Real Estate

  • March 18, 2024

    4th Circ. Preview: Airport Mishap, Inmate Pay Launch March

    The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.

  • March 18, 2024

    Mass. Condo Owners Didn't Prove Property Was Overvalued

    Two Massachusetts property owners failed to prove their condominium was overvalued in the 2022 tax year because they didn't account for differences in the comparable properties they offered, the state tax board said in a decision released Monday.

  • March 15, 2024

    Hagens Berman Defends Bid To Lead Yardi Price-Fixing Suit

    A putative class on Friday continued to push for the appointment of Hagens Berman Sobol Shapiro LLP as interim lead counsel for a rent price-fixing class action in Washington federal court after property management software company Yardi Systems Inc. and multiple landlords opposed the bid.

  • March 15, 2024

    'This Is Scary, Boss': Jury Hears Secret Audio In LA RICO Trial

    A then-assistant to former Los Angeles City Councilman Jose Huizar secretly recorded his boss as they discussed what to do with a $200,000 cash bribe amid an ongoing FBI probe, according to audio heard Friday by a federal jury considering racketeering and bribery charges against another former city official, Raymond Chan.

  • March 15, 2024

    Real Estate Authority: Realtor Settlement, Women's Soccer

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the $418 million settlement by the National Association of Realtors to end broker-fee claims and the first stadium built in the United States for a women's professional sports team.

  • March 15, 2024

    Paxton Joins Feds In Fraud Suit Against Houston Developer

    The Texas Office of the Attorney General sued a Houston-area real estate developer for deceptive trade, fraud in real estate transactions and other offenses, joining previously announced federal litigation accusing the company and its affiliates of widespread predatory practices.

  • March 15, 2024

    U. Of Wash. Opposes Question Cert. In COVID Coverage Suit

    The University of Washington's board of regents urged a state court to reject a Liberty Mutual unit's motion to certify COVID-19 coverage questions to a state appeals court, pointing to the Washington Supreme Court's previous rejection of such a move in a separate case that similarly involved pleadings-stage coverage claims.

  • March 15, 2024

    NYC Settles Its Challenge Of 'Right-To-Shelter' Mandate

    New York City and the Legal Aid Society have settled the city's legal challenge of the "right-to-shelter" mandate that requires shelter to be provided to any homeless person in the city, according to a stipulation filed Friday in New York state court.

  • March 15, 2024

    Split Texas Justices Leave Contempt Charges Against Nate Paul

    The Texas Supreme Court on Friday declined to take up an appeal challenging criminal contempt charges against troubled real estate investor Nate Paul, with dissenting justices arguing that the court would "likely conclude" that Paul's due process rights were violated if it accepted the case.

  • March 15, 2024

    Mich. Judge Wrong To Toss Weather Expert From Icy Fall Suit

    A trial court judge erred by finding that a weather expert's testimony wouldn't be relevant in a caretaker's suit alleging she slipped on black ice at her employer's property, a Michigan appellate panel has said, holding that the weather leading up to and during her fall is directly related to her claims.

  • March 15, 2024

    Colo. OKs Local-Option Property Tax Credits

    Local governments in Colorado will be authorized to grant property tax incentives to encourage improvement in areas of local concern under legislation signed into law Friday by Democratic Gov. Jared Polis.

  • March 15, 2024

    Peer Street Can Solicit Ch. 11 Plan Votes, Judge Says

    Peer Street told creditors of the company and its entities Friday to expect ballots for their Chapter 11 plan, after a Delaware bankruptcy judge decided the real estate investment platform had disclosed enough information about its proposal for reorganization.

  • March 15, 2024

    Fla. Tribe Urges No Pause In Suit Over State's Water Power

    The Miccosukee Tribe of Indians of Florida on Thursday urged a federal judge not to pause its lawsuit against the U.S. Environmental Protection Agency that alleges the state was improperly awarded authority over a Clean Water Act permitting program.

  • March 15, 2024

    Wash. Justices Affirm Condo's Roof Damage Coverage Win

    A resulting loss exception in a condominium complex's policy with Farmers Insurance Exchange preserves coverage for damage caused by potentially covered perils, such as condensation and water vapor, even though the loss resulted from excluded faulty workmanship, the Washington Supreme Court unanimously ruled.

