Real Estate

  • May 23, 2025

    9th Circ. Upholds Ch. 13 Plan Against Debt Bifurcation Appeal

    The Ninth Circuit rejected a mortgage lender's bid to overturn a California couple's bankruptcy plan, ruling their recalculated home value qualified them for Chapter 13 despite initial estimates exceeding the unsecured debt limit.

  • May 23, 2025

    IP Notebook: Trump's AI Plan, ChatGPT Logs, Dewberry Cited

    In this round of emerging issues in copyright and trademark law, Law360 takes a closer look at comments submitted to the National Science Foundation and other federal agencies to create an Artificial Intelligence Action Plan as part of an executive order from President Donald Trump.

  • May 23, 2025

    Judge Skeptical Of Harm In Recall Of Tribe's Gambling Eligibility

    A D.C. federal judge on Friday signaled concerns with the Interior Department's decision to revoke a California tribe's gambling eligibility for a casino-resort project in the Bay Area, but said that the tribe faces an uphill battle in establishing the irreparable harm needed to secure a preliminary injunction.

  • May 23, 2025

    Ga. Bar OKs Real Estate Deals Via Video

    The State Bar of Georgia has adopted a formal ethics opinion allowing attorneys to close real estate deals via video conference, finding that the remote appearances satisfy lawyers' duty to be "present" at closings.

  • May 23, 2025

    NC Biz Court Serves Up Wins In Real Estate Commission Fight

    North Carolina's business court gave a food service company and a real estate broker partial wins in their ongoing commission dispute, ruling that the broker is entitled to commissions on transactions it has not been paid for but cannot require the food firm to use it for future deals.

  • May 23, 2025

    Va. Deed Tax Due On Actual Property Value, Ruling Says

    Virginia's deed recordation tax is paid based on the current assessed value of a property, rather than its value during a foreclosure sale, the state tax commissioner said.

  • May 23, 2025

    Furniture Cos. Say Insurer Owes For $10M Flood Losses

    Two metro Detroit furniture stores accuse an insurer of breach of contract after it refused to cover more than $10 million in collective damages caused by flooding from a ruptured city water supply line in a case removed to Michigan federal court.

  • May 23, 2025

    Taxation With Representation: Troutman, A&O Shearman

    In this week's Taxation With Representation, Blackstone acquires TXNM Energy, OpenAI buys io Products, Lumen Technologies sells its Mass Markets fiber-to-the-home business in 11 states to AT&T, and AMD sells its data center infrastructure manufacturing business to Sanmina.

  • May 22, 2025

    Wash. Justices Undo Landlord Win In Eviction Answer Dispute

    Washington's highest court overturned a Seattle-area landlord's eviction victory on Thursday, saying any tenant who responds to a summons with a written "notice of appearance" can't be hit with a default judgment for failing to file an answer in an unlawful detainer action.

  • May 22, 2025

    Trump Admin Ends Early Biden-Era Memphis Redlining Deal

    A Tennessee federal judge on Wednesday approved a Trump administration request to terminate a redlining consent order with Trustmark National Bank, closing out the settlement that kicked off a Biden-era crackdown on mortgage lending discrimination.

  • May 22, 2025

    5th Circ. Revives 'Unclean Hands' Defense In Ch. 13

    A Louisiana homeowner can head back to bankruptcy court to try to discharge a $75,000 judgment against him from a contractor who said it was stiffed, a panel of the U.S. Court of Appeals for the Fifth Circuit has ruled.

  • May 22, 2025

    Rehab Greenhouse Violated Zoning Rules, Conn. Justices Say

    A drug rehab center's attempt to operate a 2,100-square-foot plastic greenhouse as a therapy facility on a northwestern Connecticut farm was an impermissible expansion of a previous nonconforming land use, the state's highest court ruled Thursday, overturning the center's earlier appellate court victory in a zoning dispute.

