Commercial
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May 12, 2025
Bradley Arant Faces DQ Bid In Georgia Mall Rent Dispute
A mall has urged a Georgia federal judge to disqualify Bradley Arant Boult Cummings LLP from representing a tenant in an unpaid rent dispute, arguing that the law firm has a conflict of interest because it has represented the mall's sister corporation in similar litigation.
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May 12, 2025
Blackstone, King Street-Backed Firm Close $925M Debt Fund
Colovore, an artificial intelligence data center operator backed by investment firm King Street Capital Management, said Monday that it has raised $925 million in financing from Blackstone funds for new development projects.
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May 12, 2025
Blackstone Gets More Time For Warehouse REIT Offer
Britain's mergers and acquisitions watchdog has handed the U.S. private equity shop Blackstone more time to make a firm offer for Warehouse REIT, the U.K. company said Monday, after Blackstone reduced its £489 million ($646 million) price tag for the real estate investor.
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May 09, 2025
NY Developer Denied More Time To Pay SEC $229M Settlement
A New York federal judge denied a motion by a real estate developer and his wife to extend the deadline for a $229.6 million payment required under a consent judgment with the SEC to settle claims they had schemed to raise money from hundreds of Chinese investors using false statements.
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May 09, 2025
New Orleans Wants Out Of Airbnb's Short-Term Rentals Suit
New Orleans urged a Louisiana federal court on Friday to toss a suit brought by Airbnb Inc. and multiple property owners challenging several of the city's short-term rental ordinances.
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May 09, 2025
Vanbarton Plans Resi Conversion Of NYC Catholic Office
Real estate firm Vanbarton Group has submitted plans for a residential conversion of the Archdiocese of New York's former Midtown East headquarters building, according to documents filed this week.
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May 09, 2025
Invcesco REIT Closes First CRE-CLO Fund With $1.2B
An Invesco real estate investment trust said Friday that it closed its first commercial real estate collateralized loan obligation at $1.2 billion, secured by a mix of multifamily and industrial loans.
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May 09, 2025
Seritage Shareholder Sues Over $325M Portfolio Value Loss
The current and former leadership of Seritage Growth Properties was hit with a derivative shareholder suit in New York federal court, alleging the real estate company's executives caused Seritage's stock value to drop by failing to fix deficient financial reporting and devaluing its portfolio by $325 million.
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May 09, 2025
NY Developer Cops To Stealing $13M From Investors
A real estate developer pled guilty in New York federal court Friday to using sham projects to solicit $13 million from investors to make up for a downturn in legitimate business.
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May 09, 2025
Lucosky Brookman Faces Malpractice Suit Over NYC Site Sale
Lucosky Brookman LLP, a boutique corporate finance and securities firm, was hit with a malpractice suit in New Jersey state court by a former client alleging the firm failed to warn it about a decades-old agreement that would restrict its ability to build on a New York City site.
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May 09, 2025
Shutts & Bowen Eyes Sanctions Over Country Club Sale Suit
Florida firm Shutts & Bowen LLP is continuing its pushback against a real estate corporation's malpractice lawsuit alleging it sank the sale of a country club, this time serving a motion for sanctions in the state court.
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May 09, 2025
Condo Counsel Disqualified In Suit Against Miami Hotel Owner
A Miami judge disqualified a law firm from representing a condo association in claims against a hotel owned by Spanish billionaire Amancio Ortega due to the firm's work for the hotel on an unrelated case.
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May 09, 2025
Minn. Court Increases Prior Valuation Of Parking Lot By $900K
The Minnesota Tax Court increased the market valuation of a parking lot by $900,000 after reopening the record and adjusting the reversion rate to reflect the record, resulting in a slightly higher valuation.Â
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May 09, 2025
CoStar To Buy Australian PropTech Co. In $1.9B Deal
Commercial real estate analytics provider CoStar Group announced its plans to buy Australian proptech company Domain Holdings Australia Ltd., wrapping up a deal guided by Gilbert + Tobin that values the company at nearly 3 billion Australian dollars ($1.9 billion) in total.
