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Real Estate
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March 20, 2024
Receiver Allowed To Have 'Evil Zombie' Standing In Fraud Suit
The Eleventh Circuit revived a receiver's Florida lawsuit seeking to recover $22 million allegedly lost in a Ponzi scheme, saying he has standing to bring fraudulent transfer claims by several companies used in the fraud because they're no longer the "evil zombies" controlled by the perpetrators.
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March 20, 2024
Philly Charter School Exec Convicted Of Embezzlement
A nonprofit executive was convicted Wednesday in Pennsylvania federal court on all 18 counts of siphoning funds from a tax-exempt educational and housing organization to live lavishly, while the same jury found a colleague guilty of conspiracy to commit fraud but absolved him of other charges.
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March 20, 2024
RedBird Sues Brookfield For $150M From Compass Deal
The private investment firm that sold Compass Datacenters to Brookfield Infrastructure Partners for $5.7 billion last year sued the infrastructure asset manager in Delaware's Court of Chancery on Tuesday, alleging that Brookfield had breached their agreement by refusing to release $150 million out of escrow.
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March 20, 2024
Faegre Drinker Adds Former Honigman Construction Pro
Faegre Drinker Biddle & Reath LLP has strengthened its construction and real estate litigation group in Chicago with Raj Patel, previously a partner with Honigman LLP, the firm said Wednesday.
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March 20, 2024
NY AG Scoffs At Trump's Claim Of 'Impossible' $465M Bond
The New York Attorney General's office on Wednesday disputed Donald Trump's claim that posting bond while he appeals a $465 million civil fraud judgment is a "practical impossibility," arguing the former president and his business empire haven't exhausted all avenues.
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March 20, 2024
NY High Court Revives Suit Against NYC Property Taxes
A lawsuit challenging the fairness of New York City's property tax system lives on, with New York's highest court finding a group's complaint sufficiently pleads causes of action against the city for violations of New York's Real Property Tax Law and the federal Fair Housing Act.
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March 20, 2024
Russian Exec Argues Jailed Biz Partner Can't Escape Judgment
A Russian businessman has pressed a California federal court not to vacate a default entered against his former business partner as the businessman attempts to collect an award of more than $92 million, saying it "strains credulity" to believe that his ex-partner couldn't answer the litigation while jailed in France.
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March 20, 2024
Data Center Atty Welcomes Private Equity's Embrace
Private equity's growing presence in the data center space is a boon for the sector and will help industry players build more facilities to meet growing demand for digital infrastructure, a partner in Paul Hastings' data center practice group told Law360.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
Re/Max GC Sees Light At The End Of Antitrust Tunnel
Re/Max general counsel Susie Winders has spent several years in a joint defense group fighting antitrust cases brought by sellers over real estate commissions, and she says she is now "very pleased" over recent settlements despite their costs.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
DA Says Greenhouse Suit Interferes With Code Enforcement
The San Bernardino County district attorney is asking a California federal judge to throw out a suit from a Native American-owned company aiming to block the DA from abating and removing equipment from greenhouses that was used in an illegal cannabis operation involving a prior owner.
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March 19, 2024
Chicago Voters Nix Tiered Rates On Real Estate Transfer Tax
Chicago voters rejected a contentious referendum Tuesday night that would have authorized the city to impose tiered real estate transfer tax rates including an increase for properties sold at $1 million and higher.
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March 19, 2024
LA Councilman's Wife Tells RICO Jury Of Vegas Cash Wads
Former Los Angeles City Councilman Jose Huizar's wife got into a disagreement with him once over a wad of cash he brought back from a trip to Las Vegas with a billionaire developer, she testified Tuesday to a federal jury considering racketeering charges against another former city official, Raymond Chan.
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March 19, 2024
Top Bank Lobbyist To Biden: Stop The Regulatory 'Tsunami'
The head of the largest U.S. banking trade group vowed Tuesday to keep litigation on the table if federal regulators don't back off their rulemaking "tsunami," tough talk that comes as the group's latest such legal challenge has hit potential turbulence in Texas.
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March 19, 2024
Former Exec Set For Fall Trial In WeWork Stock Fraud Case
A New York federal judge on Tuesday set a fall trial date for the former CEO of real estate investment firm ArciTerra, who denied issuing a fake $77 million tender offer for WeWork shares in a bid to artificially pump up the stock price days before the office-sharing company slid into bankruptcy.
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March 19, 2024
La. Green Groups Urge Petrochemical Plant Permit Probe
A coalition of environmental groups urged Louisiana's Supreme Court to wade into their dispute with the state concerning permits that would allow a plastics manufacturer to construct a major petrochemical facility within the state's "Cancer Alley."
