Commercial

  • September 23, 2022

    Atty Fee Battle Brewing In EB-5 Venture Case In Chancery

    An attorney fee battle is brewing with claims of bad litigation conduct being thrown around after a Delaware vice chancellor earlier this year ordered the founder of a "visas-for-investment" venture to pay nearly $2.4 million to his company over improper money transfers.

  • September 23, 2022

    TA Realty Pays Panattoni $90M For California Industrial Park

    Boston-based real estate investment firm TA Realty purchased a large, newly built industrial park in Fairfield, California, from developer Panattoni Development Co. for $90.5 million, JLL Capital Markets announced this week.

  • September 23, 2022

    Builder In Tribal Casino Pay Dispute Again Asks For Dismissal

    A contractor asked a Northern California federal court judge on Thursday to dismiss an amended complaint by the Coyote Valley Band of Pomo Indians that claims a dispute over an unfinished casino project belongs in tribal court and that the tribe maintains sovereign immunity.

  • September 23, 2022

    A Major Test For Mass Timber

    Engineers in San Diego are on the verge of learning just how much seismic shaking a new generation of wood building materials can take.

  • September 23, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen investors in a Disney film financing scheme look for a fairytale ending against HSBC, a scuppered Forex company sue a card payments provider in a breach of contract claim, and Boots Opticians eye up a commercial contracts claim against NHS England. Here, Law360 looks at these and other new claims in the U.K.

  • September 23, 2022

    Kirkland Guides $82M NYC Medical Center Deal

    Kirkland & Ellis LLP guided Physicians Realty Trust's $81.5 million acquisition of a medical center in Brooklyn through a joint venture with MedProperties Realty Advisors, according to records made public Friday.

  • September 23, 2022

    Fla. Boutique AVILA Adds Real Estate Senior Counsel

    South Florida Boutique Avila Rodriguez Hernandez Mena & Garro LLP hired a new real estate transactions senior counsel who was part of a family firm for more than 16 years.

  • September 23, 2022

    Wash. Paper Mill's Machines Subject To Real Estate Excise Tax

    Machines in a paper mill are subject to Washington state's real estate excise tax because they're real property fixtures, the state Department of Revenue said, rejecting a company's argument that the machinery and equipment weren't fixtures and should be exempt.

  • September 22, 2022

    Simon Property Sues Footwear Co. Over $4.4M Judgment

    Mall landlord Simon Property Group LP is seeking $4.4 million in unpaid rent and other charges that a Delaware Superior Court judge ordered The Walking Company to pay in 2021, suing the footwear retailer and several affiliates on Wednesday in Delaware Chancery Court.

  • September 22, 2022

    Resort Group Lands $2.26B Valuation With GIC Partnership

    Luxury beach resort group Sani/Ikos and Singaporean sovereign wealth fund GIC announced Thursday that they would enter into a strategic partnership in which GIC will become Sani/Ikos' leading shareholder.

  • September 22, 2022

    Bar Owner's 'Suspicious' Testimony Dooms TM, TTAB Finds

    The company behind a New York cocktail bar failed to convince the Trademark Trial and Appeal Board to cancel a trademark registration on the term "Happiest Hour," with the board finding in a precedential opinion that the bar owner's testimony was inconsistent and contradictory.

  • September 22, 2022

    11th Circ. Says Google, BellSouth Beat Conduit Trespass Case

    Google Fiber Inc. and BellSouth Telecommunications LLC can't be sued by an Atlanta property owner for trespass in relation to underground fiber optic and telecommunications conduits below neighboring right-of-ways, the Eleventh Circuit affirmed Thursday.

  • September 22, 2022

    NJ Developer Sues Town Over Denied Starbucks Plan

    A New Jersey developer accused a New Jersey township’s zoning board in state court of wrongfully denying its application for the construction of a 2,225 square foot Starbucks fast food drive-thru in a shopping center.

  • September 22, 2022

    Real Estate Rumors: Black Lion, ICO Group, WTI Capital

    Black Lion has reportedly paid $6.4 million for a Miami retail space, ICO Group is reportedly hoping to get $69.8 million with the sale of a shuttered Los Angeles hotel, and WTI Capital is said to have scored $54.8 million in financing for a Florida multifamily property.

  • September 22, 2022

    Construction Co. Can't Escape Gold King Mine MDL

    A New Mexico federal judge has shot down contractor Harrison Western Construction Corp.'s request to be let out of a lawsuit from Navajo farmers over the 2015 Gold King Mine spill, rejecting the Colorado-based company's assertion that the court lacks jurisdiction.

  • September 22, 2022

    Trump Fraud Referrals Present Political Minefield For DOJ, IRS

    The New York attorney general's criminal referrals to the U.S. Department of Justice and the IRS stemming from her probe of former President Donald Trump will force prosecutors to walk a political tightrope, given Trump's accusations of bias and Republicans' animus toward the IRS.

  • September 22, 2022

    Marriott Robocall Claims Against Timeshare Co. Largely Axed

    A Virginia federal judge tossed several of Marriott International Inc.'s claims against timeshare company ResortCom, which was accused of being part of a robocall scheme, ruling that the hotel giant had failed to plausibly allege that ResortCom knew that the companies it worked with were infringing on Marriott's trademark.

  • September 22, 2022

    Newly Completed Orlando Logistics Buildings Sell For $30M

    JLL Capital Markets brokered the sale of two new logistics buildings in a developing industrial park in Orlando, Florida, for $30.1 million, the company announced this week.

  • September 22, 2022

    Former California Superior Court Judge Joins JAMS

    Retired California Superior Court Judge Barry Baskin has joined JAMS, the alternative dispute resolution services organization.

