Commercial

Expert Analysis

• 2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers

  

  Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.

• Expect DOJ To Repeat 4 Themes From 2024's FCPA Trials

  

  As two upcoming Foreign Corrupt Practice Act trials approach, defense counsel should anticipate the U.S. Department of Justice to revive several of the same themes prosecutors leaned on in trials last year to motivate jurors to convict, and build counternarratives to neutralize these arguments, says James Koukios at MoFo.

• 5 Real Estate Takeaways From Trump's Sweeping Tax Law

  

  Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.

• 8 Steps For Industrial Property Buyers To Limit Enviro Liability

  

  Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.

• Revamped Opportunity Zones Can Aid Clean Energy Projects

  

  The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.

• Sales And Use Tax Strategies For Renewables After OBBBA

  

  With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.

• NY Laundering Ruling Leans On Jurisdictional Fundamentals

  

  A New York appeals court’s recent dismissal of Zhakiyanov v. Ogai, a civil money laundering dispute between Kazakh citizens involving New York real estate, points toward limitations on the jurisdictional reach of state courts and suggests that similar claims will be subject to a searching forum analysis, say attorneys at Curtis Mallet-Prevost.

• Opportunity Zone's Future Corp. Tax Benefits Still Uncertain

  

  Despite recent legislative enhancements to the qualified opportunity fund program, and a new G7 understanding that would exempt U.S.-parented multinationals from the undertaxed profits rule, uncertainties over future tax benefits could dampen investment interest in the program, says Alan Lederman at Gunster.

• What To Expect As Trump's 401(k) Order Materializes

  

  Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.

• Key Insurance Coverage Considerations For AI Data Centers

  

  The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.

• Unpacking The New Opportunity Zone Tax Incentive Program

  

  The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.

• Data Center Construction Trends, Challenges In Ill. And Texas

  

  Data centers in Illinois and Texas are reshaping the industrial landscape, but this growth brings legal complexity, so developers, contractors and corporate legal departments must have a deep understanding of each state's legal terrain and take a proactive approach to risk management, say attorneys at Hicks Johnson.

• Definitions Of 'Waters Of The United States' Ebb And Flow

  

  The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.