Real Estate

  • June 27, 2017

    REIT Ex-CFO 'Harmonized' Key Metric In Filings, Jury Hears

    The ex-CFO of American Realty Capital Properties spent Tuesday afternoon on his heels in his New York federal fraud trial, telling the jury that he changed the number of shares used to calculate a key metric to “harmonize” a method change with previously reported information.

  • June 27, 2017

    Employers May Regret Forcing Dodd-Frank Whistleblower Test

    While the U.S. Supreme Court may take a narrow view of the Dodd-Frank Act’s protections for whistleblowers by limiting them to those who report violations to the SEC, experts say such a decision could be a “Pyrrhic victory” for employers, as employees who would otherwise report violations internally may be forced into the agency’s arms.

  • June 27, 2017

    George Lucas' Museum Gets Go-Ahead From LA City Council

    The Los Angeles City Council made it official with “Star Wars” creator George Lucas, voting unanimously Tuesday to approve his $1 billion Lucas Museum of Narrative Art and giving it a home in the City of Angels after years of litigation and negotiation with Chicago and San Francisco.

  • June 27, 2017

    Bankrupt Payless Expands Store Closure Plans, Again

    Payless Holdings LLC received permission Tuesday in Missouri bankruptcy court to embark on a third round of store closures, paving the way for the closure tally to approach 700.

  • June 27, 2017

    NJ Atty Sued For Malpractice Over Lost $1M Realty Deposit

    A real estate company has sued its onetime attorney in New Jersey state court for allegedly failing to include financing and environmental review conditions into the contract for its planned purchase of an industrial building, leading to the loss of a $1 million deposit when the sale collapsed.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    Fannie Mae Beats Contractor's Whistleblower Suit At DC Circ.

    A contractor who claimed she was frozen out by Fannie Mae because she blew the whistle on a mortgage relief program that wasted taxpayer dollars had her appeal rejected by the D.C. Circuit on Tuesday, with the court saying Fannie can't be sued for retaliation like the government can.

  • June 27, 2017

    Real Estate Rumors: Robert Buford, East End, Berkshire

    A venture that includes Planned Property Management's Robert Buford is said to have dropped $100 million on a Chicago apartment tower, an East End Capital venture has reportedly scored a $57.9 million loan for a Florida residential and retail project and Berkshire Group is said to have bought a Florida apartment complex for $100 million.

  • June 27, 2017

    Private Parties Can Sue To Enforce Local Pa. Land-Use Laws

    Weighing in on a family’s claims over allegedly unauthorized development on a neighboring property, a Pennsylvania appeals court issued a published ruling on Tuesday finding that private parties can file suit to enforce local land-use ordinances.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

  • June 27, 2017

    The Sharpest Dissents From This Supreme Court Term

    While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.

  • June 27, 2017

    EXCLUSIVE: Downtown Los Angeles Hilton Sells For $115M

    The 430-room DoubleTree by Hilton in downtown Los Angeles has sold to a foreign buyer for $115 million, Law360 has learned.

  • June 27, 2017

    State Law Prevails In Fla. Eminent Domain Case, Judge Says

    Property owners whose land will be taken in order to build the Sabal Trail Transmission LLC’s natural gas pipeline should be compensated under Florida’s more generous law instead of under federal rules, a Florida federal judge decided on Tuesday, declining the pipeline company’s bid for a quick win on the issue.

  • June 27, 2017

    11th Circ. Affirms Win For Fla. Developer In $12M Hotel Fight

    The Eleventh Circuit has affirmed a defense win for a Florida developer who defeated $12 million in fraud claims brought by two Middle Eastern companies over a hotel project investment, ruling there was nothing wrong with the trial court's instructions to the jury.

  • June 27, 2017

    Insurers Prevail In $75M Coverage Suit Over Bank's FCA Deal

    A Tennessee federal judge has ruled that First Tennessee Bank NA's insurance carriers don't have to shell out their $75 million in limits to cover part of the bank's $212.5 million False Claims Act settlement in 2015, finding that First Tennessee provided insufficient notice to the insurers of the circumstances that led to the deal.

  • June 27, 2017

    Banks Accused Of $240M Foreclosure Scam Against Agencies

    Bank of America, Wells Fargo, JPMorgan Chase and Citigroup are accused of scamming U.S. agencies out of some $240 million in a False Claims Act suit unsealed Friday in Illinois federal court, which the government has said it will not join.

  • June 27, 2017

    CDL Hospitality Trusts Buys Munich Hotel For $112M

    CDL Hospitality Trusts has picked up a Munich hotel as well as connected retail and office components of the property for €98.9 million ($111.9 million), according to an announcement on Tuesday from the Singapore-based firm.

  • June 27, 2017

    LondonMetric Sells Office Property To Kildare For $88M

    LondonMetric Property PLC has sold an office property outside of London for £68.5 million ($87.7 million) to private equity shop Kildare Partners, according to an announcement on Tuesday from LondonMetric.

  • June 27, 2017

    High Court To Hear Ch. 11 Case Over Debt Recharacterization

    The U.S. Supreme Court agreed Tuesday to hear a bankruptcy dispute over whether debt to finance the acquisition of a golf and residential real estate development in North Carolina was correctly recharacterized as equity after the original loan was sold in an agreement to settle a foreclosure.

  • June 26, 2017

    REIT Ex-CFO Tells Jury 'Absolutely' No Intent To Defraud

    The former chief financial officer of American Realty Capital Properties told jurors in his New York federal fraud trial Monday that he "absolutely" did not intend to defraud investors when he made a last-minute adjustment regarding a key earnings metric in a filing to the U.S. Securities and Exchange Commission.

Expert Analysis

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • The Risks Of Releasing Privileged Investigative Reports

    Nicholas Goldin

    The recent D.C. federal court decision in Banneker Ventures v. Graham underscores the close analysis that should accompany a decision to publicly disclose even a summary of an internal investigation that was conducted under the attorney-client privilege, say Nicholas Goldin and Yafit Cohn of Simpson Thacher & Bartlett LLP.

  • State AGs Responding To Trump Policies: 3 Areas To Watch

    Michael Rossetti

    The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • FCA Lessons From A Year Of Escobar

    Thomas Gallagher

    Immediately following the U.S. Supreme Court's Escobar decision, it was unclear how defendants would be able to fend off implied false certification claims based on the Escobar standard. But the past year has shown that the heightened standard has teeth and that courts can, and will, dismiss False Claims Act complaints on materiality grounds, even before discovery, say attorneys with Pepper Hamilton LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Breaking Down Calif.'s Ever-Changing 'Right To Repair'

    Jason Feld

    Fifteen years after California's "Right to Repair Act" was passed, the right is now being challenged with two competing lines of authority, both of which are valid California law. Hopefully, the issue will be definitively answered soon, now that the California Supreme Court has accepted McMillan v. Superior Court for hearing, says Jason Feld of Kahana & Feld PC.