Commercial
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August 08, 2025
Judge Says Insurer Must Face $100M Biz Interruption Claim
A chemicals manufacturer accusing a reinsurer of failing to fully cover its roughly $100 million business interruption claim over a chemical plant explosion can still pursue its coverage claims, a Texas federal court ruled, finding the Texas Supreme Court would likely adopt the same holding.
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August 08, 2025
Texas Bill Seeks To Allow Injunctions Against Tax Collectors
Texas property owners could seek injunctions to prevent local taxing authorities from collecting property taxes if a taxing entity adopts a voter-approved tax increase and takes action that strays from the tax hike's stated purpose, under a bill introduced in the state House of Representatives.
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August 08, 2025
South Korea Probes 49 Foreign Luxury Apartment Buyers
South Korea's National Tax Service said it has launched a tax evasion probe into 49 owners of high-priced apartments who are from foreign countries such as the U.S. and China.
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August 08, 2025
Rite Aid Picks Azend As Buyer Of Pharmacy Assets
Pharmacy chain Rite Aid has told a New Jersey bankruptcy judge it's selected Med One Pharmacy Inc. as the buyer of drugs in its inventory, customer information, leases and other assets, months after the company transferred millions of prescriptions and dozens of stores to CVS and other businesses in Chapter 11.
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August 08, 2025
2 Firms Guide $1B Refi For Biotech Co.'s Boston HQ
The RMR Group obtained a five-year $1 billion mortgage loan to refinance biotech company Vertex Pharmaceuticals Inc.'s Boston headquarters in a deal guided by Dechert LLP and Skadden Arps Slate Meagher & Flom LLP, the alternative asset management company announced Thursday.
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August 08, 2025
Latham Steers Silver Lake On $400M Data Center Project Fund
Private equity firm Silver Lake said Friday that it has launched a $400 million fund to build a portfolio of powered land sites with demand for data centers increasing, in a deal advised by Latham & Watkins LLP.
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August 07, 2025
10th Circ. Water Loss Ruling Spotlights Competing Exclusions
The Tenth Circuit recently affirmed that a water damage exclusion applied to a Kansas office building's $1.75 million repair claim from a broken water pipe, providing insurance experts an unusual case for weighing two seemingly related exclusions against one another.
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August 07, 2025
Colo. Investor Claims It Was Cut From $132M Skyscraper Sale
A real estate investment firm that says it was wrongfully cut out of a $132 million purchase of a downtown Denver skyscraper at the eleventh hour sued the buyer, a private equity firm, in Colorado state court on Wednesday.
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August 07, 2025
NY AG, Ski Resort Square Up Over Resort Divestiture
A New York ski resort operator that bought a competing resort and shut it down must divest that resort to right the antitrust wrong a state judge found it had committed and restore competition to the market, the Empire State is arguing.
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August 07, 2025
Colo. Court Backs Landlord's Right To 'Fees On Fees'
In the first Colorado appellate decision to consider whether a prevailing party may recover attorney fees incurred to enforce a contractual fee-shifting provision, a state appellate panel ruled Thursday that a Denver coffee shop's landlord is entitled to an award of such fees.
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August 07, 2025
Texas Senate OKs Lower Voter-Approval Property Tax Rate
Texas would reduce its voter-approval property tax rate, the maximum rate a local government may adopt without voter approval, for large taxing units under a bill passed by the state Senate.
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August 07, 2025
Worker Says Property Firm Fired Her Over Medical Diagnosis
A property management firm has been sued in Georgia federal court by a former employee who alleged she was discriminated against and eventually fired after being diagnosed with ovarian fibroids requiring a hysterectomy and hernia repair.
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August 07, 2025
Tariffs Drive Cost Increases For Law Firm Office Build-Outs
Higher tariffs are driving higher construction costs for law firm office build-outs and renovation projects, as firms look to improve the quality of the office experience rather than increase its footprint, according to a new report by CBRE.
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August 07, 2025
Illinois Co. Fights Texas Insurance Law On Physical Offices
An Illinois-based company has sued the commissioner of the Texas Department of Insurance over a law that requires the company to have a physical presence in the state in order to keep its title insurance producer license, alleging on Thursday the requirement is unconstitutional.
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August 07, 2025
Legal Legend For MLB's Giants Focuses Efforts On Biz Side
A profile writer for the San Francisco Bar Association once called then-general counsel Jack Bair the "definition of the San Francisco Giants" and the person who "has probably done more for the Giants than just about anyone else."
