Real Estate

  • March 19, 2024

    Fla. City Atty Says Law Grants Immunity In Realty Fraud Suit

    An attorney for the city of Miami told a state appellate panel Tuesday that the law entitles her to sovereign immunity in a lawsuit in which she's accused of aiding her husband in a real estate fraud scheme, saying the allegations aren't specific enough to remove that protection from her.

  • March 19, 2024

    Bradley Arant Adds Ex-Chamberlain Hrdlicka RE Team In Ga.

    Bradley Arant Boult Cummings LLP has strengthened its real estate practice in Atlanta with a four-attorney team from Chamberlain Hrdlicka White Williams & Aughtry.

  • March 19, 2024

    Judge Mulls Smoke Shop Group's Push For Tribe's Damages Data

    A New York federal magistrate judge is asking the Cayuga Nation and a former smoke shop, shut down on the grounds it was selling cannabis and untaxed cigarettes, to weigh in on whether the tribe must turn over spreadsheets purportedly detailing damages and lost revenues stemming from the shop.

  • March 19, 2024

    Colo. Panel OKs Expanding Historic Structure Tax Credit

    Colorado would expand its tax credit for preservation of historic structures, reducing the age requirement for the properties, postponing the sunset of the credit and making other changes under legislation passed by the state House panel.

  • March 19, 2024

    Md. House OKs Property Tax Credits For Residential Projects

    Local governments in Maryland would be authorized to grant property tax credits for certain hotel and residential developments that include affordable housing under legislation approved by the state House of Delegates.

  • March 18, 2024

    'Brazen' Text By LA Pol Surfaces In Raymond Chan RICO Trial

    A former lobbyist received a "brazen" text from then-Los Angeles City Councilmember Jose Huizar in 2018 seeking a bribe from his developer client, according to testimony heard on Monday by a Los Angeles federal jury considering racketeering and bribery charges against another former city official, Raymond Chan.

  • March 18, 2024

    Philly Nonprofit Execs Lived Large On Co. Money, Jury Told

    Jurors should not believe arguments from two nonprofit executives who are former associates of City Councilman Kenyatta Johnson who said they simply made bookkeeping mistakes and didn't concoct an alleged scheme to spend company money on things like huge bonuses, lavish vacations and bribing a Milwaukee school official, federal prosecutors said Monday. 

  • March 18, 2024

    Colo. HOA Not Covered In Travelers Repair Payment Row

    A Colorado federal judge ruled a Travelers unit doesn't have a duty to defend or indemnify a Denver homeowners association seeking coverage for a dispute with a different Travelers unit that alleged it overpaid for a hailstorm property damage claim.

  • March 18, 2024

    Battle Over Mass. Rezoning Law Headed To High Court In Fall

    The Massachusetts attorney general's lawsuit to force a Boston suburb to comply with an ambitious housing law was fast-tracked Monday to the state's high court later this year, as more than a hundred towns around Boston watch how the dispute plays out.

  • March 18, 2024

    Feds, Tribes, Casinos Face Off Over Trust Land Request

    The Interior Department, Detroit-area casinos and two tribes are urging the D.C. Circuit to reject the Sault Ste. Marie Tribe of Chippewa Indians' bid to compel the federal government to take land into trust for a casino venture several hundred miles away from its other trust lands on Michigan's Upper Peninsula.

  • March 18, 2024

    Electric Battery Maker Says Mich. Officials Impeding $2B Plant

    Gotion Inc. accused a Michigan township of going back on its promise to help the electric vehicle battery manufacturer get governmental approvals to build a components plant in which it plans to invest over $2 billion.

  • March 18, 2024

    Trump Says He Can't Secure Bond For $465M Fraud Judgment

    Former President Donald Trump told a New York appellate court Monday that posting bond while he appeals a $465 million judgment against him and his business empire for allegedly defrauding banks and insurers is a "practical impossibility."

  • March 18, 2024

    Developers Say Mich. Township Thwarted Pot Dispensary

    A local cannabis advocacy group that includes real estate developers has sued a Michigan township in federal court, alleging elected officials have impeded a proposal to build a medical and adult-use dispensary despite residents' support and additional tax revenue the municipality will reap.

  • March 18, 2024

    Ore. Tax Court Rejects Valuation Corrections By County

    The Oregon Tax Court agreed with a residential property owner that a county assessor's corrections of a valuation due to errors were not valid, restoring the valuation to the property's real market value before the corrections.

