Residential

Expert Analysis

• Tackling Judge-Shopping Concerns While Honoring Localism

  

  As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.

• How Attorneys Can Help Combat Anti-Asian Hate

  

  Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.

• Congress Needs To Enact A Federal Anti-SLAPP Statute

  

  Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.

• Banking Tips For Lending To Calif. Homeowners Associations

  

  With current financial markets and recent changes to California law putting a brighter spotlight on lending, banks should understand the special considerations involved in lending to homeowners associations and the various possible remedies in the event of a default, says Alex Grigorians at Hanson Bridgett.

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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.