Real Estate

  • April 17, 2024

    No Redo For Insurer In Hail Damage Dispute, Judge Says

    A Texas federal court refused to rethink its ruling denying an insurer's early win in a hail damage coverage dispute with a textile company, saying the insurer provided no new information that could change the court's finding or establish the court's manifest error.

  • April 17, 2024

    Manatt Adds NY Bankruptcy, Financial Regulatory Partners

    Manatt Phelps & Phillips LLP announced that it hired a pair of experienced New York-based attorneys who focus their practices on regulatory matters as partners in its bankruptcy and financial regulatory practices.

  • April 17, 2024

    Insurer Owes No More Water Damage Coverage, Court Says

    A Nationwide unit was required to pay only $5,000 to a Tennessee building's owner after water from a sewer or drain pipe backed up and overflowed within, a Tennessee federal court ruled, finding a water damage exclusion in the company's policy made a $5,000 sublimit applicable.

  • April 17, 2024

    9th Circ. Tosses $3.9M Tax Foreclosure Appeal As Premature

    The Ninth Circuit dismissed a man's challenge to a court order that he believed allowed the government to foreclose on his property to pay his son's tax liabilities of more than $3.9 million, saying Wednesday that the appeal was premature because the order wasn't final.

  • April 17, 2024

    4th Circ. Affirms No Shield From IRS For Home In Bankruptcy

    A North Carolina man who filed for bankruptcy protection and owes federal tax debt cannot shield the house he owns with his wife from the Internal Revenue Service, which is pursuing the asset as a creditor in the proceedings, the Fourth Circuit affirmed Wednesday.

  • April 17, 2024

    Goodwin Brings On Cooley Litigator In San Francisco

    Goodwin Procter LLP has expanded its litigation team, announcing Tuesday it brought in a longtime Cooley LLP trial attorney as a partner in its San Francisco office.

  • April 16, 2024

    Corp. Transparency Act A Valid Use Of Powers, 11th Circ. Told

    The U.S. Department of Treasury told the Eleventh Circuit that a federal district court erred in finding the Corporate Transparency Act unconstitutional, saying the lower court misunderstood the law's scope and relation to efforts to curb financial crime.

  • April 16, 2024

    Tribal Groups Want Full 9th Circ. To Rehear Oak Flat Appeal

    An Apache nonprofit is asking the Ninth Circuit's entire 29-judge panel to review its lawsuit that seeks to block a copper mining company from destroying a sacred Indigenous religious site, arguing that an en banc hearing is warranted given the appellate court's latest split decision on the land transfer.

  • April 16, 2024

    Trump, Insurer Defend $175M Bond In NY AG Case

    Donald Trump and the Delaware insurer that agreed to post the former president's $175 million bond in his civil business fraud case told a Manhattan judge that they have the money in cash, after New York Attorney General Letitia James questioned the sufficiency of the bond.

  • April 16, 2024

    Virginia Judge Tosses State Broadband Law Challenge

    The Association of American Railroads has lost its challenge to a Virginia federal law that gives broadband providers easier access to railroad property and that the group says constitutes illegal taking, after a judge knocked out all the suit's claims for various reasons.

  • April 16, 2024

    NY Outdoor Stadium Can Host Concerts During Noise Row

    A century-old outdoor stadium in New York where the Beatles once played can continue operating as it battles disgruntled neighbors after a state judge denied the residents' request for a preliminary injunction because they had not shown that noise from the stadium was unreasonable.

  • April 16, 2024

    Feds, PPG Reach $22.8M Deal To Clean Up NJ Superfund Site

    The U.S. Environmental Protection Agency unveiled a settlement with PPG Industries Inc. on Tuesday under which the company has agreed to cough up more than $22.8 million to cover the estimated future cleanup costs and maintenance at the Riverside Industrial Park Superfund Site in Newark, New Jersey.

  • April 16, 2024

    Hedge Fund Asks Court To Toss REIT's Suit In Takeover Row

    New York hedge fund Blackwells Capital LLC fired off the latest shot in its ongoing board takeover spat with a Texas-based hotel real estate investment trust, asking Monday for a federal judge to toss a lawsuit aimed at warding off the proxy contest.

  • April 16, 2024

    Tribes, Lawmakers Call On Biden To Protect Historic Sites

    A coalition of Native American tribal communities and federal lawmakers on Tuesday delivered a petition containing more than 800,000 signatures calling on the Biden administration to protect, expand and designate a slew of national monuments and sacred lands under the Antiquities Act.

  • April 16, 2024

    Companies Wrongly Found Insolvent, Texas Court Rules

    A Texas appeals court on Tuesday reversed a decision by a lower court that named two companies partially owned by a real estate developer that filed for bankruptcy as insolvent as well, saying a state court "abused its discretion" by putting the two entities in receivership.

  • April 16, 2024

    Claim That Hilton Insurance Spat Is Moot Surprises 11th Circ.

