Real Estate

  • March 11, 2024

    Landlords' Group Slams FCC Digital Equity Rule In DC Circ.

    A property owners' advocacy group has sued the Federal Communications Commission in the D.C. Circuit, claiming the agency soared well past its legal limits in passing a new broadband equity rule and will put renters' access to internet service at greater risk.

  • March 11, 2024

    NYC Youth Services Group Hits Ch. 11, Folds After 200 Years

    A 200-year-old nonprofit that provides foster care and youth education services in New York City filed for Chapter 11 protection, saying decreased demand for its programs at the onset of the COVID-19 pandemic ultimately led it to financial ruin.

  • March 11, 2024

    DC Circ. Probes Gov't Trial Strategy For Ex-HUD Official

    A former assistant inspector general for the U.S. Department of Housing and Urban Development who is urging the D.C. Circuit to toss his conviction for falsifying government documents seemed to get a sympathetic ear from at least one judge during oral arguments on Monday.

  • March 11, 2024

    Travelers Owes No Coverage For Mo. Wall Mishap, Judge Says

    Travelers has no duty to provide over $1.4 million to a St. Louis area property developer for administrative expenses and loss of rental income stemming from a retaining wall failure, a Missouri federal court ruled Monday, finding such coverage didn't extend to additional insureds on a general contractor's policy.

  • March 11, 2024

    US Appeals Corporate Transparency Act Ruling To 11th Circ.

    The U.S. Department of the Treasury is moving quickly to appeal an Alabama federal judge's ruling that the Corporate Transparency Act is unconstitutional, filing a notice of appeal to the Eleventh Circuit on Monday.

  • March 11, 2024

    Class Says Realtors, Brokers Can't Escape $1.8B Verdict

    Plaintiffs in a nationwide class urged a Missouri federal judge to reject an attempt by Keller Williams, HomeServices of America Inc. and the National Association of Realtors to undo a $1.8 billion jury award by retroactively unraveling class certification.

  • March 11, 2024

    Corps Says Groups Can't Show Dredging Permit Was Flawed

    The U.S. Army Corps of Engineers and an Enbridge Inc. unit told the Fifth Circuit that several groups challenging a permit issued for dredging and construction for the expansion of a major oil terminal on Texas's Gulf Coast may want a different outcome but can't show any permitting decisions were flawed.

  • March 11, 2024

    Mich. Justices Tell Panel To Revisit 'Robotic' Tax Ruling

    A Michigan appellate panel must reconsider its decision to uphold the denial of a man's principal-residence tax exemption under the Michigan Supreme Court's order to gather more information about the evidence the tax tribunal considered, revisiting a decision one appellate judge labeled "robotic acceptance" of the government's evidence.

  • March 11, 2024

    Fla. Voters To Decide On Homestead Exemption Increase

    Florida will have voters decide on a November ballot measure whether to create a constitutional amendment to index the homestead exemption to inflation under a joint resolution passed by state lawmakers.

  • March 11, 2024

    Choice Hotels Abandons Wyndham Hostile Takeover Attempt

    After a monthslong hostile takeover attempt, Choice Hotels International Inc. on Monday announced its decision to withdraw its slate of nominees for election to Wyndham Hotels & Resorts' board of directors following the expiration of its exchange offer.

  • March 11, 2024

    HUD Secretary Marcia Fudge Announces Resignation

    U.S. Department of Housing and Urban Development Secretary Marcia L. Fudge announced Monday that she will retire after three years leading the agency.

  • March 08, 2024

    Real Estate Authority: SEC Climate Regs, State Of The Union

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on key news from this week by state — as well as how President Joe Biden aims to improve affordable housing and what the U.S. Securities and Exchange Commission's new climate rule means for public real estate companies.

  • March 08, 2024

    Justices Urged To Take Up 'Who Decides' Arbitration Question

    An international arbitration scholar has urged the U.S. Supreme Court to resolve whether a court or an arbitrator should decide a dispute's proper venue in cases involving nonsignatories to an arbitration agreement, an issue that's arisen in antitrust litigation over National Association of Realtor rules.

  • March 08, 2024

    Split NC High Court Reopens Embattled Realty Firm

    The North Carolina Supreme Court has temporarily lifted a business shutdown order on MV Realty amid the state's claims that the company imposed predatory fees, with a dissenting justice fearing that unshackling it could put homeowners at risk of losing their homes.

  • March 08, 2024

    Real Estate Cos. To Face Divvied Lease Price-Fixing Claims

    A Tennessee federal judge ruled that the claims of a nationwide lease price-fixing putative class action against multiple real estate companies and software company RealPage Inc. should be severed into four separate cases instead of dismissed.

  • March 08, 2024

    CFPB Seeks Public Stories Of Mortgage Closing 'Junk Fees'

    The Consumer Financial Protection Bureau said Friday it is asking for consumers to share their experiences with mortgage closing costs, material that could inform future agency action to curb rising fees.

  • March 08, 2024

    Feds Win Houseboat Obstruction Suit Against Fla. Man

    The federal government scored a win in Florida federal court in its suit alleging former financial trader and self-described activist Fane Lozman's "floating home" is a structure that obstructs a navigable waterway, with the judge finding there is no genuine dispute that Lozman violated the Rivers and Harbors Appropriation Act.

  • March 08, 2024

    Ex-DA Heads Into Trial On Bribe-Induced Prosecution Charges

    A former top prosecutor will soon head to trial in Honolulu federal court over charges that a CEO funded his re-election campaign in exchange for the filing of baseless charges targeting an enemy of the donor, putting before a jury the claim that an officer of the court abused his power to threaten a citizen's liberty.

