Residential

  • April 12, 2024

    KB Home's 'Emeritus' Director Bylaw Invalid, Chancery Rules

    A KB Home bylaw that allowed the homebuilder's board to unilaterally shift an acting director into a non-functioning "emeritus" role without conducting a stockholder vote is invalid under Delaware law, a Delaware Chancery Court judge said Friday, siding with a shareholder who challenged the rule.

  • April 12, 2024

    SEC Says Developer Pulled EB-5 Funds From Nursing Homes

    The U.S. Securities and Exchange Commission accused a Las Vegas developer of using $10 million raised by overseas investors hoping to immigrate to the U.S. to pay down a loan for a project unconnected to their immigration applications.

  • April 12, 2024

    Vermont Attys Can't Be Sued In Connecticut, Court Says

    Two Vermont firms that handled the sale of a Connecticut man's second home near a Vermont ski town cannot be sued in Connecticut because the lawyers' business models and the disputed cash transfers that spurred the litigation were not sufficiently directed toward Connecticut, a three-judge appellate panel ruled on Friday.

  • April 12, 2024

    Justices Back Property Owner In Dispute Over Permit Fees

    The U.S. Supreme Court ruled Friday that a $23,420 local traffic impact fee charged to a California property owner's rural manufactured home isn't exempt from scrutiny as a Fifth Amendment taking simply because the charge is allowed by legislation.

  • April 11, 2024

    Colo. Developer Sues Over Remodeling Impact Fees

    A Colorado developer has accused Pitkin County's Board of Commissioners in Colorado federal court of wrongfully charging impact fees on the remodel of a residential property.

  • April 11, 2024

    Okla. City Officials Clear Hurdle For Planned 1,900-Foot Tower

    Oklahoma City Planning Commission members recommended approval for zoning Thursday to allow unlimited height on a site where a developer announced plans to build the tallest tower in the U.S., but not without cracking jokes about what would happen if a tornado landed nearby.

  • April 11, 2024

    NY Appeals Court Nixes Chelsea Hotel Tenant's Rent Suit

    A New York appeals court unanimously backed a lower court's ruling that denied a Chelsea Hotel tenant's bid for rent stabilization for his studio apartment.

  • April 11, 2024

    Maine Eliminates Municipal Property Tax Levy Limits

    Maine will no longer set limits on the amount that local municipalities can increase property taxes by each year as part of a law signed by the state's governor.

  • April 11, 2024

    11th Circ. Says Insurer Owes Defense In Home Damage Suit

    A general contractor's insurer must defend it against claims that it abandoned the construction site of a custom-built home, the Eleventh Circuit ruled Thursday, rejecting the insurer's reliance on two exclusions barring coverage for damage to "that particular part" of property the contractor worked on and corresponding repairs.

  • April 11, 2024

    Proskauer Adds Kirkland Partner For Tax, Estate Issues

    Proskauer Rose LLP has added to its private client services department a partner from Kirkland & Ellis LLP who specializes in developing domestic and international tax and estate plans for clients with very high net worth, the firm announced.

  • April 11, 2024

    Houston Atty Beats Real Estate Deal Malpractice Suit

    In a split decision Thursday, a Houston attorney accused of malpractice was handed a win by the majority of a three-justice Lone Star State appellate panel that cleared her of negligence in connection with a 2014 contract inked between the owner of a property management company and a pair of apartment complex investors, finding that she obtained no "improper benefit" from representing both sides.

  • April 11, 2024

    Treasury Proposes Steeper Foreign Investment Law Penalties

    The U.S. Department of the Treasury issued a notice Thursday proposing to sharpen its procedures and enforcement practices for reviewing foreign investment deals for national security issues, according to an announcement.

  • April 11, 2024

    Akerman Adds Another Real Estate Litigator In NYC Office

    Akerman LLP has hired a litigator who focuses his practice on a range of real estate matters and is joining the firm's New York City office as a partner, the firm announced Wednesday.

  • April 10, 2024

    Nixon Peabody Hires 3 Attys For Boston Land Use Team

    Nixon Peabody LLP hired three former Sullivan & Worcester LLP real estate attorneys based in Boston for its permitting and land use team, the firm announced Wednesday.

  • April 10, 2024

    NC Justices Doubt Homeowner's Attic Fall Suit Can Go To Jury

    The North Carolina Supreme Court appeared likely Wednesday to rule against a homeowner who fell through an attic hole left by a builder, with the justices suggesting her actions may have played a part in her injury.

  • April 10, 2024

    DOJ, La. Nursing Home Owner Settle FHA Loan Fraud Claims

    A Louisiana nursing home owner reached a deal with the U.S. Department of Justice to end a lawsuit accusing him of misusing funds and assets for his Federal Housing Administration-insured facilities before and after Hurricane Ida.

  • April 10, 2024

    McDonald Carano Leader Sees Parties Abusing Force Majeure

    Force majeure provisions in construction contracts, which have been given increased attention since the onset of COVID-19, are now being abused by parties as a way to try to shirk responsibility, a construction leader at McDonald Carano LLP told Law360.

  • April 10, 2024

    KKR, Inovia Lead Rental Platform Guesty To $130M Series F

    Short-term rental platform Guesty said Erdinast Ben Nathan Toledano & Co. advised as it has raised $130 million in its Series F funding round in a bid to grow its reach, with representatives from new investors KKR and Inovia Capital joining the company's board.