    Counsel for Affiliated FM Insurance Co. appeared to surprise an 11th Circuit panel Tuesday in arguing that the basis for a coverage denial claim brought by the two owner-operators of an Atlanta-area Hilton hotel is belied by the fact that the companies' insurance claims have been whittled down to nothing.

  • April 16, 2024

    Atty Sanction's 'Chilling Effect' Worries Mich. Justice

    A Michigan Supreme Court justice asked Tuesday whether upholding sanctions against an attorney who joined a case after earlier frivolous litigation would scare away lawyers from agreeing to represent clients in those situations, echoing concerns shared by the plaintiff and defense bars.

  • April 16, 2024

    Builder Ends EEOC Suit Accusing It Of Firing White Worker

    A manufactured-home builder will pay $135,000 to end a U.S. Equal Employment Opportunity Commission lawsuit accusing it of firing a white worker because he has a multiracial family and refused to take part in conversations belittling Black people, the agency said Tuesday.

  • April 16, 2024

    11th Circ. Asks If Undivided Settlement Can Still Be Covered

    An Eleventh Circuit panel seemed torn Tuesday on whether to allow insurance coverage for a $557,000 nonapportioned Georgia federal settlement that potentially included both covered theft and noncovered negligent deconstruction, awarded to a Georgia mill owner who hired the insured.

  • April 16, 2024

    High Court Sides With Texas Landowners In Takings Dispute

    The U.S. Supreme Court ruled Tuesday in favor of landowners in a dispute with Texas, finding the owners can pursue their takings claim pursuant to state law but leaving open a larger Fifth Amendment takings question.

  • April 15, 2024

    Structured Deposits Recalled In Ex-Ecuadorian Official's Trial

    A bookkeeper testified Monday in Miami federal court that he conducted a series of structured deposits and other suspicious transactions while working at a tile company owned by the son of Ecuador's former comptroller general, who's accused of laundering millions of dollars in bribes from Brazilian conglomerate Odebrecht SA.

  • April 15, 2024

    Enviro Groups Urge 9th Circ. To Uphold Ax Of DOI Land Swap

    Environmental groups and the National Congress of American Indians have thrown their support behind the Shoshone-Bannock Tribes in calling on the Ninth Circuit to uphold a lower court ruling that the federal government's land exchange with agribusiness J.R. Simplot Co. was unlawful.

  • April 15, 2024

    Oil Co. Warns NC Justices Of 'Unfair' Results In Taking Case

    An oil company and two other former plaintiffs from a settled state government land-taking proposed class action have warned the North Carolina Supreme Court that if the justices affirm an intermediate appellate ruling in a similar case, they would be reinforcing "unfair, unequal, disparate and divergent" treatment of property owners.

  • April 15, 2024

    Canadian Supplement Co.'s Sale Hits Ch. 15 Snag In Del.

    A Delaware bankruptcy judge appeared skeptical Monday that an American judge can weigh in on a dispute over rights to Canadian assets, as counsel for a troubled nutritional supplement supplier based in Canada argued for U.S. recognition of a sale order from an insolvency court in its home country.

  • April 15, 2024

    9th Circ. Says Court Must Consider Pay In Navajo Benefits Bid

    The Ninth Circuit has vacated a ruling that a Navajo Nation member failed to prove he was wrongfully denied relocation benefits after the U.S. gave his ancestral lands to the Hopi Tribe, with a split panel remanding the case to federal district court with instructions to consider evidence of his income.

Expert Analysis

  • Sale-Leasebacks May Provide A Safe Financing Alternative

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    Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.

  • 5 Recent Developments Family Offices Are Watching In 2024

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    Although family offices have long been exempt from many of the more onerous regulations and reporting requirements governing U.S. investment advisers and asset managers, recent amendments to federal rules will have an impact on how family offices invest and operate in 2024, say attorneys at Morgan Lewis.

  • A Challenging CRE Environment Holds Opportunities In 2024

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    As the commercial real estate market faces reduced occupancy levels and rising financing costs, the new landscape will be favorable to those who can leverage capital, strategic vision and expertise to meet challenges like taking on distressed properties and converting office space to residential use, say Nesa Amamoo and Vered Rabia at Skadden.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • A Difficult Year For CRE, But Future May Be Brighter

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    2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • 3 Developments That Will Affect Hospitality Companies In 2024

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    As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.

  • What WeWork's Ch. 11 Filing Means For Landlords

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    WeWork’s recent Chapter 11 filing in New Jersey has the potential to be one of the most consequential cases in the real estate industry in many years, and presents a number of issues for landlords, including unexpired leases, assumption, assignment and more, say attorneys at Mayer Brown.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Clean Water Act Jurisdiction Still Murky After A Choppy 2023

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    This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.

  • The 4 Top Philadelphia Commerce Court Opinions Of 2023

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    Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.

  • A Former Bankruptcy Judge Talks 2023 High Court Rulings

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    In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.

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