Commercial
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September 25, 2025
Roundup: Insurance Highlights At Climate Week NYC 2025
Politicians and business leaders at this year’s Climate Week in New York City are emphasizing that climate change is posing huge challenges for people struggling with high insurance premiums, but opportunity still exists for the industry in a green transition. Here, Law360 looks at just a few of the happenings this year at the weeklong conference.
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September 25, 2025
NY Judge Approves Hold On Cannabis Store Proximity Rule
A New York state judge has signed off on an agreement between marijuana stores and cannabis regulators to temporarily halt enforcement of a recent regulatory reinterpretation of store location requirements that threatened to upend more than a hundred cannabis businesses.
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September 25, 2025
Ex-FTE CEO Gets 12 Years For $13.6M Accounting Fraud
The former chairman and CEO of FTE Networks Inc. on Thursday was sentenced to 12 years in prison for a multifaceted $13.6 million ploy to conceal the telecommunications and real estate company's shaky financial condition and embezzle company funds.
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September 25, 2025
SEC's $1.2M Deal In EB-5 Fraud Case Gets Judge's OK
The U.S. Securities and Exchange Commission announced that a Nevada federal court has ordered a real estate developer and one of her companies to pay over $1.2 million to settle the agency's claims that they used $10 million raised from overseas investors hoping to immigrate to the U.S. to instead pay down an unrelated project loan.
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September 25, 2025
2 Firms Advise Self-Storage REIT, Manager On Merger
California-based SmartStop Self Storage REIT said it will acquire Arizona's Argus Professional Storage Management in a merger agreement advised by Nelson Mullins Riley & Scarborough LLP and Fennemore Craig PC.
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September 25, 2025
DC Court Upholds Transfer Tax On Long-Term Leaseback
The $39 million sale of a Washington, D.C., property and a long-term deal to lease it back to the seller constituted two separate taxable transactions, an appeals court said Thursday, rejecting a claim for a $1 million refund.
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September 25, 2025
NJ Amusement Park Co. Won't Get Hearing On Shore Project
New Jersey appeals court found Thursday that a Jersey Shore amusement park owner isn't entitled to a hearing before an agency that approved a grant making way for a luxury housing and retail development on the site of a nearby parking lot.
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September 25, 2025
CSX Says Biz Owner Rehashing Claims In Rail Crossing Suit
Railroad company CSX Transportation Inc. has asked a Pennsylvania federal court to permanently ax a local business owner's request for punitive damages amid a dispute over access to a railroad crossing, arguing the owner is repeating claims the court already rejected.
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September 25, 2025
RXR Launches Luxury Office Venture With $3.5B Portfolio
RXR has formed an investment platform for top-tier office buildings in New York City, backed by a portfolio of Manhattan properties worth $3.5 billion in deal value, the firm said.
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September 25, 2025
NJ Panel Tosses Suit Over West Windsor Industrial Project
A New Jersey appellate court on Thursday backed the permanent dismissal of a suit filed by two West Windsor residential property owners over the township's approval of a zoning ordinance for a more than 5 million-square-foot commercial and industrial project.
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September 25, 2025
Flagstar Seeks Instant Win In Ex-Live Well VP Fraud Case
Flagstar Bank has urged a Michigan federal judge to grant it an early win against a former executive of the now-bankrupt Live Well for his role in a scheme to defraud lenders by inflating the value of bonds, saying because the executive already pled guilty to securities fraud, he cannot now deny liability in the bank's civil case.
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September 25, 2025
Casinos In Queens, Yonkers Advance In Race For Licenses
Two existing New York gaming facilities moved forward in the high-stakes competition for three full casino licenses, after two committees appointed by local elected officials approved their plans.
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September 25, 2025
SmartLabs Accused Of Dodging Rent On Cambridge Lab
Boston-headquartered SmartLabs is facing a lawsuit over millions in unpaid rent owed to the landlord of one of its Cambridge facilities, according to a complaint filed in Massachusetts state court.
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September 25, 2025
Wis. Judge Backs Wildlife Refuge Land Swap Deal
A Wisconsin federal judge has granted summary judgment to the federal government and two utility companies against all claims in a suit filed by conservationist groups that alleged that the government wrongfully approved a land exchange deal with the utilities so the companies could build part of a 101-mile transmission line project through a wildlife refuge.
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September 25, 2025
Holland & Knight Launches Real Estate Dispute Team
Holland & Knight LLP announced it has formed a new real estate disputes and advocacy team, noting the group will provide counsel to clients on lease litigation matters, complex contract claims and other commercial property disputes.
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September 25, 2025
The Torch Tower, With A Thrill Ride, Back Online In Manhattan
Construction has resumed at Extell Development's supertall hotel and thrill ride project in Manhattan known as The Torch, and Law360 has updated the status of that project on its tall buildings tracker.
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September 24, 2025
Tower Developer Linked To Menendez Ally Wants Suit Tossed
The developer behind a disputed high-rise project — once led by a businessman convicted in the bribery scheme involving former U.S. Sen. Robert Menendez — is asking a New Jersey judge to dismiss a lawsuit brought by a neighboring municipality, arguing the case is incurably flawed.
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September 24, 2025
Calf. Property Owner Renews Ch. 11 With $10M+ In Debt
The owner of a lot in California estimated to be worth $46 million renewed efforts to perform a Chapter 11 and address unsustainable debt, having filed for bankruptcy earlier this year but not completing the process.
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September 24, 2025
Hyperscalers Say Spend Hits $400B With 5 New US Sites
OpenAI, Oracle and SoftBank on Wednesday said they are planning five additional U.S. sites to host artificial intelligence data centers, in a step toward spending $500 billion on their Stargate project by the end of 2025.
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September 24, 2025
Davis Polk Guides $1B Manhattan Buy Across The Finish Line
New York City recently saw its first single-asset commercial real estate deal above the $1 billion mark in 2025, and a Davis Polk & Wardwell LLP lawyer who worked on the matter told Law360 that the trade is a sign of strength in the Manhattan office market.
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September 24, 2025
Final JC Penney Ch. 11 Distributions On Horizon, Atty Says
Lawyers winding down the bankruptcy estate of department store J.C. Penney told a Texas bankruptcy judge on Wednesday they expect to be able to make final creditor payments shortly, nearly five years after the Chapter 11 plan took effect.
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September 24, 2025
Rick Perry's Data Center REIT Launches Plans For $550M IPO
Fermi America, a venture by former U.S. Energy Secretary Rick Perry to build a 5,000-acre Amarillo, Texas, energy and data center, sought a $13.1 billion valuation Wednesday in an initial public offering guided by Haynes Boone and Vinson & Elkins LLP.
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September 24, 2025
Marsh US Real Estate Leader On Insurance Landscape
Commercial real estate companies, squeezed by higher interest rates in recent years, have also seen a dramatic increase in insurance premiums. Duncan C. Ellis, who leads Marsh's U.S. and Canada real estate and hospitality practice, spoke to Law360 Real Estate Authority about what's behind the trends in commercial real estate insurance.
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September 24, 2025
Ohio House Bill Seeks Approval Rule For Some Property Tax
Ohio would require some political subdivisions to obtain approval from their member governing bodies before imposing property tax above a statutory limit under a bill introduced in the state House of Representatives.
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September 24, 2025
11th Circ. Asked To Combine Easement Deduction Appeals
The Eleventh Circuit should consolidate two cases appealing U.S. Tax Court rulings that cut $47 million in deductions for conservation easement donations, a partnership argued, saying the government's opposition to combining them overlooks the opportunity to save resources.
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.