  • April 10, 2024

    Real Estate Fund Raising Still Muted With $14B Bagged In Q1

    The biggest funds to close in the first three months of 2024 showed that investors are banking on multifamily, industrial and hospitality assets to net returns as the commercial real estate industry continues to hiccup, while capital raising overall is down compared to prior quarters.

  • April 10, 2024

    Eversheds Sutherland Gains Baker Hughes RE Ace In Houston

    Eversheds Sutherland announced Wednesday that it had added a counsel to its real estate practice in Houston who joined after more than a quarter-century working in-house for energy technology company Baker Hughes.

  • April 10, 2024

    Real Estate M&A Is Down, But Perhaps Not For Long

    Mergers and acquisitions activity in the U.S. real estate industry was quieter than usual in the first quarter of the year, with 14 transactions closing at a combined total of nearly $3 billion, but signs indicate that more deals may be coming down the pipeline.

  • April 10, 2024

    BigLaw Real Estate Varies Widely On Gender Diversity

    In March, Women's History Month, Law360 looked at gender diversity among the real estate groups at 20 large law firms and found that those firms vary widely on that point.

  • April 09, 2024

    Quinn Emanuel, Davidoff Hutcher Sued Over Mansion Sale

    The trustee for a bankrupt entity once owned by HFZ Capital Group has sued Quinn Emanuel Urquhart & Sullivan LLP and Davidoff Hutcher & Citron, seeking to claw back up to $2 million the firms allegedly fraudulently received from a $45 million Hamptons mansion sale linked to developer Nir Meir.

  • April 09, 2024

    NYC Developers Get $270M In Financing For Brooklyn Project

    The Gotham Organization, Monadnock Development and the Christian Cultural Center obtained $270 million in construction financing for the first phase of their mixed-use Innovative Urban Village project in Brooklyn, New York, according to an announcement.

  • April 09, 2024

    Hawaiian Electric Brass Hit With Suit Over Wildfire Preparation

    A Hawaiian Electric Industries Inc. shareholder has alleged in a derivative suit that the company's executives and directors knew that it was not prepared for last year's deadly Maui wildfire, which caused reputational and financial damage to the company.

Expert Analysis

  • Some Client Speculations On AI And The Law Firm Biz Model

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    Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.

  • How Rent Proposals May Affect Most Populous Md. County

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    Of the various legislative changes concerning rent controls and property taxes that are being considered in Montgomery County, Maryland, comparatively milder controls are likely to prevail, but even these lenient measures may make it more difficult for the county to fulfill its needs for new housing, says Michael Murray at Greysteel.

  • A Lawyer's Guide To Approaching Digital Assets In Discovery

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    The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.

  • High Court's Ethics Statement Places Justices Above The Law

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    The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

  • Texas Justices' PNC Opinion Clarifies Subrogation Questions

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    Thanks to the sorely needed clarification provided by the Texas Supreme Court in PNC Mortgage v. Howard, a home equity lender now has a better understanding of what it can do when its own lien is constitutionally invalid but is either equitably or contractually subrogated to a prior lien, say Daron Janis and Dave Foster at Locke Lord.

  • Assessing The Reach Of 9th Circuit's Natural Gas Ruling

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    The Ninth Circuit's recent decision in California Restaurant Association v. Berkeley, affirming that the Energy Policy and Conservation Act preempts certain state and local natural gas bans, may chill other efforts to limit usage of natural gas and raises important questions for utility companies, natural gas consumers and policymakers to consider, say attorneys at Greenberg Traurig.

  • Time For Law Schools To Rethink Unsung Role Of Adjuncts

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    As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

  • Ch. 13 Ruling Issues Warning To Mortgage Servicers

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    The Ninth Circuit Bankruptcy Appellate Panel’s recent ruling in Orlansky, which held that the mortgage servicer violated the automatic stay in its post-petition communication to debtors, suggests that circuit bankruptcy courts may more closely scrutinize how certain fees are presented in monthly statements, say Justin Paget and Jennifer Wuebker at Hunton.

  • Using Synthetic Securitization In Residential Mortgage Loans

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    In light of a recent Federal Reserve report emphasizing the importance of maintaining sufficient capital positions, banking organizations should consider using synthetic securitization to help mitigate capital charge associated with residential mortgage loan portfolios, say attorneys at Mayer Brown.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

  • How Cities Can Tackle Post-Pandemic Budgeting Dilemmas

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    Due to increasing office vacancies around the country, cities may consider politically unpopular actions to avoid bankruptcy, but they could also look to the capital markets to ride out the current real estate crisis and achieve debt service savings to help balance their budgets, say attorneys at Cadwalader.

  • What Associates Need To Know Before Switching Law Firms

    Excerpt from Practical Guidance
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    The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

  • FHFA Plans Forecast The Year Ahead In Affordable Housing

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    This year attorneys in the affordable housing sector can expect to see developers utilizing the financing tools included in Freddie Mac and Fannie Mae's updated equitable housing finance plans, including various sponsor-elected programs and Freddie's forward commitment initiative, say Evan Blau and Beth Budnick at Cassin & Cassin.