Commercial
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April 25, 2024
Real Estate Exec Can't Escape Shareholder's Self-Dealing Suit
A California federal judge ruled that a derivative shareholder suit accusing the president of a real estate management and investment firm of misusing nearly $35 million of company revenue now passes the so-called Zuckerberg test since the plaintiff sufficiently pled that demand on the company's board members would be futile.
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April 25, 2024
Tribes, Enviros Want A Say In Grand Canyon Monument Suits
Three Native American tribes and a slew of conservation groups are asking an Arizona federal district court to intervene in separate lawsuits, seeking to protect an Indigenous sacred site in the Grand Canyon region from losing its National Monument designation.
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April 25, 2024
Yellowstone Nabs NYC Office Property At Steep Discount
Yellowstone Real Estate Investments purchased a Manhattan office tower for $185 million, more than two years after an affiliate of Blackstone Property Advisors LP reportedly stopped making payments on the building's $308 million mortgage, according to a filing prepared by Davis Polk & Wardell LLP.
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April 25, 2024
Neb. To Require County Tax Roll Corrections Upon Final Order
Nebraska county clerks or assessors will be required to correct tax rolls and property assessments when an administrative body or court gives a final order, under a bill signed by the governor.
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April 25, 2024
Ore. Tax Court Rejects Lowe's Valuation Reduction Arguments
A Lowe's home improvement store was properly valued by comparing the sales values for occupied big box home improvement stores, the Oregon Tax Court said in a pair of rulings.
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April 25, 2024
SL Green Demands $13M For Rent, Tax Payments For NYC Bar
An SL Green entity has asked a New York state court to issue a $13.4 million judgment and enforce a final arbitration award related to rent and other payments for New York City restaurant and bar Rosie O'Grady's sublease.
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April 25, 2024
Mich. Pot Group Says Suit Against Town Was Properly Pled
A group of residents of Lima Township, Michigan, have asked a federal court not to throw out their suit claiming that the township's trustees abused their power by blocking any progress on opening a cannabis dispensary, saying the complaint clearly pleads that their 14th Amendment rights were violated.
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April 25, 2024
Bears Pitch $5B Lakefront Stadium After Dropping Suburb Site
The Chicago Bears, along with the Windy City's Mayor Brandon Johnson, plugged a nearly $5 billion plan to build a new stadium on the shore of Lake Michigan next to the current, century-old Soldier Field location, after the team bolstered its legal group earlier this month ahead of the announcement.
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April 25, 2024
Amazon Web Services Unveils $11B Indiana Investment Plan
Amazon Web Services will invest an estimated $11 billion into Indiana in a move that the company described as "the largest capital investment in the state's history" and includes the construction of data centers.
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April 25, 2024
Real Estate Atty, Insurer Scuttle Hacking Policy Feud In Conn.
A Connecticut real estate attorney and an insurance company owned by Berkshire Hathaway have moved to end their claims against one another, in a state court dispute over who should be on the hook after the lawyer was accused of transmitting several property payments to hackers.
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April 25, 2024
EEOC Says Co. Piled Tasks On Black Worker, Then Fired Him
A real estate company gave a Black manager more than twice as much work as his white colleague, paid him less and then fired him because he was "lazy," the U.S. Equal Employment Opportunity Commission said in a suit filed in Georgia federal court.
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April 25, 2024
Treasury Finalizes Rules On Sales Of Green Energy Credits
The U.S. Department of the Treasury released final rules Thursday to facilitate the sale or transfer of clean energy tax credits by project owners under a new way to monetize the incentives created by the 2022 landmark climate law.
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April 24, 2024
Hawaii High Court Affirms Timeshare Property Tax Is Legal
Timeshares in Maui County, Hawaii, were properly taxed using a timeshare property classification because the classification is both constitutional and in line with the county's code, the state Supreme Court affirmed.
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April 24, 2024
Vantage Data Centers Lands $3B Green Loan For Growth Plan
Vantage Data Centers has announced it secured a $3 billion green loan from a bank syndicate led by Wells Fargo Securities to fund the development of sustainable data centers in North America.
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April 24, 2024
BakerHostetler Renews Office Lease In SF Skyscraper
BakerHostetler has signed a five-year lease renewal for office space on the entire 31st floor of San Francisco's Transamerica Pyramid, located at 600 Montgomery Street, the firm announced April 24.
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April 24, 2024
Acore Raises $1.4B For Commercial Real Estate Debt Fund
Acore Capital LP overshot its fundraising goal for a commercial real estate credit fund and closed with $1.4 billion worth of equity commitments raised, the commercial real estate debt manager announced.
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April 24, 2024
KKR Financing REIT Expects $140M Loss From Office Distress
The president of KKR & Co.'s financing-focused real estate investment trust said Wednesday that the company will likely face $140 million in losses in the second quarter due to distress in parts of its office loan portfolio.
