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September 26, 2025
Justices Urged To Review Suit Over Mich. City Tenant Info Law
Real estate companies have pressed the U.S. Supreme Court to review a Sixth Circuit decision upholding the dismissal of a constitutional contract claim in their suit against a Michigan city over a law requiring commercial landlords to provide prospective tenant information in order to obtain a license to rent to them.
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September 26, 2025
Jones Day Hires NY Public Finance Attorney From Orrick
Jones Day announced that its New York office has gained a former Orrick Herrington & Sutcliffe LLP lawyer who advises issuers, underwriters and lenders on public finance and real assets transactions.
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September 26, 2025
USPS Error Doesn't Limit NJ Property Owners' Appeal Rights
The U.S. Postal Service's failure to deliver a town's request for a property's income information that was sent via certified mail doesn't limit a tax assessment appeal the property owner can pursue, the New Jersey Tax Court ruled.
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September 26, 2025
11th Circ. Told $33M Easement Deduction Improperly Cut
The U.S. Tax Court ignored evidence of land values that the IRS had failed to rebut — or even backed — when it drastically reduced a partnership's $33 million tax deduction for donating a Georgia conservation easement, the partnership told the Eleventh Circuit.
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September 26, 2025
Senior Housing REIT Nabs Kentucky Properties For $40M
LTC Properties Inc. acquired two new assisted living and memory care communities in Kentucky in a $40 million deal, part of $360 million in senior housing deals the real estate investment trust expects to close by the end of the year.
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September 26, 2025
Fried Frank Helping With Extell's Upsized Manhattan Tower
Extell Development is seeking to build a much taller tower on Madison Avenue in Manhattan than it had previously envisioned in a project guided by Fried Frank, according to recent filings in New York.
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September 26, 2025
2 Firms Guide $450M Financing For Retail REIT
NETSTREIT announced Friday that it has landed $450 million in financing commitments and amendments to existing credit facilities, parallel deals guided by Cooley LLP and Alston & Bird LLP.
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September 26, 2025
Holland & Hart Brings On Perkins Coie Commercial Litigator
Holland & Hart LLP has added a former Perkins Coie LLP partner to enhance its capacity to handle commercial litigation and advise high-net-worth individuals about a variety of matters.
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September 25, 2025
Roundup: Insurance Highlights At Climate Week NYC 2025
Politicians and business leaders at this year’s Climate Week in New York City are emphasizing that climate change is posing huge challenges for people struggling with high insurance premiums, but opportunity still exists for the industry in a green transition. Here, Law360 looks at just a few of the happenings this year at the weeklong conference.
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September 25, 2025
NY Judge Approves Hold On Cannabis Store Proximity Rule
A New York state judge has signed off on an agreement between marijuana stores and cannabis regulators to temporarily halt enforcement of a recent regulatory reinterpretation of store location requirements that threatened to upend more than a hundred cannabis businesses.
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September 25, 2025
Ex-FTE CEO Gets 12 Years For $13.6M Accounting Fraud
The former chairman and CEO of FTE Networks Inc. on Thursday was sentenced to 12 years in prison for a multifaceted $13.6 million ploy to conceal the telecommunications and real estate company's shaky financial condition and embezzle company funds.
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September 25, 2025
SEC's $1.2M Deal In EB-5 Fraud Case Gets Judge's OK
The U.S. Securities and Exchange Commission announced that a Nevada federal court has ordered a real estate developer and one of her companies to pay over $1.2 million to settle the agency's claims that they used $10 million raised from overseas investors hoping to immigrate to the U.S. to instead pay down an unrelated project loan.
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September 25, 2025
2 Firms Advise Self-Storage REIT, Manager On Merger
California-based SmartStop Self Storage REIT said it will acquire Arizona's Argus Professional Storage Management in a merger agreement advised by Nelson Mullins Riley & Scarborough LLP and Fennemore Craig PC.
