Residential
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August 27, 2024
New Jersey Laws Attorneys Need To Know In 2024
New Jersey Gov. Phil Murphy has signed contentious new bills into law recently that attorneys and business owners are adjusting to, including updates to the state's Open Public Records Act that make "fee shifting" more difficult, and a new wage requirement for temporary workers.
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August 26, 2024
LA To Pay $38.2M In FCA Suit Alleging Inaccessible Housing
The city of Los Angeles will pay $38.2 million to settle allegations it knowingly failed, for over a decade, to ensure federally funded affordable multifamily housing properties were accessible to people with disabilities, the U.S. Department of Justice announced Monday.
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August 26, 2024
Businessmen Say Feds' Ky. Tower Seizure Suit Can't Proceed
Two Miami businessmen have objected to a federal magistrate judge's recommendation opposing their attempt to toss litigation by the U.S. government as it looks to seize about $9.1 million from the sale of a Kentucky office tower, saying the United States can't prove its case.
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August 26, 2024
Zillow Investors Gain Class Cert. In Suit Over Home-Flipping
A Washington federal judge has certified a proposed class of investors suing Zillow, alleging they were misled about the performance of the real estate marketplace's home-flipping program, and has appointed two firms as lead and local counsel.
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August 26, 2024
Tetra Tech Accuses Atty Of Mistreating Witness In FCA Row
Tetra Tech EC Inc. claimed that an attorney representing a developer accusing it of fraud had mistreated a witness during a deposition hearing, pressing a California federal court to order the release of recordings capturing the alleged misconduct.
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August 26, 2024
Attorneys Break Down DOJ's RealPage Antitrust Suit
The U.S. Department of Justice's lawsuit alleging RealPage, a commercial real estate services company favored by institutional landlords, helped manipulate the rental market contains several positive developments for landlords named in price-fixing suits brought by tenants.
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August 26, 2024
Fla. Court Sets Contempt Hearing On Alleged Condo Demolition
A Florida state court has scheduled a Sept. 12 evidentiary hearing after a group of Miami condominium unit owners sought to hold a developer in civil contempt for allegedly flouting a stay order by still trying to demolish the condo.
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August 26, 2024
11th Circ. Won't Revive JPMorgan Chase Whistleblower Suit
The Eleventh Circuit on Monday refused to revive a whistleblower suit against JPMorgan Chase Bank NA for allegedly forging mortgage loan documents and submitting false reimbursement claims to Fannie Mae and Freddie Mac, finding the allegations had already been publicized prior to the lawsuit.
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August 26, 2024
9th Circ. Won't Renew Seattle Homeowners' Insurance Row
A group of Seattle homeowners cannot force Security National Insurance Co. to help cover a nearly $617,000 default judgment in an underlying construction defect dispute against its insured, the Ninth Circuit ruled, finding exclusions barring coverage for new construction applicable.
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August 26, 2024
Fox Rothschild Lands Condo Team From Armstrong Teasdale
A team of 10 real estate attorneys from Armstrong Teasdale LLP have jumped to Fox Rothschild LLP, where they'll form the core of a new practice, the firm said Monday.
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August 26, 2024
At Bradley Arant, Ex-Healthcare GC Heeds 'No Surprises' Rule
A former general counsel at home health provider Aveanna Healthcare has returned to private practice as a partner in the healthcare and real estate practices at Bradley Arant Boult Cummings LLP, and is vowing not to surprise his in-house clients with surprise legal bills — now that he's on the other side of the business.
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August 26, 2024
Haber Law Continues Growth With Team From Beloff Law
Miami's Haber Law is continuing its growth spurt with the addition of a team from Beloff Law PA, including its founder, with 50 years of experience in real estate law.
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August 26, 2024
NY Nursing Homes Can't Duck AG's $83M Fraud Suit
A New York judge shot down a bid by four nursing homes and their operators to dismiss the state attorney general's claims that they defrauded Medicare and Medicaid and neglected residents.
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August 26, 2024
NYC Real Estate Week In Review
Neal Gerber, Fried Frank and DLA Piper are among the law firms that handled the largest New York City real estate deals that hit public records last week, a busy period that saw two transactions above the $300 million mark become public.