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April 24, 2024
Croke Fairchild Leader Eyes Data Center Power Question
As demand for data centers continues to skyrocket, site selection for new facilities is increasingly focusing on access to power to actually keep the centers running, Croke Fairchild's real estate leader told Law360.
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April 23, 2024
Residents Say NJ Township, Grower Rushed Land Use Permits
Residents of a New Jersey neighborhood are hopping mad about plans to put a cannabis growing facility a stone's throw from their residential street, telling a state court that the local township didn't properly assess the site plan for the project before approving it.
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April 23, 2024
WeWork Urged To Add Info Ahead Of Ch. 11 Plan Doc Hearing
Bankrupt flexible office space company WeWork Inc. will present its Chapter 11 plan disclosure statement for court approval April 29 in New Jersey, but a judge there urged the debtor to add significant information to the document ahead of that hearing, which the court scheduled on shortened notice.
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April 23, 2024
CoStar Rival Is Asking To Free Ride, 9th Circ. Told
CoStar urged the Ninth Circuit not to revive antitrust counterclaims from Commercial Real Estate Exchange Inc., despite backing from the Federal Trade Commission, arguing the rival is trying to use antitrust law to get free access to its platforms.
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April 23, 2024
Judge Quiets NY Outdoor Stadium For Frazzled Neighbors
A state judge has temporarily muffled the activities of a century-old outdoor stadium in New York, ordering it to hire an independent contractor to monitor noise levels and to place barricades that prevent concert-goers from wandering into nearby neighborhoods.
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April 23, 2024
Shearman Hires Weil RE Atty In New York
Shearman & Sterling LLP has hired a real estate partner in New York from Weil Gotshal & Manges LLP whose practice focuses on advising clients on real estate matters who work in the hospitality, digital infrastructure and a range of other industries, the firm announced Monday.
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April 22, 2024
Petersen Health Shouldn't Get LLCs Back, Creditor Says
A loan servicer of bankrupt senior-living company Petersen Health Care has asked a Delaware bankruptcy court to dismiss the Chapter 11 cases of 16 of Petersen's affiliates, saying they could not file for bankruptcy because they were at the time, and still are, in receivership.
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April 22, 2024
Judge Finds Feds Own Historic Virgin Islands Resort
A U.S. Virgin Islands federal judge has found the government owns the title to the historic Caneel Bay resort on a St. John peninsula, ruling against an operator in a dispute that arose after the resort suffered damage from back-to-back Category 5 hurricanes in 2017.
Expert Analysis
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Trump NY Fraud Trial Shows Civil, Criminal Case Differences
Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.
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A Year-End Look At Florida's Capital Investment Tax Credit
Notwithstanding the Walt Disney Co.’s feud with Gov. Ron DeSantis this year, Florida's capital investment tax credit will continue to make the state a favored destination for large corporations, particularly in light of the new federal alternative minimum tax and the Pillar Two top-up tax, says Alan Lederman at Gunster.
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.
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Paths Forward For RE Buyers In Turbulent Market Conditions
Real estate borrowers are facing significant challenges in financing new acquisitions or developments amid escalating interest rates, but opportunistic debt funds may be able to help bridge through the present environment, say Jon Gallant and Jared Hodges at Knowles Gallant.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Inside Bank Regulators' Community Lending Law Overhaul
The federal banking agencies' recently finalized changes to the Community Reinvestment Act not only account for the gradual shift to an environment where lending and deposit-taking are primarily conducted online, but also implement other updates such as diversity initiatives and a new series of lending tests, say attorneys at Norton Rose.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'
In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.
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A Bird's Eye View Of NYC's New Parapet Inspection Law
Building owners in New York City should be ready for the city's new parapet inspection requirements going into effect in January, which will likely necessitate additional construction work for countless buildings not previously subject to formal inspections, says Benjamin Fox Tracy at Braverman Greenspun.
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How Fla. Bankruptcy Ruling May Affect Equity Owners
A Florida bankruptcy court’s recent ruling in Vital Pharmaceuticals — which rejected the Third Circuit’s Majestic Star decision that determined a bankrupt corporation’s flow-through status was not protected by the automatic stay — may significantly affect how equity owners can mitigate the impact of flow-through structures in bankruptcy, say Eric Behl-Remijan and Natasha Hwangpo at Ropes & Gray.
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Calif. Ruling May Open Bankruptcy Trustees To Tort Liability
In Martin v. Gladstone, a recent California appellate court decision, the application of tort concepts to bankruptcy trustees could pose a new concern for trustees and federal receivers when controlling and maintaining commercial property, says Jarrett Osborne-Revis at Buchalter.
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Considerations For Navigating Mixed-Use Developments
As mixed-use developments continue to rise in popularity, developers considering this approach to urban planning must be aware of key considerations ranging from title and zoning laws to proper engagement with stakeholders, says Mehdi Sinaki at Michelman & Robinson.