Residential

Expert Analysis

• Key Considerations For Appointing A Real Estate Receiver

  

  With commercial real estate loan distress expected to grow dramatically in the coming months, lenders should make sure to understand best practices for seeking appointment of a receiver over a defaulted property, say Dave Wald at Wald Realty Advisors and Mark Silverman at Locke Lord.

• NY Foreclosure Notice Ruling Is A Win For Lenders

  

  The New York Court of Appeals' decision this week in Bank of America v. Kessler, holding that including additional information does not void 90-day preforeclosure notices, will counteract the wave of foreclosure dismissals caused by the lower court's decision, say Diana Eng and Alina Levi at Blank Rome.

• 8 Steps To Improve The Perception Of In-House Legal Counsel

  

  With the pandemic paving the way for a reputational shift in favor of in-house corporate legal teams, there are proactive steps that legal departments can take to fully rebrand themselves as strong allies and generators of value, says Allison Rosner at Major Lindsey.

• Procedure Rule 7.1 Can Simplify Litigators' Diversity Analysis

  

  A recent amendment to Federal Rule of Civil Procedure 7.1 will help trial courts determine whether the parties to a case are diverse, and may also allow litigators to more quickly determine whether they can remove certain cases to federal court, says Steve Shapiro at Schnader Harrison.

• Questions Surround NY's Controversial New Foreclosure Law

  

  A new law revising New York's statute of limitations governing foreclosure actions, signed into law in December, contains some ambiguous phrasing that has sparked disputes between borrowers and lenders, and will undoubtedly lead to extensive litigation, say Christina Livorsi and Alfred Marks at Day Pitney.

• What To Expect From The House Select Committee On China

  

  Although the U.S. House of Representatives' new select committee on China cannot act on legislation, its bipartisan mandate may enable it to establish the conditions necessary for legislation to be adopted — or not — by Congress' other committees of jurisdiction, say attorneys at Arnold & Porter.

• New AML Law May Be Key Tool To Enforce Russia Sanctions

  

  A new anti-money laundering law for the first time authorizes monetary rewards for tips leading to government enforcement against certain sanctions violations, and though many questions remain, it gives the U.S. an additional tool in the ongoing global battle against Russian aggression, say Daren Firestone and Kimberly Wehle at Levy Firestone.

• Atty Conflict Discussions In Idaho Murder Case And Beyond

  

  A public defender's representation of the accused University of Idaho murderer after prior representation of a victim's parent doesn't constitute a violation of conflict of interest rules, but the case prompts ethical questions about navigating client conflicts in small-town criminal defense and big-city corporate law alike, say Hilary Gerzhoy and Charles Loeser at HWG.

• Why The Original 'Rocket Docket' Will Likely Resume Its Pace

  

  Though the Eastern District of Virginia, for decades the fastest federal trial court in the country, experienced significant pandemic-related slowdowns, several factors unique to the district suggest that it will soon return to its speedy pace, say Dabney Carr and Robert Angle at Troutman Pepper.

• How Gov't Enviro Justice Push May Affect Developers

  

  Attorneys at Crowell & Moring contextualize the U.S. Environmental Protection Agency's recent guidance on environmental justice and permitting decisions, and the U.S. Department of Energy's requests for input on using grants to achieve EJ goals, highlighting practical implications for project developers and other industry participants.

• The Discipline George Santos Would Face If He Were A Lawyer

  

  Rep. George Santos, who has become a national punchline for his alleged lies, hasn't faced many consequences yet, but if he were a lawyer, even his nonwork behavior would be regulated by the American Bar Association's Model Rules of Professional Conduct, and violations in the past have led to sanctions and even disbarment, says Mark Hinderks at Stinson.

• FinCEN Report Holds Key Russia-Linked Risk Considerations

  

  A recent report from the Financial Crimes Enforcement Network reminds financial institutions to review guidance issued on reporting Russia-linked suspicious activity, emphasizing the need to review anti-money laundering and sanctions monitoring processes to remain adaptive to global developments, say Siana Danch and Peter Hardy at Ballard Spahr.

• A Litigation Move That Could Conserve Discovery Resources

  

  Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.