  • September 22, 2022

    NYC Property Fund Manager Gets 4 Years For Fraud

    A real estate fund manager has been sentenced to four years in prison for misappropriating funds and committing securities fraud through his investment firm, according to a judgment entered this week.

  • September 22, 2022

    Iowa OKs Reg For Biz Property Tax Credit Repeal, Replacement

    Iowa will implement legislation repealing the state's business property tax credit and establishing a two-tiered property assessment system under a rule adopted by the Department of Revenue.

  • September 22, 2022

    Iowa Church Failed To File For Property Tax Exemption

    An Iowa church is not entitled to a property tax refund for 2016 and 2017 or an abatement of its 2018 property tax as it didn't file for an exemption, the state's appeals court ruled, upholding a lower court decision.

  • September 22, 2022

    Storm Damage Suit Against Nationwide Unit Moves Forward

    A Florida federal judge rejected a Nationwide unit's bid for summary judgment in a suit over Tropical Storm Eta damage, finding that Scottsdale Insurance Co. agreed to the policyholder's version of the facts and didn't properly challenge them when it had the chance.

  • September 22, 2022

    Glenstar, Creek Lane Plug $415M Into New SC Industrial Park

    Chicago developer Glenstar Properties and real estate investment firm Creek Lane Capital plan to funnel $415 million into a new, roughly 3.6-million-square-foot industrial project to be built in Cherokee County, South Carolina, according to an announcement by Colliers International.

  • September 22, 2022

    Cruise Lines: The Real Estate Players You Didn't Know About

    Often pigeonholed as purveyors of floating resorts, shuffling hordes of vacationers across the high seas from coastal town to coastal town, cruise lines also play a remarkable role in infrastructure and land development — to the tune of billions of dollars.

Expert Analysis

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

  • NY Ruling Sheds Light On UCC 'Commercial Reasonableness'

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    A recent New York state court decision in WC Braker Portfolio v. ATX Braker suggests that mezzanine lenders conducting foreclosure sales cannot rely solely on pledge agreement safe harbor provisions to satisfy the commercial reasonableness test under the Uniform Commercial Code and state law, say Gregg Weiner and Andrew Todres at Ropes & Gray.

  • How In-House Counsel Can Better Manage Litigation Exposure

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    In anticipation of economic downturn and increased litigation volume, the true struggle for an in-house team is allocating their very limited and valuable attentional resources, but the solution is building systems that focus attention where it can be most effective in delivering better outcomes, say Jaron Luttich and Sean Kennedy at Element Standard.

  • Practical E-Discovery Lessons From The Alex Jones Case

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    The accidental disclosure of mobile phone data during the Alex Jones defamation damages trial underlines the importance of having in place a repeatable e-discovery process that includes specific steps to prevent production of data that may be privileged, sensitive or damaging to the case, say Mike Gaudet and Richard Chung at J.S. Held.

  • Why Creditors Should Beware Of SBRA Due Diligence Defense

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    The Delaware bankruptcy court’s recent holding in the Center City Healthcare Chapter 11 case highlights courts' reluctance to interpret the Small Business Reorganization Act as requiring bankruptcy plaintiffs to undertake any additional due diligence, which means trade creditors should beware of seeking to dismiss a preference claim on those grounds, say Eric Chafetz and Lindsay Sklar at Lowenstein Sandler.

  • Public-Private Partnerships Can Enable Infrastructure Repairs

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    As governmental entities at all levels continue to face intense financial pressures to fund operations, programs and benefit plans, public-private partnerships are a nonconventional funding method that may help address aging infrastructure, say Peter Hutcheon and John Lushis at Norris McLaughlin.

  • The Ethical Risks For Lawyers Accepting Payments In Crypto

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    Ohio recently became the fifth jurisdiction to provide attorneys guidance on accepting cryptocurrency as payment or holding cryptocurrency in escrow, but lawyers should beware the ethics rules such payments may implicate, and consider three practical steps to minimize the risks, say Hilary Gerzhoy and Jared Marx at HWG.

  • Ore. Cannabis Proposals Could Dramatically Reshape Industry

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    Proposed reforms to Oregon’s cannabis laws and regulations under consideration by a legislative task force would significantly alter the state’s hemp industry and implicate the entire national market, as well as increase penal sanctions for illegal production, which may signal a broader reversion to war-on-drugs policies, says Brett Mulligan at Green Light Law Group.

  • Envisioning Metaverse-Based Litigation In The Real World

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    Attorneys should entertain the possibility of the metaverse becoming a matter of interest in real-world courts by considering what could cause actions outside the virtual world and digital forensics hurdles to be cleared in demonstrating the offense, identifying the culpable parties and collecting damages, say consultants at Keystone Strategy.

  • ABA Stance On Role Of Nonlawyers Is Too Black And White

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    The American Bar Association's recent resolution affirming its long-standing opposition to nonlawyers owning law practices or receiving shares of legal fees overstates the ethical, professional and regulatory challenges — and ignores the potential benefits — of allowing nonlawyers greater participation in the legal industry, say Peter Jarvis and Trisha Rich at Holland & Knight.

  • Harnessing The Power Of Big Data In Litigation

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    The growth in the volume, scope and utility of available data — with vendors tracking and selling data, and government releasing large data sets — requires consideration of new data analysis approaches and technological tools that can help provide objective insights in litigation matters, answer key liability and damages questions, and support critical discovery efforts, say analysts at Bates White.

  • How Law Firm Operations Can Adjust To New COVID Realities

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    Given that COVID-19 may be here to stay, law firms must once again rethink their office policies and culture to adapt to new trends and the permanent lifestyle changes that many attorneys and employees have made, say Kami Quinn and Adam Farra at Gilbert.