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March 19, 2024
Feds, Mich., City Escape Black Residents' $600M Pollution Case
A Michigan federal judge has dismissed a $600 million lawsuit brought by Black residents of Kalamazoo claiming a local company, the city, the state and the federal government did nothing about polluted air in their neighborhood because of their race.
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March 19, 2024
NC Panel Rules Nonprofit Not Entitled To Tax Exemption
A North Carolina manufactured home community doesn't qualify for a charitable tax exemption because providing land for housing units isn't considered equivalent to providing affordable housing for low-income individuals, the state appeals court ruled Tuesday.
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March 19, 2024
Md. House OKs Special Tax Rates For Vacant Property
Maryland would let the Baltimore city council and county governments in the state impose special tax rates on vacant or abandoned property under a bill passed by the House of Delegates.
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March 19, 2024
Fishers Angle For Justices' Attention With New Monument Suit
Two fishermen are challenging a 5,000-square-mile offshore national monument in a lawsuit that sets up a fight over the extent of presidential power under the Antiquities Act, an issue that has already drawn the attention of U.S. Supreme Court Chief Justice John Roberts.
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March 19, 2024
Conn. Supreme Court Snapshot: Housing Battles Heat Up
The Connecticut Supreme Court in March is set to consider two cases that would clarify landlords' obligations to tenants and local governments when their buildings are ruined through wrongdoing.
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March 19, 2024
Fla. City Atty Says Law Grants Immunity In Realty Fraud Suit
An attorney for the city of Miami told a state appellate panel Tuesday that the law entitles her to sovereign immunity in a lawsuit in which she's accused of aiding her husband in a real estate fraud scheme, saying the allegations aren't specific enough to remove that protection from her.
Expert Analysis
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Fair Lending Activity: Calm On The Surface, Churning Below
The Consumer Financial Protection Bureau's recently released annual fair lending report to Congress confirms that despite the paucity of public fair lending enforcement actions in 2022, the CFPB and prudential banking agencies are engaged in significant nonpublic oversight, examination and enforcement activities, say attorneys at Cooley.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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Rising Interest Rates Bring Risk For Construction Contractors
With rising interest rates causing many construction projects to be slowed or halted, it's important for general contractors to implement safeguard measures against the risk of significant financial losses caused by owner-driven schedule modifications, says Kevin Riexinger at Gfeller Laurie.
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Keys To Navigating The Post-Pandemic CRE Market
Excerpt from Practical Guidance
As the commercial real estate market continues to face repercussions from the COVID-19 pandemic, lawyers should use office occupancy and leasing volume numbers to anticipate future trends and help guide clients through an uncertain landscape, says Joseph Calvanico at J2C Valuations.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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How Rate Exportation Is Shifting Amid Regulatory Trends
All banks and their partners, including fintechs, that wish to lend to borrowers in multiple states and charge uniform interest rates should heed regulatory developments across the country and determine how best to mitigate risks in their efforts to offer credit to consumers on a nationwide basis, say attorneys at Ballard Spahr.
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How The Commercial Real Estate Slump May Weigh On Banks
The continuing underperformance of the U.S. commercial real estate market has significant implications for the financial performance and disclosure requirements for various banks, especially regional ones with large debt exposures, say Atanu Saha and Yong Xu at StoneTurn.
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Negotiating Material Escalation In Construction Contracts
As material price escalation clauses have remained popular in construction contracts despite an easing of recent supply chain issues, attorneys representing owners should understand key considerations for negotiating such clauses, and strategies to mitigate potential exploitation by contractors, says H. Arthur Black II at Brooks Pierce.
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Calif. Protected Species Law Changes: Real Fix Or Red Tape?
California's recent amendments to its "fully protected species" statutes create a temporary permitting regime intended to accelerate the building of renewable energy, transportation and water infrastructure in response to climate change — but the new legislation could become another obstacle to the projects it purports to benefit, says Paul Weiland at Nossaman.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Landlords Should Prep As WeWork Faces Potential Ch. 11
After years of financial trouble and the recent announcement that it has substantial doubt that it would be able to continue as a going concern, WeWork may have a bankruptcy filing in its future that would have a significant impact on landlords and other stakeholders who are owed money by the company, say attorneys at Cadwalader.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Key Drivers Behind Widespread Adoption Of NAV Financing
While net asset value-based lending has existed for years, NAV lending has only started to move into the mainstream recently — likely due to difficult market conditions faced by sponsors including persistent inflation, high interest rates and a lack of exit opportunities, say Matthew Kerfoot and Jinyoung Joo at Proskauer.
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Conn. Ruling Highlights Keys To Certificate-Of-Need Appeals
The Connecticut Supreme Court's recent decision in High Watch Recovery Center v. Department of Public Health, rejecting rigid application of statutes concerning certificate-of-need procedure, provides important guidance on building an administrative record to support a finding that a case is contested, say attorneys at Robinson & Cole.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.