Commercial
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February 05, 2025
Proskauer Fights Another DQ Bid In NJ Hospital Antitrust Suit
A New Jersey federal magistrate judge was right to allow Proskauer Rose LLP to continue as counsel for RWJBarnabas Health Inc. since the firm's prior advice to CarePoint Health on its use of COVID-19 relief funds is unrelated to the antitrust lawsuit currently playing out between the two companies, according to the firm.
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February 05, 2025
Modern CRE Finance Asks More Of Real Estate Practices
Dramatic shifts are happening in the way commercial real estate is financed. Transactions have gotten “faster, larger and more complicated,” in the words of one attorney, and real estate practices have had to adapt to an evolving sector.
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February 04, 2025
Watchdog Says Site Selection For New FBI Building Flawed
A U.S. General Services Administration watchdog found that the GSA's contentious process for determining the site for a new FBI headquarters involved several flaws that made it difficult for site selection officials to accurately decide between proposed locations.
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February 04, 2025
Sonesta Plans $850M Hotel-Condo Tower In Miami
Sonesta International Hotels Corp. has entered into an agreement with a group of Florida developers to build an 82-story tower to house The James Hotel & Residences Downtown Miami, according to the hospitality chain.
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February 04, 2025
Fed. Circ. Says Gov't Properly Ended USCIS Lease After Flood
The Federal Circuit ruled Tuesday that the federal government reasonably terminated a lease for a U.S. Citizenship and Immigration Services field office because of water damage, saying the lease allowed the government to determine when the office was untenantable.
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February 04, 2025
KKR's Data Center Confidence Unshaken By DeepSeek
A KKR & Co. Inc. executive on Tuesday touted the firm's digital infrastructure investment strategy, while acknowledging that the emergence of competing Chinese artificial intelligence raises some questions about data center demand going forward.
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February 04, 2025
Wash. Gov. Orders Look At Data Centers' Tax Revenue Impact
Washington's governor issued an executive order directing the state's Department of Revenue to create a work group to examine the impact of data centers on the state's tax revenue and economy and recommend policies to address tax revenue needs in relation to other priorities.
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February 04, 2025
Healthcare REIT Closes $159M Life Sciences Campus Sale
Diversified Healthcare Trust sold off a three-building life sciences campus in San Diego for $159 million as the healthcare-focused REIT looks to pay down debt.
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February 04, 2025
Honigman Builds Up RE Team With Miles & Stockbridge Atty
Honigman LLP hired a former Miles & Stockbridge PC environmental and energy principal for its real estate services practice group, marking the firm's fourth addition to its Washington, D.C., office in recent months.
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February 04, 2025
Jones Foster Adds Former RE Development Co. Leader In Fla.
Florida law firm Jones Foster announced Monday that it added a former president and CEO of a real estate development company to its land use and governmental practice group in West Palm Beach.
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February 04, 2025
NY Assembly Bill Seeks Tax Exemption For Radio Signal Gear
New York would establish a property tax exemption for equipment used for the transmission or switching of radio signals to provide commercial mobile radio service or mobile internet access service under a bill introduced in the state Assembly.
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February 04, 2025
Real Estate Lawyers On The Move
Morgan Lewis, Holland & Hart and Bryan Cave are among the law firms that have made recent real estate or construction hires.
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February 03, 2025
Ruling Boosts Claims In Ill. Tribal Casino Row, 7th Circ. Told
A proposed tribal casino in the Illinois city of Waukegan has told the Seventh Circuit that a recent Illinois Supreme Court ruling in a related case shows the city is responsible for a constitutional injury against the casino as it presses a case claiming intentional discrimination.
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February 03, 2025
DOJ's LA Fitness ADA Suit May Be 'Inadequate,' Judge Says
A California federal judge expressed doubts Monday about the U.S. Department of Justice's lawsuit alleging that LA Fitness failed to accommodate patrons with disabilities and said the court so far finds the pleadings to be "inadequate" in arguing there is a "pattern and practice" of discrimination.
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February 03, 2025
Conn. City Wants Cannabis Facility Zoning Challenge Axed
The city of Stamford, Connecticut, on Monday asked a state trial court judge to dismiss a citizen lawsuit challenging its zoning board's approval of a cannabis dispensary on the city's eastern municipal line, arguing the group and its members lack standing to sue for four reasons.