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August 23, 2024
Property Plays: KKR, NYC, GSA
Property Plays is a weekly roundup of the latest loans, leases, sales and projects around the country. Send your tips — all confidential — to realestate@law360.com.
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August 23, 2024
PE Fund Says SEC Is Overstepping With 'Fishing Expedition'
A large South Carolina private equity fund has sued the U.S. Securities and Exchange Commission for allegedly overstepping its authority by trying to regulate the business' activities through an unconstitutional "fishing expedition" investigation that threatens the building of thousands of housing units.
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August 23, 2024
Wire Verification Not Vital In Fla. Fraud Suit, Wells Fargo Says
Wells Fargo urged a Florida federal court Friday to toss a lawsuit alleging the bank allowed a hacker to steal a real estate transaction's proceeds, saying there's no obligation to match a wire beneficiary to their account, and it didn't know the transfer was fraudulent because the process is automated.
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August 23, 2024
2 Firms Guide JV's $210M Refi For NYC Affordable Housing
Real estate company Slate Property Group and its joint venture partner Fundamental Advisors on Friday wrapped up a $210 million refinancing deal for their 304,000-square-foot portfolio of New York City-based affordable and transitional housing properties, in a transaction guided by Seyfarth Shaw LLP and Cadwalader Wickersham & Taft LLP.
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August 23, 2024
Brokerage Startup Challenges NAR Listing Rules
A Utah-based residential brokerage startup has accused the National Association of Realtors, an affiliated Utah multiple listing service and several major brokerages including Keller Williams Realty Inc. of engaging in an antitrust conspiracy that involved the defendants blocking the startup from accessing the NAR's MLS because the startup offers cheaper commission fees.
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August 23, 2024
Insurer Scores Coverage Win Over Retaining Wall Failure
A contractor's insurer has no duty to help cover a $2.66 million settlement over the contractor's faulty construction of retaining walls, a Washington federal court ruled, finding an "impaired property" exclusion applicable.
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August 23, 2024
US Trying Illegal Property Grab For Dad's Tax Debt, Son Says
The son of a man serving a 22-year fraud sentence told a Georgia federal court that the federal government is violating his constitutional rights in trying to take his property to satisfy his parents' tax debts, saying he had nothing to do with his father's crimes.
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August 23, 2024
Williams Mullen Rehires Ellis & Winter Atty In NC
Williams Mullen has brought back a former associate, who is rejoining the firm's Raleigh, North Carolina, team as a partner to work on a range of commercial real estate-related matters.
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August 23, 2024
DOJ Sues RealPage For Helping Fix Rental Rates
The U.S. Department of Justice filed an antitrust lawsuit Aug. 23 accusing RealPage of helping residential landlords across the country fix rental prices through the use of its revenue management software.
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August 22, 2024
Homeowner Loses Atty Fees In Suit Over HOA Fence Policy
A Texas appeals court reversed a homeowner's win in a dispute with his neighbors over privacy fences facing a road, finding that a new state law prevents homeowners associations from enacting any covenant barring homeowners from putting up security measures, so the homeowner couldn't collect attorney fees.
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August 22, 2024
NY Agency Defends Real Estate Plays And Tracking Amid Review
New York's Empire State Development pushed back against an audit from the Office of the New York State Comptroller finding that ESD filed inaccurate reports about its real estate properties and sold off a number of them for too little money.
Expert Analysis
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Key Provisions In Florida's New Insurer Accountability Act
Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.
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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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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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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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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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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.
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Beware Unique Compliance Risks In Home Equity Lending
As borrowers increasingly look to junior-lien mortgages and home equity lines of credit instead of first-lien mortgages, regulators will pay increased attention in turn and lenders will have to watch for a number of legal and regulatory pitfalls as they rush to meet this newfound demand, say attorneys at Orrick.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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New AI Lending Tech Could Exacerbate Old Bias Risks
As credit and mortgage lending businesses increasingly utilize artificial intelligence technology to help make decisions, they must be aware of the legal risks that may arise under familiar anti-discrimination laws, say Kali Bracey and Grace Wallack at Jenner & Block.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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AI Road Ahead Is Promising For Cautious Fintechs
Financial institutions should understand the conceptions and misconceptions about artificial intelligence likely to influence regulators, and proactively study potential adverse impacts and establish use case strategies and other guardrails for deploying AI, say attorneys at Jones Day.