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Expert Analysis

• Ohio Ruling Leaves Mineral Rights Standard Intact, But Vague

  

  The Ohio Supreme Court's recent decision in Gerrity v. Chervenak rejected any bright-line rule for what surface property owners must do to establish that mineral rights holders have abandoned their claims, leaving questions about what constitutes reasonable diligence, say Michael Brewster and Christopher Rogers at Frost Brown.

• Construction Insureds Should Beware Faulty Work Exclusions

  

  A South Carolina federal court's recent decision in Cincinnati Insurance v. Charlotte Paint, narrowly construing a key phrase commonly found in property damage exclusions, highlights a litigation strategy that policyholders should be prepared to push back against in future cases, say Catherine Doyle and David Kroeger at Jenner & Block.

• How Oregon Landlords Can Navigate Shifting Eviction Rules

  

  The frequency and overlapping nature of legislation restricting Oregon landlords' eviction rights during the pandemic create compliance challenges, but exploring alternate avenues of financial relief can help, says Ciaran Connelly at Ball Janik.

• Blockchain Holds Potential For Commercial Real Estate

  

  Blockchain-based tokenization of commercial real estate has the capacity to bring about a paradigm shift in how real estate finance is conducted, as lower intermediary costs and minimum investment requirements unlock trillions of dollars in illiquid global real estate assets, says Josh Morton at Pillsbury.

• The Most-Read Securities Law360 Guests Of 2020

  

  The most-read securities articles written by Law360 guest experts in 2020 centered around market volatility triggered by COVID-19; remote testimony considerations as courtroom proceedings moved online; and risk and compliance issues related to the Coronavirus Aid, Relief and Economic Security Act.

• 5 Article III Takeaways From 7th Circ.'s FDCPA Ruling Frenzy

  

  The Seventh Circuit's five recent rapid-fire decisions on plaintiffs' standing in Fair Debt Collection Practices Act cases highlight the importance of scrutinizing alleged injuries, and go a long way in clarifying the Article III analysis in similar statutory-based putative class actions, say Thomas Shriner and Aaron Wegrzyn at Foley & Lardner.

• Texas Bankruptcy Ruling May Weaken Rent Abatement Args

  

  A recent Texas bankruptcy court's decision denying pandemic-related rent abatement for CEC Entertainment's Chuck E. Cheese restaurants may weaken tenants' arguments regarding force majeure and frustration in similar cases, say attorneys at Cleary Gottlieb.

• House Wish List Hints At Financial Services Priorities

  

  Not all of the U.S. House of Representatives’ recent recommendations on financial regulation for the Biden administration will come to fruition, but the extensive list offers a glimpse into the House's financial services agenda for the coming term, say Aaron Cutler and Ashley Hutto-Schultz at Hogan Lovells.

• EPA Groundwater Guidance Fails To Answer Key Questions

  

  Recent U.S. Environmental Protection Agency guidance on the U.S. Supreme Court's County of Maui v. Hawaii Wildlife Fund decision on permits for indirect groundwater discharges leaves technical questions on when and how to perform evaluations unanswered, making it of little practical value, says Marcia Greenblatt at Integral Consulting.

• Judges On Race: The Path To A More Diverse Bench

  

  To close the diversity gap between the judiciary and the litigants that regularly appear in criminal courts, institutions including police departments, prosecutor offices and defense law firms must be committed to advancing Black and Latino men, says New York Supreme Court Justice Erika Edwards.

• NY Must Uproot Old Laws To Make Real Climate Progress

  

  New York leads the nation in its efforts to confront climate change, but to fully realize the state's environmental ambitions, policymakers must update laws that encourage continued fossil fuel consumption, say Justin Gundlach at New York University School of Law and Elizabeth Stein at the Environmental Defense Fund.

• Kentucky Tax Talk: What's On Next Year's Legislative Agenda

  

  As the Kentucky Legislature gears up for its 2021 session, taxpayers should watch out for several proposed changes, including property tax assessment modifications and sector tax breaks, say attorneys at Frost Brown.

• Fla. High Court Should Uphold Bad Faith Rule For Insureds

  

  Contrary to a recent Law360 guest article's argument, when the Florida Supreme Court decides Citizens Property v. Manor House, it should support the statute that requires insureds to file a bad faith action in damages disputes to stay consistent with legislative intent and decades of precedent, says Damien Reynolds at Shutts & Bowen.