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February 03, 2025
McGuireWoods Nabs Chicago CRE Partner From Ice Miller
McGuireWoods LLP announced Monday that the firm has added a commercial real estate lawyer from Ice Miller LLP, adding that the lateral partner hire has been tapped to lead the firm's real estate initiatives in Chicago and across the Midwest.
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February 03, 2025
Ill. Bill Seeks Tax Break For Megaproject Building Materials
Illinois would provide an exemption from any state or local use tax or retailers occupation tax for building materials incorporated into real estate at what are known as megaproject sites as part of a bill filed in the state House of Representatives.
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February 03, 2025
Sotomayor Clears Path For Retrial In Landmark Graft Case
U.S. Supreme Court Justice Sonia Sotomayor lifted a temporary pause Monday on a public corruption case that resulted in a landmark 2023 decision eliminating the right-to-control theory of fraud, clearing the way for a retrial on a traditional theory of property fraud.
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February 03, 2025
NYC Mayor Unveils Office Relocation Incentive Plan
Mayor Eric Adams debuted a plan on Monday to bolster New York City's still-faltering office market, including programs to incentivize relocations by out-of-state companies and incentives for property owners who upgrade outdated office space.
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February 03, 2025
NYC Real Estate Week In Review
Cole Schotz and Lazar Grunsfeld are among the law firms that guided the largest New York City real estate deals that became public last week, a period that saw several Manhattan residential unit trades hit records.
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February 03, 2025
Relief In Tribal Casino Fight Would Be Uncommon, Court Told
An Oregon tribe at the center of a dispute over the federal government's decision to approve a land-into-trust application for the state's first off-reservation casino says any attempt to void the process is moot, telling a federal court that an unfavorable ruling in the case would be unprecedented.
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February 03, 2025
Cushman Worker Can Sue For Late Payments, NY Judge Says
A former Cushman & Wakefield employee can proceed with claims that the real estate services firm flouted New York's pay deadlines, a federal judge ruled, saying the worker has the right to pursue those allegations under state law.
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February 03, 2025
Heitman Caps $806M Real Estate Debt Fund
Investment management firm Heitman said Monday it has closed its latest real estate debt fund at $806 million, beating its fundraising target, and plans to capitalize on a growing demand for financing.
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February 03, 2025
Studio Used By Apple, Pop Stars Says Noise Forced Move
A Boston music and sound production company whose clients have included Apple, NBC Universal, Disney and pop group New Kids on the Block says its former landlord should cover the cost of lost business and moving to a quieter location after construction noise disrupted dozens of sessions.
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February 03, 2025
Hyatt Extends Talks About Possible Playa Hotels Buy
Playa Hotels & Resorts NV and Hyatt Hotels Corp. announced Monday that the two companies are still in talks about a potential acquisition, noting that the duo have extended an exclusivity agreement to Feb. 10.
Expert Analysis
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How Landlords Can Navigate Cannabis-Related Leases
As the cannabis industry continues to rapidly grow, landlords should consider a variety of lease terms and operational details that may help mitigate uncertainty involving federal laws, zoning restrictions and tax implications, says Kyla Baker at Holland & Knight.
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Lights, Camera, Real Estate: Preparing For Film Facility M&A
As the entertainment industry struggles to recover from multiple strikes and a decline in production, certain aspects of selling or acquiring production facilities may become important to consider, as these assets are valued very differently from typical commercial real estate properties, say attorneys at Olshan Frome.
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Corporate Liability Issues To Watch In High Court TM Case
The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
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What Interest Rate Cuts Mean For Housing Markets
The Federal Reserve's recent reduction of interest rates may provide limited immediate relief for real estate sectors, but offers potential opportunities for commercial real estate investors and construction firms, which now face an environment ripe for new projects, say attorneys at Cozen O'Connor.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Foreclosing Lenders Still Floating In Murky Legal Waters In NY
The New York foreclosure landscape remains in disarray after the state's highest court last month declined to weigh in on whether legal changes from 2022 that severely curtailed lenders' ability to bring successive foreclosure cases were retroactive, says Brian Rich at Barclay Damon.
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NYC Hotel Licensing Law's Costs May Outweigh Its Benefits
A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.
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Calif. Ruling Offers Hope For Mitigated Negative Declarations
In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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How To Avoid A Costly CPA Limitation Hidden In Most Leases
The lease audit rights clause is a seemingly innocuous provision in most commercial real estate leases that ends up costing tenants millions of dollars each year, as they have unwittingly agreed to retain only an accountant to investigate and settle financial issues, says Jason Aster at KBA Lease Services.