Real Estate

  • November 21, 2019

    Trump Not Immune From Investigation, Vance Tells High Court

    President Donald Trump isn’t immune from an investigation into acts he committed while a private citizen, New York County District Attorney Cyrus Vance told the Supreme Court on Thursday, disputing Trump’s attempts to quash a subpoena for his tax returns.

  • November 21, 2019

    Judge Kills Oil Industry Group's Calif. Oil Spill Claims

    A California federal judge said a group of individuals and businesses in the oil industry didn't have the required "special relationship" with Plains All American Pipeline LP that would allow them to pursue negligence claims against the company stemming from a 2015 oil spill.

  • November 21, 2019

    Real Estate Rumors: Michael Shvo, Pepsi, MG3

    A Michael Shvo venture is reportedly on the hunt for as much as $600 million in refinancing for the Coca-Cola building in Manhattan, Pepsi is said to have leased 192,000 square feet in Chicago, and MG3 Developer Group has reportedly dropped $32.65 million on two Florida office buildings.

  • November 21, 2019

    Union Fund Gets Green Light To Expand Ocwen ERISA Suit

    A union pension fund’s trustees can add to their ERISA lawsuit accusing Ocwen Financial Corp. of profiting off the 2000s financial crisis by pushing homeowners into foreclosure, a New York federal judge ruled Thursday.

  • November 21, 2019

    Apartments Seller Wins Toss Of 'Bogus' Overpayment Suit

    A Houston company accused of inflating the occupancy rate of an apartment complex it sold has won dismissal and attorney fees in what it called a "bogus" suit from the buyer that claimed it overpaid by $4 million.

  • November 21, 2019

    Mortgage Fraudster Sees Sentence Reduced By 2 Years

    An Illinois federal judge cut a mortgage fraud scheme leader's prison sentence from 12 years to 10 years on Thursday after the Seventh Circuit ordered that he be resentenced in light of miscalculations over how much money he should repay lenders.

  • November 21, 2019

    REIT Acquires Brookfield Warehouse Operator For $253M

    Americold Realty Trust, a REIT focused on temperature-controlled warehouses, said Thursday it has agreed to acquire the Canadian warehouse operator Nova Cold Logistics from Brookfield Business Partners in a deal worth CA$337 million ($253 million).

  • November 21, 2019

    Texas Court Won't Revisit Fight Over Injection Well Permit

    A Texas appeals court declined to revisit a split decision that upheld a state environmental regulator’s approval of an individual waste disposal facility despite concerns raised late in the process by Texas energy regulators about the project's impacts on nearby oil and gas deposits.

  • November 21, 2019

    NJ Developer Can't Revive Housing Project In Zoning Suit

    A developer fell short Thursday in trying to revive its bid to construct multi-family housing in a single-family zone in Paramus, New Jersey, after a state appeals court said the company failed to show the project had to be built at that particular site.

  • November 21, 2019

    Tribes Ruled Immune From Countersuit In Mont. Land Dispute

    A Montana county and a local landowner cannot countersue the Confederated Salish and Kootenai Tribes in a land access dispute because the tribes have sovereign immunity, a Montana federal judge has ruled.

  • November 21, 2019

    Jury Says Ore. Owes Counties $1B For Lost Forest Income

    An Oregon state jury on Wednesday awarded $1 billion to 14 counties and more than 100 other government entities that alleged the state has failed to extract the maximum monetary value from forests in their jurisdictions, a portion of which goes to the local governments.

  • November 21, 2019

    Investcorp Makes $800M Play For 126 Industrial Properties

    Investcorp on Thursday unveiled an $800 million deal for a portfolio of 126 industrial properties that span five states, marking just the latest real estate investment for the firm. 

  • November 20, 2019

    Pot, Ride-Hailing Taxes Advanced By Chicago City Council

    Plans for increased fees for ride-hailing companies, increased taxes on cloud computing and real estate and new taxes on cannabis in Chicago were advanced Wednesday by the City Council, teeing up the budget package for a final vote next week.

  • November 20, 2019

    Ill. Justices Urged To Rule Against 'Picked Off' Class Claims

    Two tenants seeking to recover security deposit interest urged Illinois’ high court Wednesday to revive their lawsuit against their former landlord, saying a recent U.S. Supreme Court finding overrules state court precedent that a class action can be dismissed if a settlement is tendered before a certification motion is filed.

  • November 20, 2019

    TPG Co. Drops $71.3M On Atlanta-Area Business Park

    A company owned by TPG Real Estate has purchased a 981,720-square-foot industrial and business park in Georgia from Sperry Equities for $71.25 million, according to an announcement on Wednesday from Sperry’s broker Jones Lang LaSalle.

  • November 20, 2019

    Real Estate Rumors: Blackstone, Federal Realty, Argentic

    Blackstone has reportedly leased out about 110,000 square feet in Illinois to Bosch, Federal Realty Investment Trust is said to have paid $85 million for a Brooklyn shopping center, and Argentic has reportedly loaned $30.5 million for properties in Brooklyn and Queens.

  • November 20, 2019

    Woodbridge Ch. 11 Trustee OK'd For Shapiro Prison Interview

    A Delaware bankruptcy judge on Wednesday approved efforts to conduct an in-prison interview of convicted $1.3 billion Ponzi-scheme architect Robert Shapiro by a liquidating trustee pursuing assets for the estate of Shapiro's plundered Woodbridge Group of Cos.

