Commercial
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September 29, 2025
Fla. Cities, Counties Take Aim At Storm Recovery Law
A coalition of 25 Florida municipalities and counties sued the state on Monday over a state law aimed at encouraging post-hurricane rebuilding efforts that the local governments say unconstitutionally tramples their authority to regulate land use and development in their communities.
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September 26, 2025
Bankrupt NYC Cannabis Club Ordered Out Of Brooklyn Spot
A New York bankruptcy judge has told Empire Cannabis Club to surrender the property it leases at a location in Brooklyn to its landlord, ruling the bankrupt tenant effectively rejected the lease because it never moved to assume it.
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September 26, 2025
Golfer Wants Debt, Membership Cap Amid Renovation Row
A member of a private golf club in North Carolina has doubled down on his efforts to cap the club's membership and debt while he battles the board of governors over a contentious $23 million clubhouse renovation, saying it's necessary to preserve the status quo until the court decides who has the power to change the club's bylaws.
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September 26, 2025
Judge Criticizes Email-Only Talks In NY Smoke Shop Dispute
A New York federal judge chided attorneys for the Cayuga Nation and the smoke shop it's suing on Thursday for not actually speaking to each other when resolving a combative documents dispute, warning them that she might sanction them if they don't follow her orders more closely next time.
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September 26, 2025
NJ Riverfront Site Owner Hits Ch. 11 Ahead Of Sheriff's Sale
A property owner accused of defrauding an investor with phony development plans for a New Jersey site on the Hudson River sought Chapter 11 protection ahead of a sheriff's sale Friday, claiming it owes $67.3 million to creditors that include a foreclosing developer.
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September 26, 2025
Activist Investor Renews Push For Six Flags To Monetize Land
Shareholder activist Land & Buildings has again called on Six Flags to spin off its real estate into a separate entity so investors can tap into the "trapped value" of the amusement park giant's properties, saying a recent merger and other moves have not led to sufficient stock performance.
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September 26, 2025
Silver Star Hits Ex-Chair With New Securities Suit
Silver Star Properties REIT Inc. is again suing executive board Chair Allen R. Hartman, alleging in Maryland federal court that he, several relatives and other parties are part of an "unlawful and deceitful" scheme to replace the real estate investment trust's directors, give Hartman his old job back, liquidate the REIT and more.
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September 26, 2025
Justices Urged To Review Suit Over Mich. City Tenant Info Law
Real estate companies have pressed the U.S. Supreme Court to review a Sixth Circuit decision upholding the dismissal of a constitutional contract claim in their suit against a Michigan city over a law requiring commercial landlords to provide prospective tenant information in order to obtain a license to rent to them.
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September 26, 2025
Jones Day Hires NY Public Finance Attorney From Orrick
Jones Day announced that its New York office has gained a former Orrick Herrington & Sutcliffe LLP lawyer who advises issuers, underwriters and lenders on public finance and real assets transactions.
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September 26, 2025
USPS Error Doesn't Limit NJ Property Owners' Appeal Rights
The U.S. Postal Service's failure to deliver a town's request for a property's income information that was sent via certified mail doesn't limit a tax assessment appeal the property owner can pursue, the New Jersey Tax Court ruled.
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September 26, 2025
11th Circ. Told $33M Easement Deduction Improperly Cut
The U.S. Tax Court ignored evidence of land values that the IRS had failed to rebut — or even backed — when it drastically reduced a partnership's $33 million tax deduction for donating a Georgia conservation easement, the partnership told the Eleventh Circuit.
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September 26, 2025
Senior Housing REIT Nabs Kentucky Properties For $40M
LTC Properties Inc. acquired two new assisted living and memory care communities in Kentucky in a $40 million deal, part of $360 million in senior housing deals the real estate investment trust expects to close by the end of the year.
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September 26, 2025
Fried Frank Helping With Extell's Upsized Manhattan Tower
Extell Development is seeking to build a much taller tower on Madison Avenue in Manhattan than it had previously envisioned in a project guided by Fried Frank, according to recent filings in New York.
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September 26, 2025
2 Firms Guide $450M Financing For Retail REIT
NETSTREIT announced Friday that it has landed $450 million in financing commitments and amendments to existing credit facilities, parallel deals guided by Cooley LLP and Alston & Bird LLP.
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September 26, 2025
Holland & Hart Brings On Perkins Coie Commercial Litigator
Holland & Hart LLP has added a former Perkins Coie LLP partner to enhance its capacity to handle commercial litigation and advise high-net-worth individuals about a variety of matters.
