Commercial

  • April 19, 2024

    Casino SPAC Can Return Money, Not Shares, Chancery Rules

    Stockholders in a blank-check company that failed to merge with a Philippines-based casino are entitled to a distribution from $37.5 million sitting in trust, but the company may not redeem any shares until an investor's Delaware lawsuit plays out, a Chancery Court vice chancellor said Friday.

  • April 19, 2024

    Insurers Push To Arbitrate Hurricane Damage Case

    An arbitrator should decide whether a Louisiana property owner's hurricane damage claims must be arbitrated, a group of surplus lines insurers argued in urging the Second Circuit to reject a New York district court's reliance on the circuit's precedent to find the arbitration clause at issue unenforceable.

  • April 19, 2024

    NY AG Doubts Trump Insurer Can Cover $175M Bond

    The New York Attorney General's Office told a Manhattan court Friday it has doubts about a California insurer's ability to cover a $175 million bond imposed on Donald Trump after a civil trial in which he was found responsible for conspiring to inflate his wealth for financial gain.

  • April 19, 2024

    US Trustee Balks At 22% Rate On Petersen Health DIP Loan

    The U.S. Trustee's Office objected Friday to senior living company Petersen Health Care's proposed bankruptcy financing, telling a Delaware judge that the combined 22% interest rate on the $45 million debtor-in-possession loan is "above market."

  • April 19, 2024

    Pillsbury Makes Longtime Commitment To 'Iconic' SF Building

    Pillsbury Winthrop Shaw Pittman LLP has extended the lease on its San Francisco offices for 11 more years, the firm announced Friday.

  • April 19, 2024

    Polsinelli Adds Shareholder To Tax Credit Practice In Dallas

    An attorney who spent more than a decade developing a niche practice specializing in tax credit financing has moved her practice to Polsinelli PC's Dallas office after five years at Munsch Hardt Kopf & Harr PC.

  • April 19, 2024

    The Week In Trump: NY Trial And A High Court Date Loom

    Despite a few snags, jury selection for Donald Trump's hush money trial in Manhattan unfolded relatively quickly, clearing the way for opening statements Monday in the historic case as the former president prepped for a U.S. Supreme Court debate over his supposed immunity.

  • April 19, 2024

    Fried Frank Advises $632M Hotel Portfolio Refinancing

    Fried Frank Harris Shriver & Jacobson LLP advised hotel operator MCR and developer Building and Land Technology on a $632 million refinancing of a portfolio of 53 hotels in more than a dozen states.

  • April 19, 2024

    EPA Says 2 'Forever Chemicals' Are Hazardous Substances

    The U.S. Environmental Protection Agency on Friday officially declared two "forever chemicals" to be hazardous materials under federal law, which could bring a host of consequences for Superfund site cleanups and development projects.

  • April 18, 2024

    What 4 Real Estate Leaders Said At NYU's REIT Symposium

    The public real estate investment trust sector will bounce back from its current troubles "at some point," said Jon Gray, Blackstone's president. He was not the only company executive who sounded hopeful about the industry's future at New York University's 28th annual REIT symposium.

  • April 18, 2024

    Investors In Failed Manila Casino Deal Sue For SPAC Shares

    Shareholders in a blank-check company that failed to take a Philippines casino public have intervened in two Delaware Chancery Court lawsuits to recoup their failed investments, with one seeking to litigate damages from the busted $2.6 billion deal and the other pushing for the company's liquidation.

  • April 18, 2024

    Investor Says Healthcare REIT Ties Undercut Lease Terms

    An activist investor on Thursday urged shareholders to vote against two of National Health Investors Inc.'s incumbent board members at an annual meeting in May, alleging that conflicts of interest between directors on the board and the company's largest tenant are harming the real estate investment trust.

  • April 18, 2024

    Rexford Didn't Fear Competitors Would Get Blackstone Assets

    Rexford Industrial Realty wasn't terribly concerned that a 3 million-square-foot Blackstone industrial portfolio might go to one of its competitor REITs had the company not scooped up the properties earlier this year for roughly $1 billion, Rexford said on its first-quarter earnings call Thursday.

  • April 18, 2024

    Blackstone, Expecting CRE Rebound, Leans Into Deal-Making

    Executives at Blackstone, the world's largest landlord and alternative asset manager, said they see signs that commercial real estate is beginning to bounce back, despite macroeconomic challenges and a shift in how people use offices.

  • April 18, 2024

    Smith Gambrell Hires Ex-Jacksonville, Fla., Deputy GC

    Smith Gambrell & Russell LLP has added a longtime deputy general counsel for the city of Jacksonville, Florida, as counsel within its real estate group and as the head of the Jacksonville office's government affairs practice.

  • April 17, 2024

    Damages Still Possible In Lease Tax Reimbursement Row

    A Court of Federal Claims judge has ruled that the General Services Administration could unilaterally adjust the real estate tax reimbursement methodology under a lease for the Defense Health Agency's headquarters building, but the building owner may still be owed damages.

  • April 17, 2024

    Ga. Jury Finds Supplier At Fault For Botched Herbicide Job

    An Atlanta federal jury on Wednesday found a company hired to thin out woods on a rural Georgia property and a subcontractor brought in to spray the property with herbicide were responsible for wrecking a developer's plans for turning the location into a quail hunting retreat. 

