Commercial
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April 03, 2025
Ex-Judge, Profs Ask Justices To Weigh 9th Circ. Ch. 7 Ruling
A former bankruptcy judge and five law professors have asked the U.S. Supreme Court to review a Ninth Circuit opinion protecting the state of Montana from a real estate mogul and Montana ski resort founder's bid for damages over an involuntary Chapter 7 the state initiated.
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April 03, 2025
Laos Can't Get $5M Award Enforced Against Businessman
A federal judge on Thursday shut down the government of Laos' bid to enforce some $5 million in arbitral awards against an entrepreneur who was not party to an underlying arbitration stemming from an ill-fated casino venture, saying the actual award debtors are the ones that should be targeted.
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April 03, 2025
Fulton Bank Keeps $7.7M Win In Pa. Development Loan Fight
The Pennsylvania Superior Court has affirmed a $7.7 million judgment in favor of Fulton Bank in legal battle with developers over construction loans used to build a manufactured home community, reasoning the companies' arguments that they were entitled to a jury trial didn't move the needle in their favor.
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April 03, 2025
Real Estate Lawyers On The Move
Blank Rome, Greenberg Traurig and Troutman are among the law firms that have made recent real estate hires.
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April 03, 2025
IFC Plugs $100M Into Sub-Saharan Data Center Platform
Sub-Saharan African data center platform Raxio Group on Thursday announced that it has received a $100 million investment from the International Finance Corporation to fund the growth of facilities powering technologies like artificial intelligence, cloud computing and digital financial services.
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April 03, 2025
6th Circ. Backs $10M Gas Royalty Judgment Against Antero
A Sixth Circuit panel affirmed an Ohio district court ruling holding that Antero Resources Corp. underpaid a class of Buckeye State landowners $10 million by improperly deducting costs from their natural gas royalties.
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April 03, 2025
Chamberlain Hrdlicka To Leave Longtime Atlanta Digs In 2026
Chamberlain Hrdlicka White Williams & Aughtry plans to move its Atlanta office down the street in September 2026, bringing more than 60 of the midsize law firm's employees to the 19th and 20th floors of 999 Peachtree St., CBRE said Thursday.
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April 03, 2025
Goodwin Procter To Leave Times Square For Flatiron District
Goodwin Procter LLP is moving its New York City office from Times Square to Flatiron District after signing a new lease for 250,000 square feet of office space, the firm announced Thursday.
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April 03, 2025
Ky. Allows Special Property Tax In Development Project Areas
Kentucky authorized taxing districts organized as part of regional economic development projects to impose a special tax on property located within their boundaries under a bill signed by Gov. Andy Beshear.
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April 03, 2025
Adams Case Threatens NY Southern District's 'Supremacy'
The controversial end to New York City Mayor Eric Adams' historic criminal corruption prosecution could threaten the Southern District of New York's privileged status within the Justice Department and its leverage over other districts when it comes to vying for the lead on high-profile cases, experts say.
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April 03, 2025
CMS-Led Real Estate Biz Puts In £1.5B Rival Bid For Assura
Primary Health Properties PLC said Thursday that it has made a rival bid of £1.5 billion ($2 billion) to acquire another U.K. real estate manager, Assura, which would create the eighth-largest real estate investment trust listed in London.
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April 02, 2025
Real Estate Caught In ESG Tug Of War
Despite a growing backlash in recent years against environmental, social and governance factors in business strategy, attorneys say that, in the near term, real estate companies may not be abandoning ESG — although they have been adjusting their behavior.
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April 02, 2025
Avison Young's Miami Team Thrives In Full-Court Press
When a high-profile piece of property lands in the middle of a court case in Florida, there's a good chance the phone will soon be ringing in global real estate advisory firm Avison Young's Miami office.
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April 02, 2025
Jurny AI Platform Eyes Growth With New Partners, Hotel Deal
Jurny Inc., which has developed an AI-powered property management platform that it says can significantly increase operational efficiency for the hospitality industry, announced it has secured strategic investments to help support an aggressive expansion.
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April 02, 2025
Pa. Coal Plant To Become $10B Gas-Powered Data Campus
A developer and construction firm announced plans Wednesday to turn what was once the country's largest coal-fired power plant, located in Homer City, Pennsylvania, into a natural gas power plant and adjoining data center campus.
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April 02, 2025
Trump Unveils New Tariffs On Dozens Of Countries
President Donald Trump announced sweeping tariffs on major trading partners Wednesday, including a 10% rate on all goods entering the U.S. to take effect later this week, in a "declaration of economic independence" he says will jump-start domestic industry and production.
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April 02, 2025
New EB-5 Investors Rushing In Amid 'Gold Card' Uncertainty
Questions about the future of the EB-5 visa program have ushered in a "rush" of investors amid concerns that the minimum investment threshold could rise roughly five-fold under the Trump administration's so-called Gold Card program.
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April 02, 2025
Calif. Tribe Sues After DOI Rescinds $700M Casino Eligibility
The U.S. Department of the Interior's sudden decision to rescind gambling eligibility for a $700 million tribal casino-resort project violates the California tribe's due process rights and is an overreach of the agency's authority, the tribe told a D.C. federal judge in a new lawsuit.
