Commercial
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February 21, 2023
Maine City OKs New Boutique Hotel, Luxury Condos
Fathom Companies has received city approval to build a 12-story boutique hotel in Portland, Maine, as part of a larger development that will also include luxury condominium units, the developer said Tuesday.
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February 21, 2023
Logistics Co. Owes $640K For Unpaid Work, Contractor Says
A mechanical and electrical contractor in Tennessee is suing a Pennsylvania-based logistics facility design firm and others in federal court, alleging the company did not pay for roughly $640,000 worth of work for two sports apparel retailers.
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February 21, 2023
Legal Fight Set As LA Transfer Tax Looms
Groups that sponsored Measure ULA, a property-transfer tax that will add 4% to 5.5% to the cost of Los Angeles real estate deals of more than $5 million, are lining up to defend the measure in court after opponents filed suits to nullify the law.
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February 21, 2023
NYC Engineer's Firing Was Union-Linked, NLRB Judge Says
A New York City building engineer's firing within two weeks of a union campaign going public violated federal labor law, a National Labor Relations Board judge has ruled, saying it's more plausible the discharge arose from the worker's union activity than from his lack of a COVID-19 vaccination.
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February 21, 2023
Real Estate Rumors: Creation Equity, John Vassallo, Largo
Creation Equity reportedly plans to build a $60 million industrial project in Arizona, developer John Vassallo is said to be pivoting from a Wisconsin multifamily project and will now build a car wash in its place, and Largo Capital is said to have arranged $28 million in financing for an office portfolio in New York.
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February 21, 2023
Montecito Medical Gets $50M In Financing From First Citizens
Montecito Medical Real Estate obtained $50.3 million in financing from First Citizens Bank to recapitalize a portfolio of seven medical office buildings that cater to a variety of health care practices, according to a Tuesday announcement.
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February 21, 2023
Enviro Groups Seek Lithium Mine Halt Until 9th Circ. Decision
Environmentalists filed an emergency motion on Tuesday to block construction of a Nevada lithium mine while the Ninth Circuit hears an appeal of a permit issued by the federal Bureau of Land Management.
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February 21, 2023
NJ Vertical Farming Co. Sued Over $28M Loan-To-Equity Claim
A capital investment firm is suing a New Jersey vertical farming company in federal court over the neglected repayment of a $28 million loan, accusing the company of breaching its contractual obligations and falsely claiming the note had been "automatically converted into equity."
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February 21, 2023
Wis. Justices Reject Lowe's Vacant-Store Tax Comparison
A Wisconsin appeals court correctly denied a claim by Lowe's that its Delavan store was overvalued in 2016 and 2017, the state's high court said, because vacant stores used by the store as comparable properties were properly excluded.
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February 21, 2023
Munck Wilson Adds LA Litigation Partner From Stuart Kane
Munck Wilson Mandala LLP has added a new litigation partner to its Los Angeles office from Stuart Kane LLP.
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February 21, 2023
5th Circ. Declines Redo After Tossing Developer's Conviction
The 5th Circuit said it won't rehear its reversal of a Dallas developer's conviction on the grounds that the jury was told bribery does not require a quid pro quo.
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February 21, 2023
Olshan Frome Hires Real Estate Partner For NY Office
Olshan Frome Wolosky LLP landed a real estate partner with more than 20 years of experience representing clients in commercial real estate leasing transactions, the firm announced.
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February 21, 2023
Judge Nixes Gun Supplier's Suit Over Gun Range Ban
A Michigan federal judge reaffirmed the dismissal of a gun supplier's Second Amendment suit over a township's ban on long-distance gun ranges, ruling that the Second Amendment doesn't grant the right to construct and use those specific gun ranges.
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February 17, 2023
Property Plays: Alexico, Caribou Coffee, Lennar
Alexico Group is reportedly paying roughly $200 million for a former college campus in Brooklyn, New York, Caribou Coffee is said to be closing at least four locations in Minneapolis, and Lennar Homes has reportedly paid $15 million for a South Florida development site.
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February 17, 2023
Colo. County's Quarry Regs Not Preempted, Panel Finds
A western Colorado county's seasonal ban on a company's quarrying isn't preempted by a federal permit, a state appeals panel has ruled, concluding that the U.S. Bureau of Land Management's green light for the activity allowed for stricter local rules.
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February 17, 2023
Paper Co. Says Landlord Won't Return $2M Worth Of Products
A Texas paper and printing company is suing its landlord in state court for allegedly breaching their lease agreement by locking it out of its space and preventing the paper company from removing $2 million worth of products and equipment.
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February 17, 2023
Ill. Appeals Court Says Bank Can Collect on $7.8M Judgment
A bank can pursue a $7.8 million outstanding judgment against a husband and wife who backed mortgages for their real estate businesses that later defaulted on the loans, after an Illinois state appeals court rejected the couple's arguments that the bank had abandoned its right to collect the money.
