Commercial

  • November 01, 2022

    Colo. High Court Won't Hear Challenge To Mine Expansion

    The Colorado Supreme Court won't weigh in on efforts to subject a coal mine expansion to stricter air pollution requirements, rejecting a request from the Center for Biological Diversity and the Sierra Club to revive their suit seeking to unwind a decision from state regulators.

  • November 01, 2022

    Trump Org Trial Halted After 1st Witness Contracts COVID

    A Manhattan judge put the Trump Organization's criminal tax fraud trial on hold Tuesday after the lead witness, senior financial officer Jeffrey McConney, tested positive for COVID-19 in the midst of his testimony.

  • November 01, 2022

    Real Estate Rumors: PA Hospitality, Brookfield, Jon Burton

    PA Hospitality has reportedly landed $37.4 million for a Houston hotel project, Brookfield is reportedly asking tenants to leave one of its Houston office towers, and Jon Burton is said to have dropped the asking price of a Malibu, California, mansion by $15 million.

  • November 01, 2022

    No Assignment, So No Hotel Coverage, Insurer Tells 9th Circ.

    An insurer has urged the Ninth Circuit to uphold a California federal judge's ruling denying a portion of a Red Roof Inn's water damage claims, arguing there was no assignment of insurance rights during a transition in ownership.

  • November 01, 2022

    Real Estate Co. Says Racial Bias Suit Doesn't Stand

    Real estate company The RMR Group LLC wants a suit that was initiated by a former Black employee accusing the company of racial discrimination and unlawful termination tossed, arguing the employee signed an arbitration agreement and can't bring the issue to court. 

  • November 01, 2022

    Ex-US Bank, Duke Realty Real Estate Pros Join Faegre Drinker

    Faegre Drinker Biddle & Reath LLP has hired two new real estate practitioners from U.S. Bank National Association and Duke Realty Corp., respectively, one of whom worked at one of Faegre Drinker's predecessor firms over a decade ago, according to an announcement.

  • November 01, 2022

    Roberts Temporarily Blocks Release Of Trump Taxes To House

    Chief Justice John Roberts on Tuesday temporarily blocked a Democratic-led House committee from obtaining former President Donald Trump's tax returns while he appeals a circuit court decision permitting the release of his filings.

  • October 31, 2022

    Moody National Bank Seeks Coverage For Heiress' Estate Suit

    Moody National Bank tangled with its insurer in Texas federal court on Friday, arguing that it should have access to its higher coverage limits to defend itself in an underlying suit accusing it of mishandling the estate of namesake family member Bill Moody.

  • October 31, 2022

    REIT Denied In Bid To Reopen $20.6M Coverage Suit

    Real estate investment trust The Cornfeld Group LLC saw its bid to reopen a lawsuit over a $20.6 million insurance claim rejected Monday after a Florida federal judge was not moved by Cornfeld's claim a new suit was thwarting the old case's outcome.

  • October 31, 2022

    Hotel Cos. Say Real Estate Consultant Padded Invoices

    Two hotel management services companies in a suit filed Friday in New York federal court accused a California real estate consultant of padding out his consulting invoices for hotel development projects.

  • October 31, 2022

    Miami Firm Leads $1B Mixed-Use Overhaul Of Michigan Mall

    Miami-based Lionheart Capital is working with the city of Sterling Heights, Michigan, to tear down its 1.5 million-square-foot Lakeside Mall and come up with a development plan that could span more than a decade and cost $1 billion.

  • October 31, 2022

    NY Tribe Says It Is Immune From Pot Sellers' Eviction Claims

    Cayuga Nation officials say the upstate New York tribe has sovereign immunity from claims that it wrongly evicted a cannabis and cigarette retailer from tribal land, blasting representatives of the business for trying to "shoehorn" those allegations into the tribe's own lawsuit against them.

  • October 31, 2022

    Utah's $100K Atty Fee Bid Excessive, Construction Co. Says

    One of the federal contractors working on a Colorado gold mine when it ruptured in 2015 denies owing the state of Utah more than $100,000 in attorney fees for mishandling certain records, calling the request "unreasonable" because it avoided a harsher punishment for that infraction.

  • October 31, 2022

    Trump Urges Justices To Block Tax Returns' Release To House

    Former President Donald Trump urged the U.S. Supreme Court on Monday to block a Democratic-led House committee from obtaining his tax returns while he challenges a D.C. Circuit decision permitting their release, arguing that the dispute threatens separation-of-powers principles.

  • October 31, 2022

    Lender Says Title Insurer Should Have Covered Colo. Facility

    Northmarq Finance sued a title insurer in Colorado federal court on Monday, saying the insurer denied $26 million in coverage for a senior living center near Denver, which forced the lender to foreclose on the property.