  • November 20, 2019

    Freddie, Fannie Bond Buyers Seek Cert. In Price-Rigging Suit

    Days after announcing a third settlement in the litigation, buyers of Fannie Mae and Freddie Mac bonds asked a New York federal judge for class certification in their antitrust suit against Bank of America, JPMorgan and other banking behemoths.

  • November 20, 2019

    Singapore Court Denies Slot Club Investor's $200M Award

    A Singapore appellate court has reversed a lower court's decision that favored a $200 million arbitral award to an investment firm following a dispute over a slot gambling club, saying the award can’t be enforced because the parties did not choose the seat of arbitration.

  • November 20, 2019

    NJ Builder Wins Bid To Halt Deal Amid Redevelopment Push

    The New Jersey state appeals court affirmed a win for a shopping center developer seeking to delay the real estate closing date for the project, ruling Wednesday that governmental red tape and a pending lawsuit justified pausing the sales contract.

  • November 20, 2019

    Flooring Cos. Accused Of Subverting $5M Biz Relationship

    A pair of construction subcontractors caused flooring and materials company Phipps & Co. to miss out on $5 million by subverting Phipps' relationship with The Related Companies, Phipps has told a New York state court.

  • November 20, 2019

    House Panel Has No Right To Trump's Tax Info, Court Told

    A House of Representatives committee doesn’t have the right to procure six years’ worth of President Donald Trump’s tax return information from the U.S. Department of the Treasury, the department has told a D.C. federal court. 

  • November 19, 2019

    No Damages For Landlord In Fight Over Pot-Growing Leases

    A jury in California’s Monterey County has delivered a verdict in a complex real estate dispute arising from a California commercial park’s sudden termination of leases with a tenant that subleased space to marijuana growers, finding the commercial park liable for breach of contract but awarding no damages.

  • November 19, 2019

    Fla. Gov. Pitches $91.4B Budget With Sales Tax Holidays

    Florida would have two sales and use tax holidays in 2020 and would enact property tax relief under a $91.4 billion budget that the governor has proposed.

  • November 19, 2019

    Real Estate Rumors: Munich RE, Lululemon, Investors Bank

    Munich RE is reportedly paying between $850 million and $900 million for a Manhattan office tower, Lululemon is said to have sold a Boston building for more than $7 million, and Investors Bank has reportedly loaned $30 million for a Pennsylvania retail center.

Expert Analysis

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • Evaluating Section 230 Liability In The Sharing Economy

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    Marketing and economic theories provide an array of theoretical and empirical tools to examine the evidence and assist triers of fact in determining causal issues related to an internet platform’s liability for its users' conduct under Section 230 of the Communications Decency Act, a key question in recent actions against websites, say consultants at Analysis Group and attorneys at Wheeler Trigg.

  • 2 Reports Raise Real Estate Concerns For Franchisors

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    For franchise systems built on physical locations, real estate inevitably becomes a vital concern that franchisers must pay close attention to, as demonstrated by two recent events, says Terrence Dunn of Einbinder & Dunn.

  • How A New Law Affects Texas Wind Farm Leases

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    Wind energy developers should note that a new Texas law, imposing specific obligations on them related to the removal of wind projects, contains financial assurance provisions that are more landowner-centric than project-centric, says Madison Benedict at Husch Blackwell.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • 2nd Circ.'s Seminal Rejection Of FCPA Conviction Challenge

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    With United States v. Seng, the Second Circuit became the first federal appellate court to reject a challenge — per the Supreme Court's decision in McDonnell v. United States — to a Foreign Corrupt Practices Act conviction, sending an important message to companies attempting to comply with the expansive anti-bribery provisions of the FCPA, say attorneys at Nixon Peabody.

  • Arbitration Options For Calif. Employers After A Case Begins

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    Despite a California state appeals court's decision in Quiroz Franco v. Greystone Ridge that an employee’s arbitration agreement was valid even though it was signed after the case was filed, employers should still proceed cautiously when crafting arbitration language, say Tina Tellado and Deisy Castro at Holland & Knight.

  • 6 Pitfalls Of California Commercial Cannabis Leases

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    Even though many of the provisions from a boilerplate commercial lease will certainly make it into a custom cannabis lease, every clause must be reviewed with an eye to federal-state conflict issues, says Hilary Bricken of Harris Bricken.

  • Superfund Redevelopment At 20: Continuing Challenges

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    Even as the U.S. Environmental Protection Agency's Superfund Redevelopment Initiative celebrates its 20th anniversary, two key barriers to success remain, and are unlikely to change — the program’s chronic underfunding and the statute’s unforgiving liability scheme, says Linda Larson of Nossaman.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • 2 Insurance Coverage Issues Raised By Cyber Warfare

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    As politics and cyberrisks become increasingly intertwined, policyholders and insurers alike would benefit from more certainty in relation to the cyber insurance war exclusion, and from more options in the market that would cover a cyberattack on the U.S. power grid, says Thomas Hunt of Robert M. Currey & Associates.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • When A Click Doesn't Count As Arbitration Acceptance

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    The Eighth Circuit's recent denial of an employer’s request to force arbitration in Shockley v. PrimeLending teaches employers important lessons about how courts will interpret concepts like “agreements” when the employer’s personnel documents are electronically stored and contain automated acceptances, says Michele Brott at Davis Brown.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

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