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August 07, 2025
Trump Greenlights Private Equity, Crypto 401(k) Investing
President Donald Trump signed an executive order Thursday that aims to make it easier for retirement plans to invest in a wider range of assets, including cryptocurrency, private equity and real estate.
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August 07, 2025
Fed. Circ. Skeptical Of Realty Co.'s IRS Contract Dispute
Federal Circuit judges seemed skeptical Thursday of a realty company's claim that the IRS improperly blocked its bid to continue leasing office space to the agency after IRS employees complained about the building, with one judge challenging whether evidence actually showed the agency acted in bad faith.
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August 07, 2025
CoStar Asks Full 9th Circ. To Revisit Antitrust Ruling For Rival
Commercial real estate information company CoStar Group Inc. and a subsidiary are urging the Ninth Circuit to reconsider its ruling reviving antitrust counterclaims lodged by rival Commercial Real Estate Exchange Inc., which CoStar has accused in a suit of stealing property listing data and copyrighted photos.
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August 07, 2025
Texas Bill Seeks Two-Thirds Vote To Exceed Max Tax Rate
Texas would require two-thirds approval from voters to allow local taxing entities to increase property taxes beyond a maximum rate permitted by law without a vote under a bill introduced in the state House of Representatives.
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August 07, 2025
Former LVMH Atty Joins Realtors Association's Legal Team
The National Association of Realtors announced Aug. 7 it has appointed as its vice president of litigation and associate general counsel the former vice president of legal affairs and head of litigation at LVMH Moet Hennessy Louis Vuitton Inc.
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August 07, 2025
NC Biz Court Bulletin: Divorce Dust-Ups And Judicial Rebukes
Litigation in the North Carolina Business Court is heating up this summer with new complaints centered on fears a former state politician's divorce proceedings will impede his companies' operations and accusations that a climate technology company has failed to pay out a former engineer's ownership interest.
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August 07, 2025
Ohio Property Sale Too Old To Sway Valuation, Board Says
The sale of a commercial property was not close enough in time to its tax valuation date to be relied on as evidence of its value, an Ohio board said, upholding a local assessment.
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August 06, 2025
Under Pressure, Higher Ed Leans On Real Estate
As institutions of higher education contend with declining enrollment and federal funding cuts, some are finding creative ways to monetize their real estate, which comes with important legal considerations, according to attorneys.
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August 06, 2025
Calif. CRE Players Say Tariff Uncertainty Delaying Projects
Half of the real estate professionals polled in a survey on the California commercial real estate market said they are delaying or canceling development projects thanks to increased construction costs and global trade tensions tied to tariff uncertainty.
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August 06, 2025
Big CRE Brokers Report Stubborn Optimism In Q2 Results
With most of commercial real estate's major brokers posting leasing gains and capital markets closings, executives said recently in announcing second-quarter earnings that they expect activity to continue as clients grow jaded to drama from recent trade disputes.
Expert Analysis
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A Deep Dive Into High Court's Permit Fee Ruling
David Robinson and Daniel Golub at Holland & Knight explore the U.S. Supreme Court's recent ruling that a local traffic impact fee charged to a California property owner may be a Fifth Amendment taking — and where it leaves localities and real estate developers.
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What To Consider When Buying RE Promissory Notes
In light of recent distress in the real estate market, note purchases — in which an investor buys a promissory note and mortgage rather than actual property — can be a worthwhile alternative to traditional investments, but require careful contemplation of unique risks and strategic considerations, say Douglas Praw and Katelyn DeMartini at Holland & Knight.
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Consider 2 Alternative Exit Plans In RE Distress Scenarios
In the face of an impending wave of foreclosures, lenders and borrowers alike should consider two exit strategies — deed-in-lieu of foreclosure and consent foreclosure — that can mitigate potential costs and diminution in property value that could be incurred during a lengthy proceeding, say attorneys at BCLP.
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SEC Climate Rules Create Unique Challenges For CRE
The U.S. Securities and Exchange Commission's recently adopted final rules concerning climate-related disclosures for public companies are likely to affect even real estate companies that are not publicly traded, since they may be required to provide information to entities that are subject to the rules, says Laura Truesdale at Moore & Van Allen.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.
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How Retail Tenants Can Avoid Paying Rent Prematurely
When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.
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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 Law
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.