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February 17, 2023
7th Circ. Urged To Undo 'Disastrous' Obama Center Approval
Opponents of plans to build the Obama Presidential Center in Chicago's Jackson Park asked the Seventh Circuit to find that federal agencies didn't do a full review of the project's environmental impacts.
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February 17, 2023
Alaska Fish Hatchery Must Pay $1M For Illegal Fuel Burn
An Alaska federal judge has ordered salmon hatchery Prince William Sound Aquaculture Corp. to pay $1 million in fines and restitution after pleading guilty to illegally burning waste oil and jet fuel in a 2018 incident that seriously injured an employee.
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February 17, 2023
Office-To-Residential Conversions: Reality Or Pipe Dream?
As downtown areas continue to languish post-pandemic, more and more local officials are betting on converting office buildings well past their prime into buzzing, sought-after residential properties. Yet whether office-to-residential conversions are the key to boosting commercial real estate prices and correcting tax revenue shortfalls remains up for debate.
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February 17, 2023
Golden Corral Insurer Says La. Judge Should Stay On Case
An insurer for Golden Corral fighting the restaurant over Hurricane Ida losses opposed a Louisiana federal judge's recusal, saying he wasn't biased financially or otherwise, denouncing restaurant attorneys' recordings of phone conversations between the judge and counselors as potentially sanctionable or warranting disbarment.
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February 17, 2023
Hodgson Russ Names Real Estate, Finance, Bankruptcy Head
New York-based Hodgson Russ LLP has named a new head of its real estate, finance and bankruptcy practice area, appointing longtime attorney Christofer C. Fattey to the role.
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February 17, 2023
Jackson Walker Dallas Attys Tapped As Land Use, RE Leaders
Jackson Walker LLP has turned to two experienced partners in North Texas to take the reins of its bustling land use and real estate practice groups.
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February 17, 2023
Troutman Pepper Taps Ex-Morris Manning Real Estate Pro
Troutman Pepper has added to its national real estate group with the hire of a new partner from Morris Manning & Martin LLP.
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February 17, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen logistics company Tuffnells Parcels hope to deliver a win in its corporate espionage lawsuit against rival DX, commodity trader Glencore sued again in a claim from Legal and General, and dairy alternative producer Oatly crying over spilled milk in a chancery appeal against the U.K.'s dairy industry trade body. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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What Litigation Funding Disclosure In Delaware May Look Like
A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.
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Commercial Tenant Takeaways From Conn. COVID Ruling
The Connecticut Supreme Court's recent decision in AGW Sono Partners v. Downtown Soho, finding that COVID-19 health emergency orders did not excuse a tenant from its lease obligations, highlights long-standing obstacles for commercial tenants who may be hoping for COVID-19 rent abatement relief, says Noble Allen at Hinckley Allen.
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What To Expect From CFPB's Entry Into Cryptocurrency Arena
As consumer cryptocurrency offerings become more prevalent, it's important to consider how the Consumer Financial Protection Bureau might regulate this area, including what kind of services it will focus on and what kind of authority it could draw on when pursuing enforcement actions, say attorneys at Goodwin.
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How In-House Legal Leaders Can Drive Corporate Growth
Today, more executives are seeking legal leaders who are strategic, adaptable thinkers, making it essential that in-house counsel get out of their comfort zone of legal advice and take several steps to contribute toward revenue growth and raise their profile, says Tim Parilla at LinkSquares.
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Attorneys Should Tread Carefully On Job Counteroffers
Promises of more compensation to keep attorneys from leaving their jobs have become commonplace in today's hot job market, but lawyers should weigh their options carefully as accepting a counteroffer can negatively affect their reputation, says Leeron Molloy at VOYlegal.
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The Future Of Legal Ops: Time To Get Serious About Data
Most corporate legal departments collect surface-level data around their operations, such as costs and time to resolution, but legal leaders should explore more in-depth data gathering to assess how effective an attorney was, how efficiently legal work was performed, and more, says Andy Krebs at Intel.
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Insight Into California's Increasing Cannabis Litigation
California's cannabis industry is experiencing a swirl of challenges leading to a rise in cannabis-related litigation ranging from breach of contract claims to employment disputes — but companies can take several steps to avoid these growing pains, say Alexa Steinberg and Steven Stein at Greenberg Glusker.
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Ohio Tax Talk: Unpacking The New Property Tax Procedures
New procedures for challenging real property tax valuations in Ohio may reduce tax revenue for political subdivisions and school districts, but are also likely to help boost development in the state and streamline its real estate tax, say Yazan Ashrawi and Raghav Agnihotri at Frost Brown.
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ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule
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.
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Lateral Candidate Screening Steps To Prevent Bad Behavior
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.
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A Look At The Legal Profession Since Murder Of George Floyd
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.
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NY Ruling Correctly Deems Legal Finance Docs Irrelevant
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.
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Phase I Site Assessments After EPA U-Turn On 2021 Standard
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.