Real Estate

  • February 15, 2024

    Ariz. Panel Votes To Put Public Nuisance Tax Credits On Ballot

    Arizona property owners impacted by deemed public nuisances that local governments fail to address, which would include homelessness, could qualify for tax refunds from the state if voters approve a ballot measure advanced by a House panel.

  • February 15, 2024

    NYC Developer Owes $87M On Defaulted Condo Loans

    A New York federal judge has ordered HFZ Capital Group to hand over $87 million after a borrower defaulted on four loans guaranteed by the beleaguered development firm, denying its claims that an earlier foreclosure sale satisfying some of the loan was commercially unreasonable.

  • February 15, 2024

    Vaughan Baio Adds 3 Partners And 2 Offices In NY, NJ

    Philadelphia-based midsized firm Vaughan Baio & Partners expanded its footprint and resources this month with the addition of three partners and the opening of two offices in New York and New Jersey.

  • February 15, 2024

    Zurich Owes $554K Over Faulty Construction Work, Erie Says

    Erie Insurance Co. told a D.C. federal court Thursday that a Zurich unit wrongly denied coverage to Erie-insured subcontractors for over $554,000 in damage stemming from faulty work at a government agency renovation project, arguing Zurich has cited the wrong coverage form to deny liability.

  • February 15, 2024

    Fed. Circ. Says Feds Didn't Coerce Mont. Coal Permit Denial

    The Federal Circuit on Thursday said the Court of Federal Claims correctly threw out a coal leaser's suit alleging the federal government prevented it from acquiring necessary state operating permits, saying the company has failed to establish Montana was coerced into denying the permits.

  • February 15, 2024

    9th Circ. Backs Homeowners' Cert. In Allstate Overcharge Suit

    Allstate will have to face a class action accusing it of artificially inflating home insurance premiums for thousands of California properties by double-counting built-in garage space, a Ninth Circuit panel ruled, affirming a lower court's decision.

  • February 15, 2024

    Peer Street Hits Back Against Ch. 7 Conversion Efforts

    Bankrupt real estate investment firm Peer Street Inc. hit back at creditors' motions to convert its case to a Chapter 7 liquidation, saying to the Delaware bankruptcy court that conversion would torpedo its restructuring plan, which has the support of secured creditors and the unsecured creditors committee.

  • February 15, 2024

    Starwood Capital Injects $850M Into Echelon Data Centres

    Real estate-focused private investment firm Starwood Capital Group on Thursday revealed that it acquired a 50% stake in Dublin, Ireland-based Echelon Data Centres through an $850 million investment, valuing Echelon at roughly €2.5 billion ($2.69 billion) in a deal built by three firms.

  • February 15, 2024

    Deals Rumor Mill: Sony-Michael Jackson, Inspire IPO, Walmart

    Sony plans to acquire half of Michael Jackson's catalog; private equity firm Roark Capital is planning to list Inspire Brands, which owns Dunkin' and other food chains; and Walmart is pursuing an acquisition of TV maker Vizio. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • February 15, 2024

    Greenberg Traurig Adds 2 Real Estate Experts From DLA Piper

    Greenberg Traurig LLP has brought on two seasoned DLA Piper construction law experts as its newest shareholders, adding them to the firm's Atlanta office in what Greenberg Traurig called a "strategic move to enhance its full-service, industry-leading real estate capabilities."

  • February 14, 2024

    FinCEN Head Vows No 'Gotcha' Enforcement Of New Rules

    The director of the U.S. Treasury Department's Financial Crimes Enforcement Network said during a Wednesday congressional hearing that the agency is not pursuing "gotcha" enforcement when it comes to companies complying with new rules for reporting their beneficial ownership information.

  • February 14, 2024

    Atty Fighting Sanctions Not Blameless, Mich. Justices Told

    A Michigan defense attorney's arguments for why he should escape sanctions contain "several important inaccuracies and deficiencies," plaintiffs in an underlying real estate dispute have told the state Supreme Court in a brief, arguing that the attorney cannot escape being held jointly and severally liable along with previous defense counsel.

  • February 14, 2024

    Investors Urge Prison As Developers Seek More Briefing Time

    Two real estate developers on Wednesday asked for more time to respond to EB-5 investors' request that they be imprisoned for hiding their money instead of paying overdue settlements and sanctions judgments, telling an Illinois federal judge their attorney wrote down the court's deadline incorrectly.

  • February 14, 2024

    NJ Law Firm Beats Malpractice Claims Over Real Estate Deal

    A New Jersey state appeals court on Wednesday refused to revive legal malpractice claims against a law firm over its involvement in a botched real estate transaction, ruling that the lack of an expert report doomed the lawsuit because the claims were too intricate to be common knowledge.

  • February 14, 2024

    Insurer Needn't Defend Landlord From Antitrust MDL

    A Washington state judge has ruled in favor of an insurer in a coverage dispute revolving around nearly 40 antitrust class action claims against landlords that have been combined into a multidistrict litigation case, finding that the insurer owes no defense coverage to an accused property manager.

  • February 14, 2024

    Fla. Condo Says Chubb Unit Stalled On $7M Storm Claim

    A Florida Keys condominium has sued a Chubb unit over coverage related to $7.3 million worth of damage sustained during a 2017 hurricane, saying the company breached "industry standards" by dragging its feet on a claim and issued an amount less than what was needed for repairs.

  • February 14, 2024

    Zimbabwe Says It Didn't Waive Immunity In $440M Award Feud

    A D.C. federal judge improperly leaned on Second Circuit precedent in ruling that Zimbabwe can't escape the enforcement of two arbitration awards stemming from the southern African country's controversial land reform program, Zimbabwe told the D.C. Circuit.