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September 25, 2025
Roundup: Insurance Highlights At Climate Week NYC 2025
Politicians and business leaders at this year’s Climate Week in New York City are emphasizing that climate change is posing huge challenges for people struggling with high insurance premiums, but opportunity still exists for the industry in a green transition. Here, Law360 looks at just a few of the happenings this year at the weeklong conference.
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September 25, 2025
NY Judge Approves Hold On Cannabis Store Proximity Rule
A New York state judge has signed off on an agreement between marijuana stores and cannabis regulators to temporarily halt enforcement of a recent regulatory reinterpretation of store location requirements that threatened to upend more than a hundred cannabis businesses.
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September 25, 2025
Ex-FTE CEO Gets 12 Years For $13.6M Accounting Fraud
The former chairman and CEO of FTE Networks Inc. on Thursday was sentenced to 12 years in prison for a multifaceted $13.6 million ploy to conceal the telecommunications and real estate company's shaky financial condition and embezzle company funds.
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September 25, 2025
SEC's $1.2M Deal In EB-5 Fraud Case Gets Judge's OK
The U.S. Securities and Exchange Commission announced that a Nevada federal court has ordered a real estate developer and one of her companies to pay over $1.2 million to settle the agency's claims that they used $10 million raised from overseas investors hoping to immigrate to the U.S. to instead pay down an unrelated project loan.
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September 25, 2025
2 Firms Advise Self-Storage REIT, Manager On Merger
California-based SmartStop Self Storage REIT said it will acquire Arizona's Argus Professional Storage Management in a merger agreement advised by Nelson Mullins Riley & Scarborough LLP and Fennemore Craig PC.
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September 25, 2025
DC Court Upholds Transfer Tax On Long-Term Leaseback
The $39 million sale of a Washington, D.C., property and a long-term deal to lease it back to the seller constituted two separate taxable transactions, an appeals court said Thursday, rejecting a claim for a $1 million refund.
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September 25, 2025
NJ Amusement Park Co. Won't Get Hearing On Shore Project
New Jersey appeals court found Thursday that a Jersey Shore amusement park owner isn't entitled to a hearing before an agency that approved a grant making way for a luxury housing and retail development on the site of a nearby parking lot.
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September 25, 2025
CSX Says Biz Owner Rehashing Claims In Rail Crossing Suit
Railroad company CSX Transportation Inc. has asked a Pennsylvania federal court to permanently ax a local business owner's request for punitive damages amid a dispute over access to a railroad crossing, arguing the owner is repeating claims the court already rejected.
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September 25, 2025
RXR Launches Luxury Office Venture With $3.5B Portfolio
RXR has formed an investment platform for top-tier office buildings in New York City, backed by a portfolio of Manhattan properties worth $3.5 billion in deal value, the firm said.
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September 25, 2025
NJ Panel Tosses Suit Over West Windsor Industrial Project
A New Jersey appellate court on Thursday backed the permanent dismissal of a suit filed by two West Windsor residential property owners over the township's approval of a zoning ordinance for a more than 5 million-square-foot commercial and industrial project.
Expert Analysis
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A Look At Recent Case Law On Expedited Judgment In NY
A number of recent New York state court decisions clarify and refine the contours surrounding Civil Practice Law and Rule 3213, providing landlords, lenders and other payees guidance on how to seek accelerated judgment in certain litigation, says Alexander Lycoyannis at Holland & Knight.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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Reassessing Lease Provisions To Account For ESG Initiatives
As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.
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Avoid Getting Burned By Agencies' Solar Financing Spotlight
Recently coordinated reports and advisories from the U.S. Department of the Treasury, the Consumer Financial Protection Bureau and the Federal Trade Commission maximize the spotlight on the consumer solar financing market and highlight pitfalls for lenders to avoid in this burgeoning field, says Mercedes Tunstall at Cadwalader.
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Co-Tenancy Clause Pointers For Shopping Center Landlords
Large retail tenants often require co-tenancy provisions in their leases, entitling them to remedies if a shopping center's occupancy drops in certain ways, but landlords must draft these provisions carefully to avoid giving tenants too much control, says Gary Glick at Cox Castle.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.
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Keys To Successful Commercial Property Insurance Claims
Excerpt from Practical Guidance
While insurance needs for commercial leasing arrangements are driven by the characteristics of the premises and the nature of the tenants' intended operations, there are several universal best practices landlords and their counsel can follow when making claims after loss or damage.
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Tips For Handling Single Asset Real Estate Bankruptcy Cases
Excerpt from Practical Guidance
Bankruptcy counsel should consider several strategies when representing either a debtor or lender in single asset real estate debtor Chapter 11 cases, which generally arise when a debtor is forced to file for relief to stop an impending foreclosure sale.
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Increased Scrutiny Raises Int'l Real Estate Transaction Risks
Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.
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Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.