Real Estate

  • April 24, 2017

    Mortgage Servicer Tricked Customers, CFPB Says At Trial

    The Consumer Financial Protection Bureau told a California federal judge at the beginning of a bench trial Monday that Nationwide Biweekly Administration Inc. violated consumer protection laws by suggesting it was affiliated with homeowners’ mortgage providers and hiding its fee structure in deceptive mailers and sales calls.

  • April 24, 2017

    HK Judge Awards Costs Over Tossed Arbitral Award

    A Hong Kong judge on Friday awarded a Cayman Islands holding company most of its litigation costs related to a disputed RMB 10 million ($1.45 million) arbitral award tossed by the court more than two years ago.

  • April 24, 2017

    Pa. Appeals Court Won't Upend Drill Rights In Family Drama

    A Pennsylvania appeals court issued a published decision on Friday rejecting arguments that a decades-old deed reserving oil and gas rights for a Pittsburgh-area man’s wife was invalid because she was an effective stranger to the transaction.

  • April 24, 2017

    Master Rejects UBS Bid To Ax Some US Bank Loan Claims

    A special master appointed to help resolve U.S. Bank NA’s claims that a UBS AG unit breached its duty to repurchase some 9,300 residential mortgages that didn’t measure up to warranties rejected the Swiss bank’s bid to assert victory over several types of disputed loans Friday in New York federal court.

  • April 24, 2017

    Montreal Synagogue Eviction Dispute Sent To NY Arbiters

    A Quebec judge referred a Montreal landlord’s attempt to evict a Jewish congregation to a New York rabbinical court, as dictated by a 2002 agreement, as the judge ruled a change in ownership and lapse in term did not end the agreement.

  • April 24, 2017

    Real Estate Rumors: Equity Office, Duke, Pistilli

    Blackstone Group affiliate Equity Office has reportedly reached a deal to lease 23,356 square feet of space in Manhattan to Cyrus Capital Partners, Duke Realty is said to have dropped nearly $80 million on two Miami-area industrial parks and Pistilli Realty has reportedly picked up a Bronx multifamily portfolio for $38.5 million.

  • April 24, 2017

    Convicted Ex-NBA Player Can't Revive Property Lien Row

    The Third Circuit on Monday rejected efforts by incarcerated former NBA player C. Tate George to revive his suit against the East Orange, New Jersey, housing agency over failed development plans, finding George was too late bringing his claims that the agency concealed a lien on the property at issue.

  • April 24, 2017

    5 Cos. Launch IPOs Surpassing $1.8B As Deals Accelerate

    Five companies, including two energy issuers, two biotech firms and a California real estate developer, launched initial public offerings estimated to exceed $1.8 billion on Monday, building on a steady momentum of deals that has jump-started second-quarter IPO activity.

  • April 24, 2017

    NorthWest Bids For Generation REIT With 10% Premium

    An entity of NorthWest Healthcare Properties Real Estate Investment Trust has made an offer to acquire the 77 percent of Generation Healthcare REIT it doesn't already own in a deal that values the Australian company at close to AU$500 million ($378 million), according to an announcement by the prospective buyer Monday.

  • April 24, 2017

    NYC-Area Spiro Harrison Opens 2nd NJ Office

    Spiro Harrison announced Monday that it will establish an office in Red Bank, New Jersey, bringing the firm, which focuses on general litigation and general counsel services for medium-sized companies, closer to clients in the real estate, health care and financial services sectors in Monmouth County.

  • April 24, 2017

    Jersey City Wins 2nd Try In Clash Over Historic Theater

    A New Jersey appeals court on Monday undercut a win for a nonprofit organization in its suit against Jersey City over the management of a historic theater, saying a lower court was too quick to reject arguments that the group violated its lease with the city.

  • April 24, 2017

    Paul Hastings Steers JPMorgan's $90M Manhattan Loan

    Paul Hastings LLP represented JPMorgan Chase Bank NA in connection with its $90 million loan to Wildenstein & Co. for a property on Madison Avenue in Manhattan where Bottega Veneta has a flagship store, according to records made public in New York on Friday.

