Real Estate

  • May 10, 2018

    Andrews Kurth Beats Malpractice Appeal In Real Estate Fight

    A Texas appellate court has affirmed the dismissal of American Realty Trust Inc.’s claims the former Andrews Kurth LLP gave it bad advice about backing out of a late-1990s apartment complex acquisition deal, finding the claims time-barred.

  • May 10, 2018

    Deals Rumor Mill: Odebrecht, Volvo, Minto

    Creditors are reportedly pushing Odebrecht to sell its commuter rail unit, Volvo Cars’ owner has hired banks to guide an initial public offering and Minto Group wants to raise roughly CA$200 million in an IPO.

  • May 10, 2018

    2nd Circ. Asks Conn. Court To Weigh Insurer-Adjuster Row

    The Second Circuit asked the Connecticut Supreme Court on Thursday to weigh in on whether the history between an insurer and a claims-adjusting agent created a “continuing course of conduct” sufficient to reinstate a $1.25 million negligence verdict against the adjuster, which a district court had decided didn’t comport with a Connecticut statute of limitations.

  • May 10, 2018

    Jeffer Mangels Adds Hotel Law Pro In Calif.

    Hospitality attorney Jeffrey T. Myers, a hotel law expert formerly with Paul Hastings LLP and Beverly Hills-based boutique firm Eisner, has joined Jeffer Mangels Butler & Mitchell LLP as a California-based partner in its global hospitality group and real estate department, Jeffer Mangels said.

  • May 10, 2018

    Real Estate Rumors: SL Green, Kinship Capital, Simon

    SL Green has reportedly paid roughly $270 million for a leasehold at a Manhattan office building, a Kinship Capital venture is said to be seeking $120 million for a Chicago office building, and mall real estate investment trust Simon Property is reportedly looking to expand a Miami movie theater by four screens.

  • May 10, 2018

    Toys R Us Clears Bidding Procedures For Over 270 Stores

    Toys R Us Inc. received court approval Thursday to implement proposed real estate bidding and sale procedures as it liquidates its business in the U.S., putting in place a timeline for the retail giant to sell its ownership or lease interests at close to 275 locations by the end of June.

  • May 10, 2018

    Fried Frank, Riemer & Braunstein Steer $350M NYC Loan

    Fried Frank Harris Shriver & Jacobson LLP represented a joint venture of JD Carlisle Development and Fosun Property in connection with its $350 million construction loan from Riemer & Braunstein LLP-counseled Bank of the Ozarks Inc. for a Manhattan condo construction project, according to a record made public in New York on Thursday and counsel for the lender.

  • May 10, 2018

    Sheldon Silver, Feds Make Final Case To Jury In 2nd Graft Trial

    Prosecutors and defense lawyers made their closing arguments to a Manhattan federal jury on Thursday in the retrial of former New York State Assembly Speaker Sheldon Silver on charges that he used the powers of his office to take in $5 million in bribes and fraud proceeds.

  • May 10, 2018

    Emma Capital Drops $64M On Indianapolis Properties

    Emma Capital Investments Inc. has purchased three multifamily properties in Indianapolis for a combined $63.85 million, according to an announcement from the Toronto-based firm on Thursday.

  • May 10, 2018

    Del. Justices Won't Revive Suit Over $1.5B Fortress Deal

    Citing in part a missed opportunity for a lower court pleading, Delaware’s Supreme Court on Thursday refused to revive a proposed class challenge to a Fortress Investment Group LLC affiliate’s $1.5 billion acquisition of a mortgage servicing company in April 2015.

  • May 10, 2018

    Barnes & Thornburg Adds Ex-Ogletree Deakins Labor Pro

    Barnes & Thornburg LLP has hired a former Ogletree Deakins Nash Smoak & Stewart PC attorney who has represented manufacturing, retail, technology and real estate clients as a partner in its labor and employment law department in Chicago, the firm announced.

  • May 10, 2018

    3 Things Lawyers Should Know About Chapter 11 Real Estate

    So far, 2018 has seen a wave of retailers and restaurant chains file for Chapter 11 protection — including most recently one of Applebee's largest franchise holders — and experts say such bankruptcy proceedings come with unique sets of challenges because they deal with leases and real property, as opposed to more traditional creditor-debtor matters. 