  • March 15, 2024

    Texas Justices To Review Tossed $22M Malpractice Verdict

    The Texas Supreme Court on Friday agreed to review a split appellate decision that tossed a real estate brokerage's $22 million malpractice award against a Dallas law firm after finding that improper jury instructions influenced the verdict.

  • March 15, 2024

    Ariz. Rep. Urges FTC Investigation Of RealPage Software

    Rep. Ruben Gallego, D-Ariz., has urged the Federal Trade Commission to investigate alleged anti-competitive practices by RealPage Inc., whose rent-pricing algorithm is the subject of multidistrict antitrust litigation.

  • March 15, 2024

    NC Landowner Sues Feds, Alleging Overreach In New Water Rule

    A North Carolina landowner seeking to develop property in wetlands areas has sued the federal government over its recently amended Waters of The United States Rule, saying the rule, which includes provisions on "adjacent wetlands," directly contravenes the Supreme Court's ruling in Sackett v. EPA.

  • March 15, 2024

    Realtors Cut $418M Deal, Agree To Make Broker Fee Changes

    The National Association of Realtors said Friday that it has reached a settlement to end claims that its broker commission rules caused home sellers across the country to pay inflated fees, agreeing to pay $418 million over four years and to implement changes to its rules.

  • March 14, 2024

    Lehman Brothers Can't Undo Trial Loss Over Crisis-Era CDS

    A New York appeals court on Thursday affirmed a bench trial loss Lehman Brothers' bankrupt European unit suffered last year in a suit attempting to claw back nearly half a billion dollars from Assured Guaranty over losses on credit default swaps tied to the 2008 financial crisis.

  • March 14, 2024

    Ex-LA Official Lied To Feds Immediately In Interview, Jury Told

    An FBI agent told a California federal jury on Thursday in former Los Angeles Deputy Mayor Raymond Chan's federal bribery trial that Chan lied to him during a 2018 interview immediately after he was warned that lying to the bureau is a crime.

  • March 14, 2024

    Icahn Enterprises Rips Investors' 'Grab Bag' Of A Suit

    Diversified holding company Icahn Enterprises LP and some of its current and former brass have asked a Miami federal judge to toss a proposed investor class action alleging they misrepresented certain details of the company's performance and asset values, arguing that the suit is a lengthy "grab bag of different theories."

  • March 14, 2024

    Lawmakers Secure $1.3B For Native American Housing

    A record $1.34 billion will go toward Native American housing programs as part of an appropriations package passed by Congress, a $324 million increase over last year's funding.

  • March 14, 2024

    Verizon Sues Pa. Town Over Cell Tower Permit Denial

    Verizon Wirless is suing a small Pennsylvania borough for rejecting its application to install a 105-foot monopole and equipment compound near the town's center, saying the denial will inhibit Verizon from closing a wireless coverage gap and violates the Communications Act of 1934.

  • March 14, 2024

    Ex-Real Estate Exec Accused Of $77M WeWork Stock Fraud

    Manhattan federal prosecutors announced Thursday that the former CEO of real estate investment firm ArciTerra was indicted, alleging he issued a bogus $77 million offer for WeWork shares in an ultimately failed attempt to cash in on call options after juicing the stock price.

  • March 14, 2024

    Wash. Real Estate Co.'s Ch 11 Plan OK'd After Judgment Slashed

    Washington state-based commercial and residential real estate company High Valley Investments LLC 's Chapter 11 plan received a Delaware bankruptcy judge's blessing Thursday after a settlement agreement slashed a $47.4 million judgment against it to an $18 million claim.

Expert Analysis

  • Key Issues When Navigating A Tenant's Bankruptcy

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    In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.

  • Ill. Justices Set New Standard For Analyzing Defect Claims

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    The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

  • 5 Securities Litigation Issues To Watch In 2024

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    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • A Look At Consumer Reporting In 2023, And What's To Come

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    The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 3 Power Rulings Change Outlook For Transmission Cos.

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    The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.

  • How New Fla. Condo Law Will Affect Owners' Finances

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    As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • The Year Ahead In Foreign Investment And National Security

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    In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Sale-Leasebacks May Provide A Safe Financing Alternative

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    Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.

  • 5 Recent Developments Family Offices Are Watching In 2024

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    Although family offices have long been exempt from many of the more onerous regulations and reporting requirements governing U.S. investment advisers and asset managers, recent amendments to federal rules will have an impact on how family offices invest and operate in 2024, say attorneys at Morgan Lewis.

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