  • March 18, 2024

    Md. Senate OKs Letting Only Owners Appeal Tax Values

    Maryland would allow property tax assessment appeals only by the owners of the properties in question under emergency retroactive legislation approved by the state Senate.

  • 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.

Expert Analysis

  • What Upholding Of Short-Term Rental Law Means For NYC

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    A New York state judge's dismissal of Airbnb's challenge against the Short-Term Rental Registration Law will benefit the city's hospitality industry and exert downward pressure on apartment rents, and potentially provide a model for other local governments around the U.S. to curb short-term apartment rentals, says Alexander Lycoyannis at Holland & Knight.

  • Texas Produced Water Ruling Helps Clarify Oil, Gas Leases

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    A Texas state appeals court's recent opinion in Cactus Water Services v. COG Operating, holding that the mineral lessee under an oil and gas lease owns the water extracted during oil and gas production, is a first step toward clarity on an issue that has divided the midstream industry, say attorneys at Mayer Brown.

  • Key Provisions In Florida's New Insurer Accountability Act

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    Florida's recent bipartisan Insurer Accountability Act introduces a range of new obligations for insurance companies and regulatory bodies to strengthen consumer protection, and other states may follow suit should it prove successful at ensuring a reliable insurance market, say Jan Larson and Benjamin Malings at Jenner & Block.

  • Pa. Case Highlights Complexity Of Oil And Gas Leases

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    A Pennsylvania state court's recent decision in Douglas Equipment Inc. v. EQT Production Co. is a reminder that oil and gas leases are rather strange creatures — morphing from something akin to a traditional surface lease to a mineral property conveyance the moment oil and gas is produced, says Christopher Rogers at Frost Brown.

  • Best Practices For Lenders To Limit Recourse Liability

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    As projects face loan maturities in a higher interest rate environment, lenders should diligently observe even seemingly innocuous formalities following an event of default in order to minimize potential recourse liability, especially when borrowers have certain covenants, say Ryan Goins and Matthias Kleinsasser at Winstead.

  • New 'Waters' Rule May Speed Projects, Spawn More Litigation

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    The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.

  • Fair Lending Activity: Calm On The Surface, Churning Below

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    The Consumer Financial Protection Bureau's recently released annual fair lending report to Congress confirms that despite the paucity of public fair lending enforcement actions in 2022, the CFPB and prudential banking agencies are engaged in significant nonpublic oversight, examination and enforcement activities, say attorneys at Cooley.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Rising Interest Rates Bring Risk For Construction Contractors

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    With rising interest rates causing many construction projects to be slowed or halted, it's important for general contractors to implement safeguard measures against the risk of significant financial losses caused by owner-driven schedule modifications, says Kevin Riexinger at Gfeller Laurie.

  • Keys To Navigating The Post-Pandemic CRE Market

    Excerpt from Practical Guidance
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    As the commercial real estate market continues to face repercussions from the COVID-19 pandemic, lawyers should use office occupancy and leasing volume numbers to anticipate future trends and help guide clients through an uncertain landscape, says Joseph Calvanico at J2C Valuations.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • How Rate Exportation Is Shifting Amid Regulatory Trends

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    All banks and their partners, including fintechs, that wish to lend to borrowers in multiple states and charge uniform interest rates should heed regulatory developments across the country and determine how best to mitigate risks in their efforts to offer credit to consumers on a nationwide basis, say attorneys at Ballard Spahr.

  • How The Commercial Real Estate Slump May Weigh On Banks

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    The continuing underperformance of the U.S. commercial real estate market has significant implications for the financial performance and disclosure requirements for various banks, especially regional ones with large debt exposures, say Atanu Saha and Yong Xu at StoneTurn.

  • Negotiating Material Escalation In Construction Contracts

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    As material price escalation clauses have remained popular in construction contracts despite an easing of recent supply chain issues, attorneys representing owners should understand key considerations for negotiating such clauses, and strategies to mitigate potential exploitation by contractors, says H. Arthur Black II at Brooks Pierce.

  • Calif. Protected Species Law Changes: Real Fix Or Red Tape?

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    California's recent amendments to its "fully protected species" statutes create a temporary permitting regime intended to accelerate the building of renewable energy, transportation and water infrastructure in response to climate change — but the new legislation could become another obstacle to the projects it purports to benefit, says Paul Weiland at Nossaman.

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