  • May 9, 2018

    RBS, DOJ Near $4.9B Deal Over Potential RMBS Civil Claims

    The Royal Bank of Scotland has reached a tentative deal with the U.S. Department of Justice, reportedly worth $4.9 billion, to settle potential civil claims over the bank’s structuring and sale of residential mortgage-backed securities before the financial crisis, the agency confirmed Wednesday.

  • May 9, 2018

    Fla. Homeowner Wins Atty Fees In Water Management Suit

    A Florida appeals court ruled Wednesday that a homeowner who won an injunction requiring her homeowner’s association to fix its surface water management system — but was not awarded monetary damages — was a prevailing party and is entitled to attorneys’ fees and costs.

  • May 9, 2018

    Calif. Wells Fargo Consultants Win $97M In Rest Break Suit

    A California federal judge on Wednesday awarded $97.28 million to a class of 4,481 Golden State-based Wells Fargo & Co. home mortgage consultants who weren't paid for rest breaks, rejecting the bank's arguments that it shouldn't have to pay more than $24.5 million for the labor violations.

  • May 9, 2018

    Ruling On What Isn't A Security Needed For ICO Clarity

    A ruling in the case of a businessman charged with fraud in an initial coin offering in Brooklyn federal court has the potential to provide clarity on the contentious issue of whether cryptocurrency tokens are securities subject to regulation by the U.S. Securities and Exchange Commission, legal experts say.

  • May 9, 2018

    Calif. Mandates Solar Panels On New Homes Starting In 2020

    California on Wednesday became the first state in the country to require solar panels on all new homes, marking its latest effort to aggressively curb greenhouse gas emissions.

  • May 9, 2018

    Real Estate Rumors: Blackstone, HFZ Capital, Dov Ohayon

    Blackstone is reportedly hoping to get roughly $75 million with the sale of an Illinois office complex, an HFZ Capital venture is said to have landed a $300 million loan for a New York multifamily property, and an entity managed by Florida investor Dov Ohayon has reportedly picked up approximately two acres of redevelopment property in Miami for $11.19 million.

  • May 9, 2018

    Timeshare Exit Firm Seeks Sanctions In Diamond Resorts Suit

    Diamond Resorts International Inc. was hit Tuesday with a motion for sanctions over a lawsuit it recently filed against law firm US Consumer Attorneys PA, which told a Florida federal court the timeshare giant’s suit appears to be an attempt to circumvent an existing settlement agreement and is baseless.

  • May 9, 2018

    No 'Collapse' Coverage For Apt. Complex, 9th Circ. Affirms

    The Ninth Circuit on Wednesday refused to revive a Seattle apartment complex owner’s bid to force its insurer to cover repair costs, saying a lower court properly applied Washington Supreme Court precedent in ruling that the building did not suffer a “collapse” as required for coverage.

Expert Analysis

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Tax Reform’s Impact On Private Equity

    Sean Clancy

    The Tax Cuts and Jobs Act significantly changed income tax laws for individuals and business entities. Attorneys at Nixon Peabody LLP map out the provisions that will impact the private equity industry, including managers, investors and portfolio companies.

  • 50 Years After MLK's Death, Housing Segregation Persists

    Rigel Oliveri

    On the 50th anniversary of Martin Luther King Jr.'s assassination, which likely influenced passage of the Fair Housing Act, segregation levels have decreased but still remain high. As a result, fair housing lawyers have turned their attention to the structural and economic forces that limit housing opportunities, says Rigel Oliveri of the University of Missouri.

  • Navigating The Protections Of Various Lien Waivers

    Brent Meyer

    Since jurisdictions vary, a company’s standard form lien waiver could miss opportunities to protect, or under certain circumstances completely fail to protect, against claims from parties involved with a construction project. These missed opportunities should be considered and weighed when deciding whether to use a standard form lien waiver on every project, says Brent Meyer of Husch Blackwell LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • How To Choose An Appropriate Construction Pricing Model

    Excerpt from Lexis Practice Advisor
    Richard Reizen

    The three basic types of pricing arrangements in construction contracts are stipulated sum, cost plus and unit price. Understanding these arrangements and their respective benefits is crucial to negotiating and structuring a contractual relationship that best fits client goals, say attorneys with Gould & Ratner LLP.