Commercial

  • September 19, 2022

    Chicago Developers Will Pay $27.5M To End EB-5 Fraud Fight

    An Illinois federal judge entered a consent judgment Monday requiring a group of Chicago developers to pay $27.5 million to a class of dozens of EB-5 Chinese nationals who invested in a roughly $49 million project that went nowhere, enforcing the developers' obligations under a fraught settlement agreement.

  • September 19, 2022

    Settlement Reached In $38M Marine Corps Construction Case

    A construction company and a subcontractor have reached a settlement in a false claims suit related to the construction of a $38 million aircraft maintenance hangar and offices at a Beaufort, South Carolina air station. 

  • September 19, 2022

    HP, Agilent Can't Nix Stanford University's Superfund Suit

    A California federal judge on Monday refused to nix Stanford University's Superfund suit against Hewlett Packard and Agilent Technologies and ordered the case to go to trial after rejecting their argument that the school's trespass and nuisance claims were permanent and time-barred.

  • September 19, 2022

    Forsaken 'Ghost' Park Asks NC Judge To Toss Contract Suit

    The company behind an abandoned Western-themed amusement park in the mountains of North Carolina has told a state court judge to chuck a lawsuit looking to have it dissolved, saying the woman suing can't break up the partnership because she's not an owner.

  • September 19, 2022

    Montana Resort Settles River Pollution Suit

    Spanish Peaks Mountain Resort could escape claims for allegedly polluting the Gallatin River after the ski and golf resort, alongside environmentalist groups, said the two sides have reached a settlement and asked the court to dismiss the case.

  • September 19, 2022

    NYC Law Firm Says Insurer Can't Revoke Defense Coverage

    A Manhattan law firm is arguing its insurer waited too long to file a suit to stop defense coverage, claiming the insurer is breaking its promise and even began to pay some costs already, according to a letter filed in New York federal court.  

  • September 19, 2022

    Fed. Circ. Urged To Revive Flood Suit Over Cherokee Casino

    An Oklahoma landowner has urged the Federal Circuit to overturn a lower court ruling that the federal government isn't liable for alleged flooding damage to her property due to activity at a nearby Cherokee Nation casino, saying the government's actions directly led to the problems.

  • September 19, 2022

    Developer's Unpaid Atty Fees Scrutinized As Trial Opens

    A Manhattan federal judge appeared skeptical Monday of claims that the lead defender in Chinese real estate mogul Ng Lap Seng's criminal bribery case took advantage of language barriers to charge an "outrageous" fee while farming work out to more experienced lawyers like Ben Brafman. 

  • September 19, 2022

    Office Snapshot: Weiss Serota's New Miami, Boca Spaces

    Florida's growing Weiss Serota Helfman Cole & Bierman PL recently moved two of its five Sunshine State locations into new, more efficient office spaces with the hopes of better positioning the firm and its attorneys for the future.

  • September 19, 2022

    Judge Asks For Delay Of Panthers-Tied Ch. 11 Plan Hearing

    A Delaware bankruptcy judge Monday asked an entity tied to the construction of the Carolina Panthers' practice facility to push back the timeline for the confirmation of its Chapter 11 plan to give objectors more time for discovery.

  • September 19, 2022

    Jackson Residents Sue Over Water Failure

    A group of Jackson, Mississippi, residents has hit public officials and engineering firms with a federal proposed class action over a water treatment plant shutdown last month that left more than 150,000 without access to clean water in the mostly Black city.

  • September 16, 2022

    Trump Ally Set To Fight Feds' Lobbying Crackdown At Trial

    More than a year after investor Thomas Barrack was indicted on a slew of charges over his purported secret lobbying campaign on behalf of the United Arab Emirates, the onetime adviser to former President Donald Trump is set to put the government's illegal foreign influence dragnet to the test.

  • September 16, 2022

    3M Can't Get Gov't Contractor Immunity Defense In Foam MDL

    The South Carolina federal judge overseeing multidistrict litigation over claims that firefighting foam contaminated groundwater said Friday that 3M knowingly withheld information about the risks associated with so-called forever chemicals for decades, denying its bid for a government immunity defense.

  • September 16, 2022

    Ex-Texas Mayor, Husband Get Bond In Bribery Case Appeal

    The former mayor of a Texas city and her real-estate developer husband can be free on bond while they appeal their convictions on bribery and fraud charges, a federal judge ruled Friday, saying the couple raise "close questions" that the Fifth Circuit could decide in their favor.

  • September 16, 2022

    Commission Outlines South Dallas Anti-Gentrification Plan

    After years of seeing other historically minority and low- to middle-income neighborhoods across Dallas gentrify, price out residents or be bulldozed for golf courses or apartment complexes, the city's planning commission has finalized a strategy to protect South Dallas' Oak Cliff from the same fate.

