Real Estate

  • September 10, 2024

    Ex-McElroy Deutsch CFO's Ch. 11 Case Nixed As 'Bad Faith'

    McElroy Deutsch Mulvaney & Carpenter LLP convinced a New Jersey bankruptcy judge to throw out the Chapter 11 filing of its former chief financial officer, who is behind bars for stealing over $1 million from the firm, with the judge finding Tuesday that the petition was brought in "bad faith" to stall related state litigation. 

  • September 10, 2024

    2024's Top Rulings In Native American Law

    The U.S. Supreme Court this year has handed down rulings with huge price tags attached — from millions in healthcare reimbursement funding required for tribes to lending Florida a win that will garner it a new revenue stream — that are expected to have large implications for Native American sovereignty. Here, Law360 takes a look at some of the biggest decisions in Native American law from the first half of 2024.

  • September 10, 2024

    E-Discovery Software Co. Relativity Opens New Chicago HQ

    E-discovery software provider Relativity said Tuesday that it has opened a new 100,000-square-foot headquarters in Chicago, where the company has been based since its founding in 2001, and is continuing its investment in Chicago Public Schools.

  • September 10, 2024

    Healthcare Real Estate Firm Pays $80M For 277 US Properties

    Healthcare real estate investment shop Scioto Properties said Tuesday it has completed the $80 million purchase of a portfolio of 277 properties across 17 U.S. states, representing the largest transaction in the firm's quarter-century history.

  • September 10, 2024

    Ariz. Gov. Can Join Monument Suit, Tribes and Enviros Sit Out

    The state of Arizona can intervene in a fight over the Biden administration's creation of a national monument on an Indigenous site, but groups of tribes and conservation organizations aren't allowed in the suit, at least for now, a federal judge ruled Monday.

  • September 10, 2024

    GM Can't Arbitrate Claims Engines Were 'Engineered To Fail'

    General Motors LLC cannot arbitrate class claims that certain engines were "engineered to fail," an Ohio federal judge has ruled, citing recent Sixth Circuit guidance on when a party waives the right to resolve disputes out of court.

  • September 09, 2024

    Pa. Supreme Court Snapshot: Benefits, Cannabis, Taxes

    The Pennsylvania Supreme Court's September schedule will have the justices pondering when to cancel tax exemptions for hospitals, if stormwater fees are taxes in disguise, and the potential resurrection of requiring medical marijuana products to be tested and approved by two separate laboratories.

  • September 09, 2024

    Spain Hit With $18B Claim Over Massive Malaysia Award

    Spain is facing an $18 billion claim asserted by a group of Filipinos who accuse the country of stymying their efforts to enforce a $14.9 billion arbitral award against Malaysia, which they won following a land use dispute over a portion of territory along the northern coast of Borneo.

  • September 09, 2024

    Lewis Brisbois Denied Early Win In Real Estate Broker's Suit

    A Los Angeles judge on Monday declined to dismiss a breach of contract suit brought against Lewis Brisbois Bisgaard & Smith LLP by a real estate broker, saying that although he has some problems with the pleadings, they meet the standard to survive the law firm's demurrer. 

  • September 09, 2024

    NY Courts' Limits On Ethics Data Broke Law, Watchdog Says

    In a rebuke to the New York state court system, an official transparency watchdog has said current restrictions on public access to judges' financial disclosures violate the state's Freedom of Information Law.

  • September 09, 2024

    Siemens To Build $60M Bullet Train Production Facility In NY

    Siemens Mobility will build a $60 million bullet train production facility in Horseheads, New York, that is set to start operating in 2026, according to an official announcement Monday.

  • September 09, 2024

    No Coverage For BNSF In Flood Suit, Travelers Says

    Two Travelers units told a California federal court that they owe no additional insured coverage to railway giant BNSF over claims that a track relocation project it undertook caused significant flooding on a property owner's land.

  • September 09, 2024

    New Jersey Towns Fight New Affordable Housing Framework

    Nine New Jersey towns have filed a constitutional challenge to the state's new affordable housing obligations framework, arguing it imposes responsibilities never envisioned by the decades-old doctrine that gave rise to the state's Fair Housing Act.

  • September 09, 2024

    SEC Fines 7 Companies $3M Over Whistleblower Violations

    The U.S. Securities and Exchange Commission on Monday announced a $3 million collective settlement with seven public companies, including TransUnion and Acadia Healthcare Co. Inc., to resolve claims that those companies used employment, separation and other agreements to impede whistleblowers from reporting potential misconduct to the SEC.

  • September 09, 2024

    AIG Unit Sees Recovery Funds Dispute With RealPage Pared

    A federal judge trimmed a lawsuit an AIG unit filed seeking to recover over $1 million it paid to property management software company RealPage after a phishing attack, rejecting both the insurer's stance that the covered fees fell under a recovery provision and RealPage's accusations of Texas Insurance Code violations.

