Commercial
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April 21, 2025
Justices Won't Hear Mall Of America's Sears Lease Dispute
The U.S. Supreme Court on Monday declined to hear a case filed by the owner of Minnesota's Mall of America against Sears Holding Corp. over a transfer of a 100-year lease for an anchor store location, leaving in place a lower court's finding that the mall's lease was not a "true" contract.
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April 18, 2025
5th Circ. Backs SEC In Fraud Case Receivership Fight
The Fifth Circuit has knocked down a Texas-based real estate investor's fight against a receivership imposed upon his entities by the U.S. Securities and Exchange Commission, saying the lower court did not exceed its authority in allowing the receivership in the $26 million fraud case.
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April 18, 2025
9th Circ. Won't Rethink Nixed Zillow, NAR Antitrust Case
The Ninth Circuit won't be rethinking a panel decision refusing to revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of anticompetitively relegating its listings from Zillow's main page.
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April 18, 2025
HUD Lists Aging DC Headquarters Building For Sale
The U.S. Department of Housing and Urban Development and Government Services Administration have announced plans to sell HUD's headquarters, saying the property exceeds the department's need for office space.
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April 18, 2025
Fla. Jury Hits Expedia With $30M Helms-Burton Verdict
A Miami jury on Friday said Expedia and three related entities owe $29.85 million after finding the online booking companies liable for violating the Helms-Burton Act's anti-trafficking provision by offering reservations for resorts on a barrier island seized by Fidel Castro's government.
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April 18, 2025
Law Firm In-Office Policies Steady Real Estate Footprints
Law firms' office real estate footprints are stabilizing as firms bolster their in-office attendance — through return-to-office programs and a focus on culture — and move away from space-sharing for attorneys, according to a report from CBRE.
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April 18, 2025
DLA Piper Adds Partner To Investment Funds Practice
Ropes & Gray LLP partner Matt Posthuma has jumped ship to DLA Piper, where he joins the firm's investment funds practice as a partner in its Chicago office.
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April 17, 2025
Greystar Says FTC Suit Seeks 'Radical' Expansion Of Power
Developer and property manager Greystar urged a Colorado federal court to toss a Federal Trade Commission suit alleging it advertised deceptive rental prices, saying the suit requires a novel reading of a decades-old statute that would "radically" expand the agency's power.
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April 17, 2025
Cuban Island Owner Wants $36M In Helms-Burton Case
A Cuban-American man who says he is the rightful heir to an island off the coast of Cuba that was seized by the Communist government asked a Miami jury on Thursday for an award of more than $36 million against Expedia, which the man claims illegally trafficked in the stolen property by offering reservations for resorts on the island through its website.
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April 17, 2025
Colo. FAIR Plan Gives Policyholders Options At A Cost
Colorado launched the country's first new Fair Access to Insurance Requirements, or FAIR, Plan in 40 years to offer residents another tool in an increasingly challenging wildfire, hail and wind market, but experts emphasized that this limited form of coverage is not intended to address affordability concerns.
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April 17, 2025
Colo. Insurance Bills Offer Promise But Uncertain Costs
Colorado lawmakers are contemplating insurance bills that experts say could help improve the state's market by boosting home resilience, but there are still cost concerns and skepticism that other proposals are workable, like a state reinsurance program.
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April 17, 2025
Naftogaz Wins Enforcement Of $5B Russia Award In France
A French court has signed off on a bid by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award it won against Russia after the Kremlin seized its Crimean assets, the company said on Thursday.
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April 17, 2025
QXO Prices $500M Offering Connected To $11B Beacon Buy
Building products distribution company QXO Inc. announced the pricing of a stock offering, with plans to raise $500 million, which will be used to finance a portion of its pending $11 billion acquisition of Beacon Roofing Supply Inc.
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April 17, 2025
Cushman Expects Stubborn Office Vacancies In Austin
After unusual market disruptions brought on by the pandemic, Cushman & Wakefield says it expects high office vacancies in Austin, Texas, to linger for a few more years and that unprecedented demand for the city's industrial assets will stabilize gradually.
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April 17, 2025
Moderna Says New Drug Plant Riddled With Defects, Mold
Life sciences company Moderna is suing a Massachusetts construction firm over multiple alleged defects in a recently built production facility for one of its experimental cancer drugs, including leaks that led to mold growth so "extensive and pervasive" the entire roof has to be replaced.
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April 17, 2025
Petersen Health Gets Initial OK To Take Votes On Ch. 11 Plan
A Delaware bankruptcy judge on Thursday provisionally approved skilled nursing facility operator Petersen Health Care's bid to send its Chapter 11 liquidation plan out to creditors for voting, months after the company sold off most of its assets.
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April 17, 2025
Blackstone Sees 'Speed Bump' In Real Estate Recovery
Officials at investment giant Blackstone told analysts on April 17 that they expected the direct impact of tariffs on its businesses to be limited, although a wider downturn could be more troubling.
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April 16, 2025
Real Estate Lawyers Chart Dealmaking Under Tariffs
As real estate transaction attorneys navigate uncertainty in the market, some deals are being put on ice, while elsewhere, clients are rushing to negotiate protections from price hikes or find opportunistic deals.
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April 16, 2025
Trump Ends Clinton, Carter Policies On Fed Facility Sites
President Donald Trump rolled back two decades-old orders directing the federal government to prioritize urban areas and historic districts when choosing locations for federal facilities.
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April 16, 2025
IBM Sues Insurers Over $900M In Environmental Expenses
IBM has taken several of its excess commercial general liability insurers to New York federal court, arguing that following IBM's coverage settlements with underlying insurers, they are now on the hook for over $900 million in environmental remediation expenses incurred under policies issued between 1961 and 1970.
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April 16, 2025
Luxury Boutique Offices Sprout Up Around Miami
Though there have been hints of a slowdown in the Miami office market, which has seemed impervious to the economic headwinds roiling the sector nationwide, one area moving at full speed is the development of high-end boutique projects in desirable enclaves outside the city's central business district.
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April 16, 2025
Office Demand Steady Despite Trade Policy Turbulence
Commercial broker Cushman & Wakefield said shifting U.S. trade policy didn't have a noticeable effect on demand for office space in the first quarter as the sector showed continued signs of stabilization.
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April 16, 2025
Dems Ask GSA To Explain Federal Asset Disposal Plans
Democrats on the House Oversight Committee urged the General Services Administration to explain its moves to list federal properties for disposal, expressing concern about how the agency has identified buildings for sale.
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April 16, 2025
Prologis Says Logistics Renters Cautious Amid Tariff Tumult
Prologis executives said on Wednesday that logistics asset leasing activity dropped 20% over the past two weeks, with many companies waiting to see how things pan out after President Donald Trump temporarily paused higher tariffs on all countries except China.
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April 16, 2025
Exxon Urges Justices To Resolve Seized Cuba Property Claim
Exxon Mobil Corp. asked the U.S. Supreme Court to scrutinize a ruling frustrating its attempts to collect damages from Cuban property confiscated decades ago, arguing the Trump and Biden administrations' opposing stances on such lawsuits present a chance for the court to settle the political debate.
Expert Analysis
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How Real Estate Cos. Can Protect Their IP In The Metaverse
The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.
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Ga. Law Creates Challenges For Foreign Ownership Of Land
Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.
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Questions Remain After Mass. Adverse Possession Case
A recent Massachusetts Land Court decision, concerning an adverse possession claim on a family company-owned property, leaves open questions about potential applicability to closely held corporations and other ownership types going forward, says Brad Hickey at DarrowEverett.
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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.