  • April 24, 2017

    RLJ Nabs FelCor To Form $4.2B Lodging REIT

    Maryland-based RLJ Lodging Trust will snap up fellow real estate investment trust FelCor Lodging Trust Inc. to create a lodging REIT heavyweight with a $4.2 billion market capitalization, boosting RLJ’s network of hotels and growing its geographical footprint, according to a Monday statement.

  • April 24, 2017

    Investcorp Drops $160M On Chicago, Boston Properties

    Investcorp's U.S. real estate division has invested roughly $160 million in a portfolio of six industrial properties in the metro Boston and Chicago areas, according to an announcement on Monday.

  • April 24, 2017

    Dentons Real Estate Chair Sees Care, Creativity From Lenders

    Facing uncertainty about future regulations, real estate lenders are finding creative ways to get deals done now while minimizing risk later, including keeping assets on the books for shorter periods of time, David Hall, co-chair of Dentons' U.S. real estate practice, told Law360 in a recent wide-ranging interview.

  • April 21, 2017

    $50M Howard Hughes CEO Share Warrant Sparks Lawsuit

    Howard Hughes Corp. investors sued late Thursday to block a proposed, $50 million share purchase warrant award to the real estate developer’s CEO, telling a Delaware Chancery Court that stockholders were left “totally in the dark” about the board-approved benefit.

  • April 21, 2017

    Insurer Can't Dodge Metal Pollution Coverage, NJ Panel Says

    The New Jersey Appellate Division on Friday affirmed that Greater New York Insurance entities must cover a real estate developer’s cost to clean up metal contamination, finding among other things that groundwater remediation didn’t fall within an exemption in the polluter’s policy.

  • April 21, 2017

    Korean Co. Loses Bid For Arbitration In Resort Sale Dispute

    A Korean hotel company must answer allegations of fraud and breach of fiduciary duty from a minority shareholder in a Northern Mariana Islands golf resort owned by the company in commonwealth court, a federal judge ruled Thursday, rejecting the company’s move to compel arbitration.

  • April 21, 2017

    Avesta Snags $95M In Loans For Miami Multifamily Buy

    Avesta Communities, a real estate company that focuses on properties in Texas and Florida, secured $94.7 million in loans for its purchase of a North Miami multifamily property, commercial real estate lender Walker & Dunlop Inc. said in a Friday statement.

  • April 21, 2017

    Grassley Probes FBI's EB-5 Fraud Allegations

    Sen. Chuck Grassley is launching his own inquiry into an allegedly fraudulent EB-5 investor center, requesting more information Thursday from the U.S. Department of Homeland Security about a California attorney and her father accused of helping fugitives get visas through the program.

Expert Analysis

  • Protecting Communications From PR Privilege Issues

    Donna Fisher

    Two recent opinions out of Pennsylvania and California state courts offer important lessons for avoiding claims of privilege waiver when using public relations consultants during litigation, say attorneys with Pepper Hamilton LLP.

  • Another Way To Challenge Standing In Data Breach Cases

    David Cohen

    A common tactic in defending federal consumer data breach litigation is challenging the plaintiff’s standing on a motion to dismiss. Most such challenges are “facial,” but a California federal court's decision in Foster v. Essex Property demonstrates an additional avenue — a so-called “factual” challenge to standing, which is based on evidence, say David Cohen and Ani-Rae Lovell of Ropes & Gray LLP.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    Catch up if you missed last week's special series spotlighting general counsel at four firms and the issues they encounter in an increasingly complex legal environment.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Limitation Of Liability Provisions In EPC Contracts

    Excerpt from Lexis Practice Advisor
    Joseph E. Ruccio III

    As in any type of contract, there are certain provisions in engineering, procurement and construction contracts that are often heavily negotiated and which are essential for all parties to understand. Jed Ruccio of McCarter & English LLP discusses limitation of liability considerations such as the amount of the limitation, tying the amount to insurance coverage and exclusions from the limitation.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.