Commercial
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June 06, 2025
LA Fitness Beats DOJ's ADA Suit, For Now
A California federal judge tossed the U.S. Department of Justice's lawsuit Friday alleging LA Fitness did not accommodate disabled patrons, ruling the government failed to allege a pattern or practice of discrimination or put the gym chain on notice of claims the attorney general determined are of public importance.
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June 06, 2025
Wyo. Landowners' Attys Score $5M From Anadarko Deal
A Wyoming federal judge awarded more than $5 million in attorney fees and expenses Friday to attorneys for a class of landowners that accused an oil extraction company of hoarding permits to block oil and gas projects.
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June 06, 2025
Willkie Atty's Ex-Landlord Says NY Post Leak Wasn't His Idea
A Willkie Farr & Gallagher LLP partner's onetime landlord asked for a pretrial victory in a federal feud with his former tenants, telling a Connecticut court Friday he did not participate in his ex-attorney's leak of unflattering allegations about A. Mark Getachew and his wife to the New York Post.
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June 06, 2025
Judge Skeptical Of Changes To Sticky's Chicken Ch. 11 Plan
A New York bankruptcy judge expressed concerns Friday about the scope of modifications that Sticky's, a popular chicken restaurant chain, made to its already-confirmed Chapter 11 plan once it found a buyer that would avoid a liquidation, saying she expects to call the parties back Monday to share her decision on the new version.
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June 06, 2025
Orthodox Family Files $50M Bias Suit Against Country Club
An Orthodox Jewish family has filed a $50 million lawsuit against a Boca Raton, Florida, country club for allegedly suspending them after the father posted a viral social media video of him helping an Instagram personality wrap tefillin — a traditional Jewish prayer ritual — on the golf course.
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June 06, 2025
NJ Panel Revives Contract Row Between Pot Co., Landlord
A New Jersey state appeals court on Friday revived a Paterson property owner's suit against a would-be dispensary and its principals alleging they broke a deal to share profits from the dispensary, finding that the trial court wrongly conflated the contract's requirement for local approval with a cannabis license.
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June 06, 2025
11th Circ. Limits Easement Tax Break Tied To Failed Project
A Georgia partnership that formed after the failure of a resort development and donated a conservation easement in exchange for a tax break cannot take an $8.9 million deduction for the property's fair market value because the land was considered inventory, the Eleventh Circuit said Friday.
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June 06, 2025
LA Fire Victims Say AAA, USAA Left Many Unable To Rebuild
California homeowners accused AAA and USAA of systematically undervaluing the replacement cost of their homes all while advertising adequate coverage and financial security, telling a state court that many cannot now afford to replace or rebuild their homes following the wildfires in Los Angeles earlier this year.
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June 06, 2025
Husch Blackwell Adds 2nd Real Estate Partner In A Month
Husch Blackwell LLP hired a Cozen O'Connor shareholder as real estate partner for its real estate, development and construction team in its Dallas and Minneapolis offices, making this the firm's second real estate partner hiring since May, the firm announced.
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June 06, 2025
Bilzin Sumberg Guides $21M Miami Opportunity Zone Sale
Bilzin Sumberg Baena Price & Axelrod LLP advised Malaysian gaming company Genting Group on the $21 million sale of a downtown Miami development site to an opportunity zone fund from two real estate attorneys.
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June 06, 2025
Greenberg Traurig Adds Clifford Chance Private Funds Atty
Greenberg Traurig LLP said Friday that it has added Daniel F. Rayner to its corporate private funds group from Clifford Chance LLP.
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June 06, 2025
Conn. Appeals Court OKs Tax Penalty For Late Rental Form
The owner of a Connecticut commercial property was correctly charged a tax penalty for failing to submit a form disclosing rental income on time, a state appeals court said Friday.
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June 06, 2025
Taxation With Representation: Winston, Stibbe, Weil, Goodwin
In this week's Taxation With Representation, Chart Industries Inc. and Flowserve Corp. merge, Aedifica NV and Cofinimmo NV unite, Sanofi buys Blueprint Medicines Corp., and Kimberly-Clark Corp. sells a majority stake in its international tissue business to Suzano.
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June 06, 2025
Fox Rothschild Settles Suit Over $3M Real Estate Deal
Fox Rothschild LLP has settled a Colorado real estate investor's legal malpractice lawsuit over a $3 million development deal that went wrong, according to a new order filed in state court directing the parties to file for dismissal within a month.
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June 06, 2025
PE Firms Are Top Opportunity Zone Investors, Report Finds
A group tracking private equity activity said each of the 15 largest investors in the federal opportunity zone program are private equity firms, with Salt Lake City, Utah-based Bridge Investment Holdings topping the list with $3.7 billion in opportunity zone funds.
