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