Expert Analysis

• Calif. Ruling Limits Strict Liability In Lateral Support Cases

  

  A recent California appellate ruling in Quinn v. Coulton makes clear that property owners pursuing lateral support claims without excavation should prepare to prove negligence rather than rely on strict liability, reshaping how neighboring land disputes are pled and defended, says attorney Paul Weinberg.

• Upping Fed, FDIC's Insider Loan Cap May Ease Bank Burdens

  

  Coordinated Federal Deposit Insurance Corp. and Federal Reserve proposals to raise the 1970s-era cap for bank executives borrowing from their institutions represent a long-needed regulatory recalibration that would lighten compliance obligations caused by the outdated ceiling without diminishing the original protections against conflicts of interest, say attorneys at Ballard Spahr.

• Series

  Going To Hardcore Shows Makes Me A Better Lawyer

  

  While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

• 4 Tips For Using AI To Max Fee Awards In NY Lease Disputes

  

  As New York's new artificial intelligence court filing rule takes effect, lawyers handling commercial lease disputes should set up an efficient billing structure, verify AI-generated research and calculations, and align fee requests to improve recoveries and avoid sanctions, say attorneys at Crowell & Moring.

• California FAIR Plan Is Outgrowing Last-Resort Role

  

  With a recent rate increase, a litigation win and pending legislation to reshape operations, the California FAIR Plan is being regulated and reinforced as an apparent fixture of California's insurance market, rather than the temporary safety net originally intended, say attorneys at Jenner & Block.

• Opinion

  After Monsanto, Defense Bar Must Build Case Against Lohr

  

  The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

• Series

  Being A Sommelier Makes Me A Better Lawyer

  

  Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

• Fed Report Underscores Focus On Nonbank, CRE Risks

  

  The Federal Reserve Board's latest supervision and regulation report highlights that broad systemic stability will not insulate individual institutions from rigorous supervisory challenges regarding concentrated commercial real estate portfolios and nonbank partnerships, says Daniel Meade at Hogan Lovells.

• 3 Upcoming Deadlines That EB-5 Investors Should Consider

  

  Potential EB-5 regional center investors should weigh three approaching deadlines, the most immediate of which is Sept. 30, that may affect their filing strategy, required capital commitment and ability to participate even if Congress fails to reauthorize the program, says Michael Ashoori at Ashoori Law.

• Assessing The Benefits Of Fla.'s Newest Business Structure

  

  As of July 1, Florida business owners can create protected series LLCs to shield assets from liability while avoiding increased costs and wasted time, but burdensome recordkeeping obligations are crucial to maintaining the very protection that makes them attractive in the first place, says Gregory Ritter at Moritt Hock.

• Key Post-Proposal Shifts Likely In CFPB Loss Mitigation Rule

  

  Mortgage servicers, borrowers and consumer advocates should prepare for a likely narrowed version of the Consumer Financial Protection Bureau's loss mitigation rule, which is likely to permit sequential reviews, defer to investor guidelines, extend compliance timelines and preempt conflicting state standards, say attorneys at Goodwin.

• Series

  Teaching SEC Investigations Makes Me A Better Lawyer

  

  Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

• Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

  

  The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

• Ala. Bank Case Tells A Cautionary Tale On Collateral Risks

  

  The Alabama Supreme Court's recent decision in U.S. Bank Trust National v. Bonilla, concerning a residential foreclosure gone awry, teaches that, beyond the common refrain of knowing your customer, banks should also take steps — such as obtaining a survey or purchasing title insurance — to know their collateral, says Danielle Douglas at Adams & Reese.

• What New USDA 'Beneficial Owner' Definition Means For Cos.

  

  The U.S. Department of Agriculture's recent pitch to add a new "beneficial owner" definition to its foreign-owned land reporting framework would overhaul how fund managers and joint venture participants report U.S. agricultural land interests, creating diligence risks as companies reassess governance rights and management structure, say attorneys at Arnold & Porter.