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May 08, 2025
Ex-Brookfield Leader Says He Was Fired For Whistleblowing
A former managing partner at Brookfield Asset Management lobbed wrongful termination and defamation claims at his former employer Thursday, claiming that he was fired for refusing to accept a bribe and for filing a whistleblower complaint with the U.S. Securities and Exchange Commission.
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May 08, 2025
CEO Stole Funds To Fuel 'Gambling Habit', Investor Says
An investor in a cybersecurity company has claimed in a new suit that the company's CEO defrauded the investor out of more than $2.8 million through falsified budgets and other means, all to support a "lavish" lifestyle and "severe gambling habit."
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May 08, 2025
Pa. Diner Can't Get Tax Sale Axed Over Price Hike, Panel Says
A diner in a resort in Pennsylvania's Pocono Mountains can't duck a tax sale over the final sale price of the diner property being higher than originally advertised, a state appellate panel said in a precedential ruling Thursday.
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May 08, 2025
Bain, Oliver Street Pick Up $208M Industrial Portfolio
A joint venture between Bain Capital Real Estate and Oliver Street Capital completed a $208 million "private, off-market" deal to acquire a portfolio of Northern New Jersey industrial properties, according to a May 8 announcement.
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May 08, 2025
Miami Atty Joins Arbitration Place After US Expansion
A Miami attorney has joined the roster of decision-makers at Arbitration Place tasked with helping settle international legal disputes out of court following the company's recent expansion to the U.S.
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May 08, 2025
Coverage Uncertain For LA Fire Soil Remediation, Pros SayÂ
Dangerous toxins are being detected in the soil around homes affected by the Los Angeles fires, but experts say that insurance coverage for soil remediation would likely be limited, even if certain policies or provisions could offer some compensation.
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May 08, 2025
NC Ophthalmologist Owes Ex-Partner Office Building Cash
The North Carolina Business Court has ruled that an ophthalmologist who agreed to buy out his former business partner's share of their practice must pay the former partner 36% of the value of their office building under the terms of their confidential settlement agreement.
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May 08, 2025
11th Circ. Judge Frowns On New Arguments In Easement Case
An Eleventh Circuit judge disapproved of a Georgia partnership raising new arguments on appeal as it pursues a tax deduction for a conservation easement donation, saying Thursday that perhaps "we wouldn't be here" if the partnership had argued the points before the lower court.
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May 08, 2025
11th Circ. Says Developer's I-20 Truck Stop Suit Out Of Gas
The Eleventh Circuit has backed a district court's dismissal of a property owner's suit challenging a metro Atlanta county ordinance that for years blocked him from developing his land into a QuikTrip gas station, ruling the county had a "rational basis" for its effective ban on new truck stops.
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May 08, 2025
Industrial Vacancies Expected To Peak In 2025, Colliers Says
Vacancies for U.S. industrial properties are anticipated to hit their peak by the end of the year due to "a significantly reduced construction pipeline,"Â according to a new report from Colliers.
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May 08, 2025
Katten Adds CMBS Pro From Cadwalader
Katten Muchin Rosenman LLP announced that a new partner has joined the firm's structured finance and securitization practice from Cadwalader Wickersham & Taft LLP, noting that she will expand the firm's commercial mortgage-backed securities capabilities.
Expert Analysis
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Climate Disclosure Mandates Demand A Big-Picture Approach
As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Âé¶¹´«Ã½
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Calif. Ruling Shows Limits Of Exculpatory Lease Clauses
A California court's recent decision in Epochal Enterprises v. LF Encinitas Properties, finding a landlord liable for failing to disclose the presence of asbestos on the subject property, underscores the limits of exculpatory clauses' ability to safeguard landlords from liability where known hazards are present, say Fawaz Bham and Javier De Luna at Hunton.
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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.