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September 25, 2025
DC Court Upholds Transfer Tax On Long-Term Leaseback
The $39 million sale of a Washington, D.C., property and a long-term deal to lease it back to the seller constituted two separate taxable transactions, an appeals court said Thursday, rejecting a claim for a $1 million refund.
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September 25, 2025
NJ Amusement Park Co. Won't Get Hearing On Shore Project
New Jersey appeals court found Thursday that a Jersey Shore amusement park owner isn't entitled to a hearing before an agency that approved a grant making way for a luxury housing and retail development on the site of a nearby parking lot.
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September 25, 2025
CSX Says Biz Owner Rehashing Claims In Rail Crossing Suit
Railroad company CSX Transportation Inc. has asked a Pennsylvania federal court to permanently ax a local business owner's request for punitive damages amid a dispute over access to a railroad crossing, arguing the owner is repeating claims the court already rejected.
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September 25, 2025
RXR Launches Luxury Office Venture With $3.5B Portfolio
RXR has formed an investment platform for top-tier office buildings in New York City, backed by a portfolio of Manhattan properties worth $3.5 billion in deal value, the firm said.
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September 25, 2025
NJ Panel Tosses Suit Over West Windsor Industrial Project
A New Jersey appellate court on Thursday backed the permanent dismissal of a suit filed by two West Windsor residential property owners over the township's approval of a zoning ordinance for a more than 5 million-square-foot commercial and industrial project.
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September 25, 2025
Flagstar Seeks Instant Win In Ex-Live Well VP Fraud Case
Flagstar Bank has urged a Michigan federal judge to grant it an early win against a former executive of the now-bankrupt Live Well for his role in a scheme to defraud lenders by inflating the value of bonds, saying because the executive already pled guilty to securities fraud, he cannot now deny liability in the bank's civil case.
Expert Analysis
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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SEC Signals Opening For Private Fund Investment Reform
At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.
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Unicoin Case Reveals SEC's Evolving Enforcement Posture
The U.S. Securities and Exchange Commission's recent fraud allegations against cryptocurrency company Unicoin send a clear message that while the Trump administration supports digital asset development, it will act decisively against deception, inflated valuations and false assurances, says David Zaslowsky at Baker McKenzie.
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Opportunity Zone Revamp Could Improve The Program
If adopted, the budget bill's new iteration of the opportunity zone program could renew, refine and enhance the effectiveness and accountability of the original program by including structural reforms, expanded eligibility rules and incentives for rural investment, say attorneys at Pillsbury.
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Review Risk Is Increasing For Foreign Real Estate Developers
Federal and state government efforts have been expanding oversight of foreign investment in U.S. real estate, necessitating careful assessment of risk and of the benefits of notifying the Committee on Foreign Investment in the United States, say attorneys at Troutman.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Negotiating Triparty Hotel Agreements To Withstand Risk
Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.
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CRE Challenges Demand New Lease And Development Plans
As developers and landlords face declining occupancy of commercial, industrial and office space post-pandemic, a combination of business and lease considerations may better position stakeholders to protect the value and profitability of their commercial real estate, says Geoffrey Leskie at Segal McCambridge.
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Ch. 11 Free-And-Clear Sale Ruling Takes Pragmatic Approach
A recent ruling from a New York bankruptcy court in which the debtors were allowed to sell interests free and clear regardless of a lienholder's objection signals a practical approach and a recalibration of the balance between debtor flexibility and creditor protections, say attorneys at Eversheds Sutherland.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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5 Insurance Types For Mitigating Tariff-Related Trade Losses
The potential for significant trade-related losses as a result of increased tariffs may cause companies to consider which of their insurance policies, including marine, builders risk, trade credit, and directors and officers, could provide coverage to alleviate the financial impact, say attorneys at Pillsbury.
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Avoiding Pitfalls Around New Calif. Commercial Lease Law
A California law that became effective this year requires commercial landlords to extend certain protections previously afforded to residential tenancies, and a few key provisions of the law especially warrant reexamination of leasing and operational processes, say attorneys at Holland & Knight.