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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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict
In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema.
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A Look At New IRS Rules For Domestically Controlled REITs
The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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2nd Circ. Eminent Domain Ruling Empowers Municipalities
The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.
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SEC Should Be Allowed To Equip Investors With Climate Info
The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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Understanding The IRC's Excessive Refund Claim Penalty
Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.
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Bankruptcy Ruling Shifts Lease Rejection Claim Calculation
A New York federal court’s recent ruling in In re: Cortlandt provides guidance on how to calculate a landlord's damages claim when a bankruptcy debtor rejects a lease, changing from an approach that considers the remaining rent due under the lease to one that considers the remaining time, say Bethany Simmons and Noah Weingarten at Loeb & Loeb.
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What Calif. Eviction Ruling Means For Defaulting Borrowers
A California appellate court's recent decision in Homeward Opportunities v. Taptelis found that a defaulting borrower could not delay foreclosure with an improperly served notice of pendency of action, but leaves open a possibility for borrowers to delay eviction proceedings merely by filing lawsuits, say Anne Beehler and Krystal Anderson at Holland & Knight.
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How 3D Printing And Prefab Are Changing Construction
The growing popularity of trends like 3D printing technology and prefabrication in the construction industry have positive ramifications ranging from reducing risks at project sites to streamlining construction schedules, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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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.