  • March 08, 2024

    Experian Biased Jury In Credit Reporting Suit, 11th Circ. Told

    An attorney for a Florida resident who sued Experian alleging it inaccurately reported a discharged mortgage in his credit history told the Eleventh Circuit on Friday that a lower court judge allowed the company to introduce improper evidence at trial, arguing it caused jurors to deliver an unfavorable verdict against her client.

  • March 08, 2024

    Kaiser Doesn't Want To Underwrite Seattle Soccer Site

    Kaiser Foundation Health Plan says a real estate company is trying to make the health insurer "a de facto financier" of a massive development plan that includes a Seattle Sounders FC soccer training facility, according to a complaint filed in Washington state court.

  • March 08, 2024

    Debt-Stricken Homeowners Fight Back After High Court Ruling

    Ten months after a landmark U.S. Supreme Court decision finding a Minnesota county wrongly held onto excess proceeds it reaped after seizing a woman’s condominium and selling it to settle a tax debt, states are scrambling to reexamine their laws as financially distressed homeowners file new suits challenging the practice.

  • March 08, 2024

    Pa. Court Grants Seizure Of Nursing Homes In 'Dire' Condition

    A Pennsylvania federal court has granted an emergency request for a receiver to take control of six nursing homes in the state that Revere Tactical Opportunities REIT LLC claims were left in a "dire financial condition" by the properties' owners, who had also allegedly defaulted on a $30 million loan.

  • March 08, 2024

    Detroit-Area Bars' Challenge To Parking Plan Gets Bounced

    A Michigan federal judge has trimmed a group of restaurants and bars' challenge to a Detroit suburb's plans to replace a parking lot their customers use with a mixed-use building, finding the eateries' financial success isn't protected under federal law.

  • March 08, 2024

    11th Circ. Declines To Hear Building Defect Coverage Dispute

    It's too early to determine whether a Florida federal court erred in its coverage determinations in a long-running construction defect insurance dispute, the Eleventh Circuit has ruled, finding that the "purported final judgment here does not dispose of all claims against all parties."

  • March 08, 2024

    CFIUS Rules May Need Review Amid 'Exponential' Growth

    Foreign direct investment-related enforcement and penalty processes in the U.S. could use a review amid "exponential" growth in FDI regimes across the globe, greater awareness of national security risks, and increased U.S. outreach to foreign partners, a U.S. Treasury Department official said Friday. 

Expert Analysis

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • AI Road Ahead Is Promising For Cautious Fintechs

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    Financial institutions should understand the conceptions and misconceptions about artificial intelligence likely to influence regulators, and proactively study potential adverse impacts and establish use case strategies and other guardrails for deploying AI, say attorneys at Jones Day.

  • Ruling Affirms Drillers' Right To Choose Methods In Colo.

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    In the wake of the Tenth Circuit's decision in Bay v. Anadarko E&P Onshore, a bellwether trespass case, oil and gas operators can breathe easy knowing that Colorado landowners cannot dictate their method of drilling — even in the face of more reasonable alternatives, say Lauren Varnado and Jessica Pharis at Michelman & Robinson.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Shifts In The CRE Landscape Demand Creative Loan Solutions

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    An increase in commercial real estate loan workouts makes it critical for borrowers, lenders and other CRE participants to examine all the available options and remedies, including mortgage and mezzanine foreclosures, bankruptcy filings and property short sales, say attorneys at Goulston & Storrs.

  • Trends Emerge In High Court's Criminal Law Decisions

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    In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.

  • Opinion

    NYC Sidewalk Obligations Must Go Beyond Construction

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    New York City's recently announced Get Sheds Down plan will bring sweeping changes to regulation of the scaffolding and construction sheds looming over sidewalks — but it cannot stop there, says Michael Pollack at Yeshiva University's Cardozo School of Law.

  • 5 Quick Takeaways From Feds' New Bank Capital Proposals

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    The federal banking agencies' recent proposed rulemaking on capital requirements is the culmination of a holistic review of U.S. capital standards initiated by the Federal Reserve, and at over 1,000 pages, the proposal will take some time to fully digest, but there are a few items that can be immediately highlighted, say attorneys at Simpson Thacher.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Why All Eyes Are On Florida's Affordable Housing Reform

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    Florida's Live Local Act, which took effect last month, promotes much-needed affordable housing developments with a mix of zoning preemption provisions and tax benefits that may attract interest from developers across the nation, say attorneys at Nelson Mullins.

  • A Smoother Process For CRE Receiverships In Conn.

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    A newly effective Connecticut law concerning distressed commercial real estate provides a number of opportunities and strategic considerations for creditors, and should be watched even by counsel in other states as adoption of the law could become more widespread, say John Loughnane and Steven Coury at White and Williams.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • What Came Of Texas Legislature's Long-Promised Tax Relief

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    Following promises of historic tax relief made possible by a record budget surplus, the Texas legislative session as a whole was one in which taxpayers that are large businesses could have done somewhat better, but the new legislation is clearly still a positive, say attorneys at Baker Botts.

  • CRE Guidance Helps Lenders Work With Struggling Borrowers

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    In recognition of growing troubles with commercial real estate loans, four federal regulators' recently updated loan accommodations guidance provides a helpful framework for approaching loan workouts without the punitive results of adverse classifications, say Jaclyn Grodin and Muryum Khalid at Goulston & Storrs.

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