Commercial
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November 28, 2023
Developer Tells 9th Circ. To Reverse Insurer's Fire Loss Win
A laundromat developer urged the Ninth Circuit to overturn an insurer's coverage win over business losses following a fire, saying a district court was wrong in finding that the developer's evidence was too speculative to support its claim.
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November 28, 2023
Fla. Property Co. Seeks $400K In Hurricane Ian Coverage Row
A Fort Myers property owner has blamed its insurer for underpayment in a Florida federal case over $400,000 in 2022 damages from Hurricane Ian.
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November 28, 2023
Real Estate Rumors: Brent Saunders, JVM, Hudson Pacific
The CEO of Bausch + Lomb is said to be the buyer of a $35.3 million home near Miami, JVM Realty has reportedly purchased a luxury apartment building near Chicago for a price rumored to exceed $30 million and Hudson Pacific Properties is said to have sold a 5.3-acre parcel in Sillicon Valley for $43.5 million.
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November 28, 2023
2nd Circ. Upholds Ex-CEO's Conviction For Manafort Bribe
The Second Circuit on Tuesday upheld former Federal Savings Bank CEO Stephen Calk's conviction for giving former Donald Trump staffer Paul Manafort $16 million in loans in exchange for a chance at a job in the White House, rejecting a series of evidentiary and procedural arguments raised by Calk.
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November 28, 2023
MSG Can't Duck NY Liquor License Probe Over Atty Ban
The New York State Liquor Authority has the right to review Madison Square Garden's liquor licenses over its policy of banning lawyers suing the company and its owner from entering its venues in New York City, a state appeals panel ruled this week.
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November 28, 2023
Nossaman Atty Rejoins Lewis Brisbois As Enviro Co-Leader
Lewis Brisbois Bisgaard & Smith LLP has welcomed back as a partner an environmental litigator from Nossaman LLP who was previously head of the California Environmental Protection Agency's Department of Toxic Substances Control, the firm said Tuesday.
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November 28, 2023
PE Firms Invest €40M In Construction-Focused Tech Startup
Finnish software company One Click LCA landed a €40 million ($43.9 million) investment from PSG Equity and InfraVia Capital Partners, the company announced Tuesday.
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November 28, 2023
Wis. Class Action Blames Insurer For Cheating In Depreciating
A Tennessee strip mall owner told a Wisconsin federal court that the company should be allowed to pursue a class action on behalf of hundreds or thousands of fellow insureds who were under-compensated for property damage after an insurer illegally depreciated labor costs in numerous states.
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November 28, 2023
Empire State Building Seeks $1.2M In Back Rent From Agency
The owner of the Empire State Building claimed Tuesday that a New York City talent agency owes $1.2 million in back rent for its space on the 38th floor of the world-famous skyscraper.
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November 28, 2023
Carlton Fields Adds Ex-Real Estate Boutique Partner In LA
Carlton Fields has hired a former name partner at a Beverly Hills boutique real estate firm, who will join its Los Angeles office, the firm announced Tuesday.
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November 28, 2023
Hotel Developers Seek $3.6M Refund For Construction Project
Two South Dakota hotel developers accused a lender and an investment company in Illinois federal court of owing $3.6 million after two multimillion-dollar lines of credit for a construction project weren't funded.
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November 28, 2023
Minn. Townhome Group Seeks $2M For Storm Damage
A townhome association is seeking over $2 million in actual and replacement costs from its insurer because of a 2022 storm, maintaining that the insurer has provided less than half the amount awarded in arbitration, according to a lawsuit removed to Minnesota federal court.
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November 28, 2023
NJ Theater Says Policy's $1.9M Limit Applies To Virus Losses
An iconic New Jersey theater urged a federal court to rule that it can recover $1.9 million to offset its $3.7 million pandemic-related losses, arguing that the blanket limit of insurance in its Zurich policy replaces a lower per-occurrence limit for communicable disease coverage.
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November 28, 2023
Salt Lake City Development Lands $157M Loan
A trio of lenders arranged $157.5 million in financing for the Post District project in downtown Salt Lake City, Utah, which will include as many as 580 residential units when complete.
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November 28, 2023
Panel Sends Case Involving 'Ancient' Doctrine To La. Justices
Louisiana's high court is the right venue to consider whether a unique, deeply rooted state legal doctrine lets a Chesapeake Energy unit take post-production costs off the top of revenues owed to owners of state-mandated oil and gas pools, according to a divided Fifth Circuit opinion.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
Law Firm To Get Settlement Info Underlying Malpractice Suit
A New Jersey judge has ordered a family suing their former attorney for malpractice in an intra-family estate dispute to turn over the financial terms of a recent settlement in the estate case, which the attorney said undermined the family's malpractice claims.
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November 28, 2023
COVERAGE RECAP: Day 35 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 35.
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November 27, 2023
Brine Co. Says Pollution Suit Coverage Denial Is 'Egregious'
A brine supplier asked a Louisiana federal court to determine that its insurer does owe defense and indemnity coverage for an underlying suit alleging the supplier leaked toxic chemicals from a salt mine onto nearby property, calling the insurer's position against covering the action "egregious."
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November 27, 2023
NC County Says Energy Co. Owes $1.6M For Failed Project
A North Carolina county said an energy company didn't follow through on its plan to build a natural gas electric generating facility, despite the county's significant investment in the project.
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November 27, 2023
Golf Course Cos. Ask 4th Circ. Not To Certify Chinese Citizens
A group of golf course ownership companies has asked the Fourth Circuit to affirm a trial court's denial of class certification to investors suing over the use of their money by now-defunct Chinese peer-to-peer lending firms, saying the suit doesn't belong in the U.S. courts.
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November 27, 2023
Mich. Board Stalls On Property Tax Elimination Summary
The Michigan Board of State Canvassers delayed consideration at its Monday meeting of whether a 100-word summary of a proposed constitutional amendment that would eliminate property taxes was sufficient.
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November 27, 2023
NYC To Levy New Fines On Illicit Smoke Shops' Landlords
A New York City task force on Monday warned 50 property owners, all previously reprimanded by the city for renting space to unlicensed cannabis and tobacco retailers, that it intends to pursue steeper fines against them if they do not boot those illicit tenants.
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November 27, 2023
Ga. Hotel Sex Trafficking Suit Settles Before Trial
A group of women who said they were for years victims of sex trafficking at Atlanta-area hotels agreed to settle on the eve of trial after suing hotel owners and operators they said ignored the crimes happening at their properties.

3 Pitfalls To Avoid When Steering A Brownfield Redevelopment
A real estate deal or project involving contaminated land can end up far messier than it needs to be, especially if the developer’s legal team isn’t aware of how their work can go wrong. Here are a few of the biggest pitfalls to look out for when advising clients on such a project.

Stars Align For $2B Berkeley Space Center
The University of California, Berkeley, NASA and SKS Partners have worked for years to align their missions for an aerospace campus that would take advantage of Moffett Field's proximity to Silicon Valley and a burgeoning space industry. Now, the development is moving forward.

Breaking Down Real Estate Disputes Before Supreme Court
A flooded Texas highway and a big road maintenance bill for a small California residence are at the heart of two disputes that could shape real estate law once the U.S. Supreme Court weighs in during its current term.
Expert Analysis
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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.
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1st Tax Easement Convictions Will Likely Embolden DOJ, IRS
After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.
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Compliance Primer: Foreign Investment In US Real Property
The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.