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June 06, 2025
Vornado Lands $675M Refi For Manhattan Apartment Complex
A Vornado Realty Trust joint venture obtained a five-year $675 million loan that refinances a 1,328-unit Manhattan apartment complex in the borough's Tribeca neighborhood, the company announced.
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June 05, 2025
Hotel Sector Gauges Headwinds As Busy Season Begins
As we approach the midpoint of 2025 and the start of the summer travel season, hotel owners, operators and investors are closely watching international travel, the president's trade policies and the Federal Reserve.
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June 05, 2025
Colliers Says Hotel Sector Recovery May Face 2025 Setback
Commercial broker Colliers said the U.S. hospitality sector stands at a crossroads following a recovery from the pandemic, with upscale properties showing resilience as lower-tier hotels demonstrate signs of struggle.
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June 05, 2025
Clark Hill Adds Morris Manning Real Estate Ace In Atlanta
A former Morris Manning & Martin LLP real estate partner is the latest attorney this year to join Clark Hill PLC and help grow an Atlanta office that opened nearly a year ago, the firm announced Wednesday.
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June 05, 2025
Shumaker Brings On RE Partner In Fla. From Johnson Pope
Shumaker Loop & Kendrick LLP announced Thursday that it's continuing its Sunshine State hiring spree with a new partner to its real estate, construction and development service line in St. Petersburg, Florida, from Johnson Pope Bokor Ruppel & Burns LLP.
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June 05, 2025
Chicago Fire Pitch $650M Arena For Vacant South Loop Site
The Chicago Fire soccer team has announced plans to build a $650 million stadium on a long-vacant site in the South Loop that was recently eyed for a new baseball stadium.
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June 04, 2025
States Take Aim At Healthcare REITs
State lawmakers seeking to curb healthcare investment models they see as harmful to patients have sharpened their focus on real estate investment trusts, putting forth bills to restrict their ownership of healthcare real estate or increase oversight of such transactions.
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June 04, 2025
Hospitality Law Leaders Parse Trade War Fallout
In this weekly Q&A series from Law360 Real Estate Authority, law firm hospitality leaders assess the issues the hotel space is facing amid market uncertainty and the ongoing trade war.
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June 04, 2025
NC Mall Owner Fails To Boost $1K Water Damage Award
A North Carolina mall property owner lost its bid to increase a paltry water damage award when a state appellate panel ruled Wednesday that the landlord failed to show sufficient evidence of damage from a neighboring property's stormwater runoff.
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June 04, 2025
Calif. Hotel Operator Seeks To Triple DIP In Ch. 11 To $19.5M
California hotel operator MOM CA Investco LLC asked a Delaware bankruptcy judge to increase its Chapter 11 financing by $14.5 million, up from the $5 million that has already been approved.
Expert Analysis
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Payment Provision Lessons From NJ Construction Ruling
A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.
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A Legal Playbook For Stadium Construction Agreements
As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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How FinCEN Proposal Expands RE Transaction Obligations
Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.
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Unpacking FinCEN's Proposed Real Estate Transaction Rule
Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.
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New FinCEN Guide Provides Useful BOI Context For Banks
Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.
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DC's Housing Tax Break Proposal: What's In It, What's Missing
Proposed Washington, D.C., rules implementing the Housing in Downtown Tax Abatement program — for commercial property owners who convert properties into residential housing — thoroughly explain the process for submitting an application, but do not provide sufficient detail regarding the actual dollar value of the abatements, says Daniel Miktus at Akerman.
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Contract Disputes Recap: The Terms Matter
Stephanie Magnell and Zachary Jacobson at Seyfarth examine recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, which offer reminders about the importance of including contract terms to address the unexpected circumstances that may interfere with performance.
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Reducing Carbon Footprint Requires A Tricky Path For CRE
As real estate owners find themselves caught between rapidly evolving environmental, social and governance initiatives and complicated societal debate, they will need to carefully establish formal plans to remain both competitive and compliant, say Michael Kuhn and Mahira Khan at Jackson Walker.
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New CMS Rule Will Change Nursing Facility Disclosures
A new rule from the Centers for Medicare & Medicaid Services significantly expands disclosure requirements for nursing facilities backed by private equity companies or real estate investment trusts, likely foreshadowing increased oversight that could include more targeted audits, say Janice Davis and Christopher Ronne at Morgan Lewis.
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What Shareholder Approval Rule Changes Mean For Cos.
The U.S. Securities and Exchange Commission recently approved proposed rule changes to shareholder requirements by the New York Stock Exchange, an approval that will benefit listed companies in many ways, including by making it easier to raise capital from passive investors, say attorneys at Baker Botts.
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White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'
Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.
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ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.