  • February 14, 2024

    Enviro Orgs Planning EPA Suit Over Phosphate-Mining Waste

    A coalition of conservation, public health and environmental justice groups told the U.S. Environmental Protection Agency they plan to sue it for failing to respond to a 3-year-old petition asking for stronger regulations governing toxic and radioactive phosphogypsum waste generated by the fertilizer industry.

  • February 14, 2024

    Ill. Judge Says Rezoning Of Historic Hotel Damaged Developer

    An Illinois federal judge found that the city of Chicago improperly zoned the historic Pittsfield Building for strictly residential use not long after agreeing with the former owner and developer to zone the property for a new hotel.

  • February 14, 2024

    SEC Says Bankruptcy Doesn't Stop Crowdfunding Fraud Case

    Securities regulators are urging a Michigan federal judge to allow them to press on with their claims against the alleged mastermind behind a $2 million crowdfunding scheme — who has since quietly changed his name and allegedly bilked his attorney — arguing that his recent bankruptcy filing shouldn't pause proceedings.

  • February 14, 2024

    Bed Bath & Beyond Execs Given Access To $10M In Insurance

    An insurer for bankrupt housewares retailer Bed Bath & Beyond will cover up to $10 million in legal costs incurred by company executives who were subpoenaed or named as defendants in litigation connected to the store, a New Jersey bankruptcy court said.

  • February 14, 2024

    NY Man Charged With Falsely Claiming To Own Iconic Hotel

    A New York man has been charged with falsely claiming to own a celebrated New York hotel for four years, Manhattan District Attorney Alvin L. Bragg Jr. said on Wednesday.

  • February 14, 2024

    NY Objects To Rite Aid Bid To Close More Stores

    The state of New York asked a New Jersey bankruptcy judge Wednesday to keep two Rite Aid stores in Buffalo and Poughkeepsie, New York, out of the list of stores slated for closure in the pharmacy chain's Chapter 11 case, saying the closures would reduce pharmacy access for people in those communities.

  • February 14, 2024

    10th Circ. Revives Suit Accusing Valero Of Okla. Pipeline Leak

    The Tenth Circuit has partially revived an Oklahoma cattle ranch's lawsuit against Valero Energy Corp. alleging a pipeline leak contaminated its property, saying an Oklahoma federal judge misinterpreted state law when he tossed the ranch's nuisance and negligence claims.

  • February 14, 2024

    NYCB Faces Another Class Action Over CRE Challenges

    A New York Community Bank investor has brought a proposed class action alleging that executives falsely boasted of the bank's financial condition after making two large acquisitions, when the deals in fact weighed down its balance sheet and led to a significant dividend reduction.

Expert Analysis

  • Series

    In The CFPB Playbook: Abuse Policy, PACE, Payment Apps

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    From defining "abusive" conduct to implementing green energy financing to policing payment apps, the Consumer Financial Protection Bureau was busy last quarter. Akerman's Nora Rigby discusses all this and more in the first installment of bureau activity recaps by former CFPB personnel.

  • How To Avoid Flopping When Flipping Fla. Real Estate

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    As land prices rise, Florida real estate developers are increasingly contracting to flip property to other purchasers for a profit, and they should carefully consider the unique risks and issues associated with the different forms that the process can take, says Gary Kaleita at Lowndes.

  • C-PACE Laws Offer Boost For Sustainable Development

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    As more emphasis is placed on energy-efficient infrastructure and sustainability projects, state laws establishing property assessed clean energy financing — known as C-PACE in the commercial context — have become increasingly relevant to project developers' capital stacks, say attorneys at Frost Brown.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • What To Expect From High Court's Whistleblower Case

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    The U.S. Supreme Court's upcoming decision in Murray v. UBS Securities will likely have widespread implications for the future of anti-retaliation whistleblower litigation, and could make it more difficult for would-be whistleblower-employees to succeed on anti-retaliation claims under the Sarbanes-Oxley Act, say Ann-Elizabeth Ostrager and Diane McGimsey at Sullivan & Cromwell.

  • RICO Ruling Makes US More Attractive Foreign Creditor Forum

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    The U.S. Supreme Court's decision in Yegiazaryan v. Smagin, allowing a foreign plaintiff to use the Racketeer Influenced and Corrupt Organizations Act to enforce a foreign arbitral award, will make judgment creditors more likely to seek out U.S. courts to remedy efforts to frustrate the enforcement of international arbitration awards, say attorneys at Paul Hastings.

  • How End Of Forced Arb. Is Affecting Sex Harassment Cases

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    A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.

  • IRS Guidance Powers Up Energy Tax Credit Transfers

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    Recent IRS guidance on the monetization of energy tax credits provides sufficient clarity for parties to start negotiating transfer agreements, but it is unclear when the registration process required for credits to change hands will be up and running, say attorneys at Shearman.

  • 5 Strategies For Restructuring Underperforming CRE Loans

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    With commercial real estate industry conditions expected to deteriorate further in the coming months, market participants should consider a number of strategies to help resolve challenged investments, ranging from financial restructurings to project phasing, say attorneys at Ballard Spahr.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Post-Ciminelli Predictions On Right-To-Control Convictions

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    The recent Second Circuit filings in Binday suggest that the government will fight to preserve its right-to-control convictions in the wake of the U.S. Supreme Court's Ciminelli decision, and offer clues about key issues that will drive post-Ciminelli litigation, say attorneys at Debevoise.

  • Opinion

    States Must Fight Predatory Real Estate Listing Agreements

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    As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • How To Avoid A Zombie Office Building Apocalypse

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    With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

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