Insights on Real Estate

New York’s data center pause is temporary, but the review process itself will make permanent the assumptions, standards, and evidentiary records that govern future development.

ArentFox Schiff Sports Industry Co-Leader Richard Brand was featured by Law360 Real Estate Authority in its special report examining the interplay between sports and real estate development.

On July 7, the DC Council passed the Fiscal Year 2027 Budget Support Act (BSA) of 2026, the annual legislative vehicle through which the Council enacts the legal and policy changes required to carry out the District’s budget.

Data centers have become a central focus of national security oversight. Their role in storing sensitive information and providing critical computing capacity places them squarely within regulatory frameworks governing foreign investment, cybersecurity, and critical infrastructure.

The permitting process plays a central role in projects ranging from clean energy to data centers. No longer just a regulatory hurdle, it is often the main forum in which broader disputes over growth, resources, fairness, and community acceptance play out.

The first half of 2026 has continued to see radical shifts in the energy space on issues ranging from data centers to affordability.

ArentFox Schiff is pleased to announce that 23 practices and 81 attorneys have been recognized by The Legal 500 United States 2026 guide.

State policymakers are recalibrating how they regulate and incentivize data center development.

The 2027 DC budget would deliver significant new funding, programs, and policy changes to rental housing across the District of Columbia, affecting all parties involved, like tenants, landlords, and developers.

ArentFox Schiff is pleased to announce that 68 attorneys were recognized as leaders in their field and 25 practices spanning the firm’s litigation, regulatory, and transactional capabilities, as well as key industries, were ranked among the best in the country in the 2026 edition of Chambers USA: America’s Leading Lawyers for Business.

One week after the US House of Representatives passed a Farm Bill that expressly integrates food security into national security, Congressman John Moolenaar, Chairman of the Select Committee on China, and 13 bipartisan cosponsors introduced a standalone bill that would take significant additional steps aimed at safeguarding US national security and food security.

Data centers have a global reach, but their development is increasingly shaped by local land use decisions, public opinion, and evolving legislative frameworks. Across the country, state and local governments are introducing moratoria, revising zoning codes, and responding to community concerns in ways that directly affect project timelines and siting strategies.

In recent months, states across the country have shifted their approach to data center regulation. More than 300 data center-related bills have been introduced in 30 states’ legislatures in the first six weeks of 2026 alone, marking a decisive pivot from incentive-focused policies toward regulatory oversight as the energy demands of hyperscale facilities become clearer.

The federal government is reshaping the rules for how data centers obtain power. In the past four months, the White House, Federal Energy Regulatory Commission (FERC), and US Congress have each taken significant action on data center energy policy that will influence how facilities are sited, powered, and interconnected for years to come.

Branded residences, which are residential properties that offer residents hotel-caliber services and amenities in everyday life, most often tied to well-known hospitality or luxury retail brands, are experiencing unprecedented growth and are reshaping the landscape of real estate development in the United States and globally.

Partner Huhnsik Chung was quoted on how rising housing insurance costs are disproportionately stacking up for affordable housing operators in New York City.

ArentFox Schiff is pleased to announce the addition of Nicholas M. W. Hoffman as a partner in the firm’s Real Estate Practice Group in the New York office. Nick brings more than 25 years of experience structuring and closing complex financing transactions.

2026 will be a pivotal year for US energy policy and markets. We predict it will be defined by pressure to deliver affordability and reliability amid accelerating load growth, contested jurisdiction between states and Washington, DC, continued investment in renewable energy generation (notwithstanding significant new headwinds), a renewed interest in fossil fuels of all types and nuclear generation, and a priority for an “all-of-the-above” build-out to power data centers and the broader economy.

Illinois’ data center market is booming because of strong state incentives, but that growth is tightening power supplies and raising reliability and cost concerns.

As 2026 begins, nonprofit and association leaders face a legal landscape defined by heightened scrutiny, uneven funding conditions, rapid technological change, and continued uncertainty in policy direction.

Bankruptcy law provides special treatment for landlord claims arising from termination of a lease, using a calculation set forth in Section 502(b)(6) of the Bankruptcy Code. The starting point for the calculation is to identify how and when the termination occurred.

ArentFox Schiff is pleased to announce the election of 18 new partners, effective January 1, 2026.

ArentFox Schiff is pleased to announce that Real Estate Practice Leader Thomas R. Castiello has been selected by Connect CRE for Connect Media’s 2025 Lawyers in Real Estate Awards, representing the Washington, DC, Region.

ArentFox Schiff has been awarded 62 top rankings in the 2026 edition of Best Law Firms®, which recognizes firms for professional excellence based on consistently positive ratings from clients and peers.

On October 21, the DC Council voted 9-4 to exempt most two-to-four-unit properties owned by individual landlords who do not own more than two housing properties in DC from the Tenant Opportunity to Purchase Act (TOPA) under the revised RENTAL Act.