  • April 17, 2024

    Wilmington Trust Wants $33M For Defaulted Mortgage

    Wilmington Trust accused a company in Delaware federal court of owing more than $33 million for a defaulted mortgage loan for a Wilmington, Delaware, property.

  • April 17, 2024

    Racetrack's Unlisted Use Unremarkable, Mich. Justice Says

    A Michigan Supreme Court justice said Wednesday it was not "particularly remarkable" that a zoning ordinance did not list all approved commercial uses, as residents push the court to restrict a race dragway's operations, noting that the law uses examples because it would be impossible to list everything allowed.

  • April 17, 2024

    Prologis Pins Lower Occupancy Rates On Southern California

    Prologis Inc. executives told investors Thursday that the logistics real estate investment trust saw occupancy rates and pricing at slightly lower than expected levels during the first quarter of 2024, driven down largely by lackluster performance in Southern California.

  • April 17, 2024

    SL Green And Vornado Extend, Modify NYC Office Loans

    SL Green Realty Corp. and Vornado Realty Trust modified, extended and partially repaid a $125 million mezzanine loan for a downtown Manhattan office building and also modified and extended a $1.075 billion securitized mortgage, the real estate investment trusts announced.

  • April 17, 2024

    Okla. Lawmakers OK Use Of Images For Property Inspections

    Oklahoma would allow county assessors to inspect property remotely using aerial images taken from airplanes after an initial in-person inspection under a bill passed by the state House of Representatives and headed to the governor.

  • April 17, 2024

    No Redo For Insurer In Hail Damage Dispute, Judge Says

    A Texas federal court refused to rethink its ruling denying an insurer's early win in a hail damage coverage dispute with a textile company, saying the insurer provided no new information that could change the court's finding or establish the court's manifest error.

  • April 17, 2024

    99 Cents Seeks Quick Ch. 11 Auction For IP, Real Estate

    Bankrupt discount retail chain 99 Cents Only hopes to sell its real estate, store leases and intellectual property by May 21 as part of its speedy Chapter 11 winding down, according to an auction procedures motion filed with the Delaware bankruptcy court.

  • April 17, 2024

    Porter Hedges Adds Real Estate Pro From Munsch Hardt

    Porter Hedges LLP is expanding its Texas team, bringing in a Munsch Hardt Kopf & Harr PC real estate pro as a partner in its Houston office.

Expert Analysis

  • NY's Take On Premises Insurance Policies: What's In A Name?

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    A New York appellate court's recent decision in Wesco Insurance v. Fulmont Mutual Insurance — requiring insurance coverage for a property owner not named on the policy — strengthens a state case law trend creating a practical exception in premises liability cases to normally strict requirements for coverage, says Craig Rokuson at Traub Lieberman.

  • Bankruptcy Ruling Shows Section 363's Magic Has Its Limits

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    The Ninth Circuit Bankruptcy Appellate Panel's recent ruling in Groves demonstrates that Section 363 — which allows a debtor-in-possession to sell their property in order to generate cash — fails as a tool when it’s used to turn a nondebtor entities' property into property of a debtor's bankruptcy estate, says Brian Shaw at Cozen O'Connor.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Shifts In The CRE Landscape Demand Creative Loan Solutions

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    An increase in commercial real estate loan workouts makes it critical for borrowers, lenders and other CRE participants to examine all the available options and remedies, including mortgage and mezzanine foreclosures, bankruptcy filings and property short sales, say attorneys at Goulston & Storrs.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • A Smoother Process For CRE Receiverships In Conn.

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    A newly effective Connecticut law concerning distressed commercial real estate provides a number of opportunities and strategic considerations for creditors, and should be watched even by counsel in other states as adoption of the law could become more widespread, say John Loughnane and Steven Coury at White and Williams.

  • What Came Of Texas Legislature's Long-Promised Tax Relief

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    Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.

  • CRE Guidance Helps Lenders Work With Struggling Borrowers

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    In recognition of growing troubles with commercial real estate loans, four federal regulators' recently updated loan accommodations guidance provides a helpful framework for approaching loan workouts without the punitive results of adverse classifications, say Jaclyn Grodin and Muryum Khalid at Goulston & Storrs.

  • NYC Cannabis Landlord Accountability Law Has Limitations

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    A recently passed bill in New York City, aiming to crack down on the illegal cannabis market by levying fines against landlords who knowingly lease to unlicensed sellers, contains loopholes that may potentially limit the bill’s impact and lead to unintended consequences, say attorneys at Falcon Rappaport.

  • When Investment Banks Can Sell Real Estate In Calif.

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    When investment banks sell businesses that own property in California, they may run into trouble if they are not licensed real estate brokers, unless the property is merely incidental to the deal at hand, say attorneys at Holland & Knight.

  • Hedging Variable Interest Rates In A Volatile Market

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    Variable rate loans, which were an advantageous borrowing method prior to the recent Federal Reserve rate hikes and subsequent volatility, are now the difference between borrowers remaining current on their obligations and defaulting due to the sharply increasing debt service requirements of their loans, say attorneys at Cassin & Cassin.

  • Parsing FTC's Intercontinental-Black Knight Merger Challenge

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    The Federal Trade Commission's recent Article III case challenging a merger between Intercontinental Exchange and Black Knight suggests the agency is using a structuralist approach to evaluate the merger's potential anti-competitive harm, says David Evans at Kelley Drye.

  • Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.