  • September 09, 2024

    Conn. Realtor Gets $4M From Luxury Property Co. In Fall Suit

    A Connecticut state jury has awarded an injured realtor more than $4 million in his suit against luxury property company Hedgerow Properties LLC alleging an unsafe staircase caused him to fall and be injured.

  • September 09, 2024

    Sentencing Of Ex-Ecuador Official Delayed By Late Gov't Filing

    A frustrated Florida federal judge on Monday pushed back the sentencing of Ecuador's ex-comptroller — who was convicted of laundering more than $12 million in bribes — after admonishing the government for an "inexplicably and undeniably late" forfeiture motion filed at 4 p.m. Friday.

  • September 09, 2024

    Investment Firm Can't Fell Timber Co.'s Carbon Offset Suit

    The North Carolina Business Court has trimmed a timber company's lawsuit accusing a forestland investment firm of overstating land's carbon offset value in a sale, but let most of the claims escape being felled, reasoning that the timber company's complaint alleged plausible accusations of contract violations.

  • September 09, 2024

    Conn. Atty Defaults In Real Estate Client's Overcharge Suit

    A Connecticut Superior Court clerk has entered a default judgment against a law firm accused of botching a real estate transaction, leaving the firm's namesake attorney to face allegations that he distributed home sale proceeds to unknown people and wrote a bad check to the true beneficiary of a trust.

  • September 09, 2024

    Illinois Judge Won't Block Chicago Rental Protections

    An Illinois federal judge refused Friday to grant a property company an injunction blocking the enforcement of a Chicago ordinance intended to protect renters living in foreclosed residential properties by entitling them to $10,000 payouts.

  • September 09, 2024

    DLA Piper's Boston Leader To Co-Lead US Real Estate Team

    A longtime DLA Piper attorney focused on real estate investment and development is stepping up to co-lead the firm's U.S. real estate practice, according to an announcement Monday.

  • September 09, 2024

    Apartment Cooperative Hits Chapter 11 Amid Takeover Fight

    The management of Success Village Apartments Inc. has filed for Chapter 11 bankruptcy protection in the District of Connecticut, citing between $1 million and $10 million in debt, amid court battles with local communities and utility companies that sought to force the 900-unit housing cooperative into receivership.

  • September 09, 2024

    Kramer Levin Beats NJ Malpractice Suit From RE Developer

    Kramer Levin Naftalis & Frankel LLP has defeated a malpractice suit from a real estate developer who claimed it represented both the developer and a firm partner's son — who was an employee of the developer — at the same time, according to a New Jersey state appellate decision issued Monday.

  • September 09, 2024

    Ore. Tax Court Nixes Parcel Owners' Bid To Raise Valuation

    The Oregon Tax Court rejected an attempt by owners of a property to increase its tax valuation, saying the owners failed to show they were aggrieved by the valuation and did not first appeal to the local assessment board.

  • September 06, 2024

    Real Estate Recap: Pol Funding, Investor Angst, Climate Risk

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including which presidential candidates BigLaw real estate pros have backed, where one attorney sees investor confidence despite tough conditions, and how extreme weather events are reshaping the property insurance market.

Expert Analysis

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Brownfield Questions Surround IRS Tax Credit Bonus

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    Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Understanding 2 Types Of Construction Payment Clauses

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    Given the recent trend of states prohibiting pay-if-paid clauses in construction clauses in favor of fortifying contractor protections with pay-when-paid clauses, parties involved in construction projects should take care to understand the nuances between the two clauses, say Jeffery Mullen and Josephine Bahn at Cozen O'Connor.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Bank M&A Continues To Lag Amid Regulatory Ambiguity

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    Bank M&A activity in the first half of 2024 continued to be lower than in prior years, as the industry is recovering from the 2023 bank failures, and regulatory and macroeconomic conditions have not otherwise been prime for deals, say Robert Azarow and Amber Hay at Arnold & Porter.

  • How High Court Ruling Is Shaping Homelessness Policies

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    The U.S. Supreme Court’s June decision in Grants Pass v. Johnson to allow enforcement of local ordinances against overnight camping is already spurring new policies to manage homelessness, but the court's ruling does not grant jurisdictions unfettered power, say Kathryn Kafka and Alex Merritt at Sheppard Mullin.

  • DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win

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    After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • Cannabis Biz Real Estate Loan Considerations For Lenders

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    Now that cannabis sales are legal in some states, real estate lenders are interested in financing the land used by cannabis companies, but because cannabis sales are still illegal under federal law, lenders must make adjustments for cannabis-adjacent transactions, say Mark Levenson and Jeffrey Wendler at Sills Cummis.

  • Series

    After Chevron: Don't Let Loper Lead To Bank Compliance Lull

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    Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.

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