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April 02, 2025
2 Firms Rep $108M NYC Condo Loans
The owner of a luxury mixed-use condominium in the Brooklyn borough of New York borrowed two loans worth more than $108 million combined in separate deals guided by King & Spalding LLP and Brownstein Hyatt Farber Schreck LLP, according to official property records.
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April 02, 2025
PGIM Closes Global Data Center Fund With $2B
PGIM Real Estate closed its data center fund after raising $2 billion "from a range of global investors," the real estate investment manager announced Wednesday.
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April 02, 2025
Judge Clears Path For $200M Boston Soccer Stadium Project
A Massachusetts judge on Wednesday rejected the final surviving claims by an advocacy group challenging the construction of a professional women's soccer stadium inside a historic Boston park, paving the way for the $200 million project to move forward.
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April 02, 2025
Mo. Court Finds Ambiguity Could Permit Virus Coverage
A vacation rental company may be entitled to coverage for pandemic-related losses from one insurer, a Missouri intermediate appellate court held, finding that an exception conflicting with an exclusion created ambiguity in favor of the insured, while upholding no-coverage rulings pertaining to other insurers.
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April 02, 2025
Healthcare REIT Lands $140M Senior Living Mortgage Loan
Diversified Healthcare Trust borrowed a three-year, nonrecourse $140 million loan secured by a portfolio of senior living communities, the healthcare-focused real estate investment trust announced.
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April 02, 2025
Tokenization Exec Sees Ample Possibilities For Real Estate
Small and large investors who seek exposure to real estate via fractional purchases are broadening their scope to include less-common asset classes, the founder of tokenization platform EstateX told Law360 Real Estate Authority in a recent interview.
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April 02, 2025
Eric Adams Case Dismissed As Judge Rebukes DOJ 'Bargain'
A Manhattan federal judge on Wednesday permanently dismissed corruption charges against New York City Mayor Eric Adams, heeding advice from court-appointed counsel Paul Clement even as he gave credence to district prosecutors' claims of a quid pro quo between Adams and Trump administration officials in the Justice Department.
Expert Analysis
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How Lease Obligations Can Affect Subchapter V Debt Cap
Two recent bankruptcy rulings in the Eastern District of Virginia and the Southern District of New York take opposite positions on whether unmatured lease obligations are considered noncontingent debt for the purposes of calculating debtors' Subchapter V eligibility, say Joseph Orbach and Henry Thomas at Thompson Coburn.
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Trends That Will Shape The Construction Industry In 2024
Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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NY CRE Lenders Need Clarity On Foreclosure Standing
Recent contradictory New York case law regarding issues of standing in commercial real estate litigation creates confusion for borrowers and lenders alike, and should be addressed by courts in advance of the anticipated onslaught of commercial mortgage-backed securities foreclosures, say Christopher Gorman and John Muldoon at Rosenberg & Estis.
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Adjusting Deals To Reflect Shifts In The CRE Market
As the commercial real estate market strengthens and moves out from a challenging time, industry participants should consider any concessions made due to recent trends and update transaction documents accordingly before entering into new deals, says Alexander Davis at Mayer Brown.
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4 International Arbitration Trends To Monitor In 2024
Global growth slowed substantially in 2023, and may continue into 2024 due to geopolitical instability, which could fuel four key trends in international arbitration in the coming year, including investor-state and commercial arbitration, an increase in arbitration out of China, and more, say Gregory Litt and Sharmistha Chakrabarti at Skadden.
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How DOI Aims To Modernize Resource Damage Assessments
The U.S. Department of the Interior's recent proposal to redesign its Type A rule for conducting natural resource damage assessment and restoration activities could lead to a more streamlined, flexible assessment process that would benefit both natural resource trustees and potentially responsible parties, says Brian Ferrasci-O'Malley at Nossaman.
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Key Issues When Navigating A Tenant's Bankruptcy
In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.
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The Year Ahead In Foreign Investment And National Security
In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.
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Sale-Leasebacks May Provide A Safe Financing Alternative
Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.
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5 Recent Developments Family Offices Are Watching In 2024
Although family offices have long been exempt from many of the more onerous regulations and reporting requirements governing U.S. investment advisers and asset managers, recent amendments to federal rules will have an impact on how family offices invest and operate in 2024, say attorneys at Morgan Lewis.
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A Challenging CRE Environment Holds Opportunities In 2024
As the commercial real estate market faces reduced occupancy levels and rising financing costs, the new landscape will be favorable to those who can leverage capital, strategic vision and expertise to meet challenges like taking on distressed properties and converting office space to residential use, say Nesa Amamoo and Vered Rabia at Skadden.
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What The 2023 Bank Failures Taught Us, And What's To Come
As 2023 draws to a close, it's apparent that the bank failures this past spring sparked a seismic shift in the regulatory and supervisory landscape for banking organizations, and the consequences are still continuing to be felt throughout the financial sector as we head into 2024, say attorneys at Morgan Lewis.
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A Difficult Year For CRE, But Future May Be Brighter
2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.