  • September 16, 2022

    Construction Co. Head Must Pay Atty Fees, Ill. Panel Rules

    The head of an Illinois construction company must pay $87,000 in attorney fees to a Chicago law firm, a panel of state appellate judges has decided in a ruling finding that no expert testimony was necessary to show the reasonableness of the fees.

  • September 16, 2022

    3rd Circ. Won't Revoke Land-Use Plans In Architecture IP Row

    The Third Circuit has backed a lower court's decision not to revoke a Pennsylvania city's access to land-use plans at the center of a copyright suit lodged by its former architect, agreeing that the parties' contract can't be used to stop the city from using the plans after failing to make payments.

  • September 16, 2022

    The Promise And Peril Of Golf Course Redevelopment

    The nation's supply of golf courses has taken a hit since the turn of the century, narrowing 11% between 2006 and 2021, according to the National Golf Foundation, which projects that a further 95 courses will close in 2022 and is not the market's "natural bottom."

  • September 16, 2022

    Real Estate Rumors: Madison Realty, Google, O'Melveny

    Madison Realty Capital has reportedly loaned $315.6 million for a New Orleans Four Seasons, Google is said to have hit tenant improvement construction delays at a Los Angeles property and O'Melveny & Myers LLP is reportedly leasing 142,000 square feet in New York.

  • September 16, 2022

    Insurer Refuses To Defend Bakery In Ga. Poisoned Wells Suit

    An insurance company filed suit in Georgia federal court claiming it has no duty to defend a commercial bakery accused in an underlying suit of being part of a group dumping noxious waste at a rural property, poisoning wells near Athens, Georgia.

  • September 16, 2022

    HNA Drops Appeal Of $185.4M Award To SL Green At 245 Park

    After taking ownership of 245 Park Ave. in Manhattan last week, realty giant SL Green saw Chinese conglomerate HNA Group drop an appeal over a finding that it should pay $185.4 million for violating an agreement governing SL Green's investment in the 44-story tower.

  • September 16, 2022

    Field & Goldberg, Shvartsman Guide $1.15B Chicago Deal

    Field & Goldberg LLC and Shvartsman Law Offices advised on the $1.15 billion sale of two Chicago apartment complexes by real estate firm Pioneer Acquisitions to an entity of Hyde Park Ventures, according to records recently made public in Cook County. 

  • September 16, 2022

    Foley Real Estate Atty Joins Greenberg Traurig In Calif.

    Greenberg Traurig LLP has added a real estate finance attorney who formerly worked at Foley & Lardner LLP to its Orange County office, following a string of California hires that stand to bolster the firm's real estate reach on the West Coast, according to an announcement.

  • September 16, 2022

    Mason Wenk, Morris Manning Assist $1B Chicago Deal

    An operator of charter buses in Chicago sold a property on the city's South Side for $1.025 billion to an entity affiliated with Brookfield Property Group, in a deal assisted by Mason Wenk & Berman LLC and Morris Manning & Martin LLP.

  • September 16, 2022

    Office Snapshot: Reed Smith's Upgraded Houston Outpost

    After opening its first Texas office nearly 10 years ago in Houston and expanding from a roster of 12 partners to a robust staff of 68 attorneys, Reed Smith LLP has announced plans to relocate to a recently renovated state-of-the art building in the heart of the city's downtown.

Expert Analysis

  • Performance Bonds May Not Cover All Contract Obligations

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    Supply chain constraints and higher material prices in the construction industry are leading many project owners to require payment and performance bonds from contractors, but owners should keep in mind certain legal and practical considerations that may allow sureties to escape liability, says Daniel Miktus at Akerman.

  • Untangling A Web Of State Regulations For Cannabis Lounges

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    Though a number of states have legalized adult-use marijuana, progress toward widespread licensing of cannabis consumption lounges has been slow due to high operational costs and regulatory complexities that vary greatly from state to state, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Contract Diligence Is Key Amid EV Facility Construction Boom

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    As demand for new electric vehicle manufacturing facilities rises, manufacturers must recognize that such construction projects are uniquely complex undertakings with potentially mammoth financial risks, and draft contracts accordingly, says Chris Caputo at Baker Donelson.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    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.

  • Commercial Tenant Takeaways From Conn. COVID Ruling

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    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.

  • What To Expect From CFPB's Entry Into Cryptocurrency Arena

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    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.

  • How In-House Legal Leaders Can Drive Corporate Growth

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    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.

  • Attorneys Should Tread Carefully On Job Counteroffers

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    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.

  • The Future Of Legal Ops: Time To Get Serious About Data

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    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.

  • Insight Into California's Increasing Cannabis Litigation

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    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.

  • Ohio Tax Talk: Unpacking The New Property Tax Procedures

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    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.

  • 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.