  • October 31, 2022

    Store Capital Investor Sues Over $14B Oak Street Merger Deal

    An investor in Store Capital Corp. is suing the company and its board of directors over a proposed merger with Oak Street Real Estate worth $14 billion, saying the company violated the Securities Exchange Act by misrepresenting or omitting important information about financial projections from its proxy statement given to stockholders.

  • October 31, 2022

    Cineworld Makes Deal To Pursue Buyer, Pay Theater Rent

    A Texas bankruptcy judge on Monday gave movie theater chain Cineworld final approval to tap into $1.9 billion in Chapter 11 financing, after hearing that the company had struck a deal with creditors to seek a buyer and pay at least $20 million in back rent.

  • October 31, 2022

    NJ Pot Retailer Hopeful Sues To Block Rival Applications

    A company that failed to secure one of two cannabis retail licenses in Keyport, New Jersey, has asked a state court to prevent the municipality from awarding any of the permits, saying the application process was biased and arbitrary.

  • October 31, 2022

    Insurer Of NBA's Kings Can't Escape Virus Coverage Suit

    Factory Mutual was denied in its bid to end the Sacramento Kings' lawsuit demanding coverage for pandemic-related losses, with a California federal judge on Friday issuing a rare ruling on the pleadings in favor of policyholders and finding that the reasonable interpretation of the policy's scope and exclusions encompasses the team's insurance claims.

  • October 31, 2022

    Catching Up With Delaware's Chancery Court

    Last week marked the beginning of the end of Elon Musk's Chancery Court dispute with social media giant Twitter — just in time for the court to hear new board disputes at DocuSign and Masimo Corp. and stockholder merger challenges against EVO Payments Inc. and Pzena Investment Management.

  • October 31, 2022

    NYC Croisic Building Owner Inks $80M Loan

    New York City real estate company Stellar management has signed an $80 million loan from New York Community Bank for a Manhattan office building formerly known as the Croisic Building, according to records made public Friday.

  • October 31, 2022

    Jackson Walker Adds RE Pros In Austin, San Antonio

    Jackson Walker LLP is expanding its real estate practice by adding a DuBois, Bryant & Campbell LLP land use expert in Austin and a Golden Steves & Gordon LLP real estate pro in San Antonio.

  • October 31, 2022

    Real Estate Rumors: Chapmans, Gaw Capital, Stephen Way

    Tom and Ruth Chapman have reportedly sold a Beverly Hills estate for $35 million, Gaw Capital Partners is said to be close to a deal to buy seven warehouses from Blackstone for roughly $540 million, and Stephen Way is said to have sold a Houston home for a record $21 million.

  • October 31, 2022

    Defaulted Borrower Hid Mall's Slow Sinking, Trust Says

    The guarantors of a $51 million mortgage for two shopping malls have been sued in New York federal court by a trustee alleging the since-defaulted borrower failed to mention that its Chicago mall is sinking into the landfill on which it was built.

  • October 31, 2022

    Trump Org's Fraud Defense Opens With Flurry Of Objections

    Trump Organization attorneys had a bumpy start in the Manhattan district attorney's criminal tax fraud trial Monday as the judge repeatedly warned the former president's companies not to interpret the law for jurors.

Expert Analysis

  • ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • Phase I Site Assessments After EPA U-Turn On 2021 Standard

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    With the U.S. Environmental Protection Agency withdrawing its recent approval of the 2021 ASTM standard for Phase I environmental site assessments, parties preparing a Phase I report would be wise to comply with the 2013 standard — at least for now, says Heather Richardson at Thompson Hine.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • 2nd Circ. Reasoning In COVID Force Majeure Case Is Flawed

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    The Second Circuit's recent holding in JN Contemporary Art v. Phillips Auctioneers, that a force majeure clause permitted an auction house to cancel a contract because of COVID-19, was correctly decided, but for the wrong reasons, because the decision incorrectly characterized the operative clause as a catchall clause, says Joshua Wurtzel at Schlam Stone.

  • ALI Oversteps With Expansive Restatement Of Contract Law

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    The American Law Institute's consumer contracts restatement project, which members are scheduled to vote on at the ALI's upcoming annual meeting, could upend the established law of contracts, and encourage specious class actions and nullification of arbitration agreements, says Sherman Joyce at the American Tort Reform Association.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • How To Efficiently Deploy Your Professional Growth Strategy

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    Lana Manganiello at Equinox Strategy Partners discusses how time-strapped legal professionals can efficiently implement a professional growth framework by focusing on only the most effective actions to build the reputation and relationships key to their ideal practice.

  • A 6-Step Framework For Legal Industry Professional Growth

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    Lana Manganiello at Equinox Strategy Partners discusses how implementing a professional growth framework will help legal professionals gain expertise in a relevant niche to build credibility, focus marketing efforts and build an ideal practice.