  • May 22, 2025

    Ill. AG, Trump Tower Strike $4.8M Deal To End Wastewater Row

    Illinois' attorney general announced Thursday that the state has struck a deal with the owners of Trump International Hotel and Tower in Chicago to resolve litigation over the hotel's continual underreporting of the amount of wastewater it discharges into the Chicago River, in violation of environmental laws.

  • May 22, 2025

    No COVID-19 Coverage For Hotel REIT, Texas Panel Affirms

    A group of insurers has no obligation to cover an Austin, Texas-based real estate investment trust's pandemic-related losses, a state appellate court ruled Thursday, finding that a contamination exclusion in the REIT's policies unambiguously bars coverage.

  • May 22, 2025

    Servicer, BNY Seek Exit From Mortgage Statement Suit

    Bank of New York Mellon and a mortgage servicing company have urged a Massachusetts federal court to permanently dismiss a proposed class action accusing them of trying to collect on post-bankruptcy liens, saying federal lending law does not obligate servicers to send mortgage statements to borrowers.

  • May 22, 2025

    Neb. Gov. Rejects Letting Districts Tax Outside Property

    A Nebraska bill to let some local taxing districts impose taxes on property outside their boundaries, and to create statewide standards for inspections by public housing authorities, was vetoed by the state's governor.

  • May 22, 2025

    Coalition Backs Calif. Tribe's Fight Over $700M Casino Project

    A coalition of tribes weighed in on a dispute over the federal government's decision to rescind gambling eligibility for the Scotts Valley Band of Pomo Indians' $700 million casino project, questioning the federal government's perceived acquiescence to pushback from other tribes.

  • May 22, 2025

    2nd Suit Says Fla. Investigator Lied About Insurance Fraud

    A Florida man accused of insurance fraud after helping a roofing company sign up customers whose homes suffered hurricane damage has sued the criminal investigator who referred the charges, telling a federal court that the investigator fabricated facts and intentionally misled state attorneys.

  • May 22, 2025

    Trustee Alleges Developer Sold Gas Rights To Avoid Creditors

    A bankrupt developer sold its oil and gas rights to an affiliated company for only $100 per parcel in order to keep them from becoming part of the bankruptcy estate, the estate's trustee has claimed in an adversary complaint.

  • May 22, 2025

    Ore. Lawmakers OK Renewed Historic Preservation Credit

    An expired Oregon tax credit for historic preservation would be reauthorized and limited to commercial properties under legislation passed by the state Senate and headed to the governor.

  • May 21, 2025

    Judge Prolongs Pause On Trump's HUD, DOT Grant DEI Limits

    A Washington federal judge Wednesday extended a block on federal grant conditions limiting homelessness aid and transportation funding to recipients who align with the Trump administration's policies against diversity and inclusion programming, as nearly two dozen localities joined New York, San Francisco and others challenging the terms.

  • May 21, 2025

    Gold Mine Risks Alaska Preserve And Whales, Tribe Claims

    An Alaskan tribe and environmental groups have filed suit against the U.S. Army Corps of Engineers seeking to stop a mining company from expanding gold operations, activity that would contaminate the waterways near a national park and harm the endangered beluga whale population.

  • May 21, 2025

    Title Insurance Co. Fights Treasury All-Cash Resi Deals Rule

    A title insurance company and a subsidiary have filed suit in Florida federal court challenging new reporting requirements for all-cash real estate closings, saying the rule exceeds the U.S. Department of the Treasury's Financial Crimes Enforcement Network's authority.

  • May 21, 2025

    Intel Investors Say They Fixed Suit Over Chipmaking Woes

    Intel Corp. investors say a California federal judge should reject the company's bid to dismiss a suit claiming it concealed problems in its domestic computer chipmaking business, arguing they have fixed all potential deficiencies in the suit that previously led to its dismissal.

  • May 21, 2025

    Small Texas Communities Trying To Siphon Taxes, City Says

    Two Texas state court judges issued court orders Wednesday barring two small municipalities from buying up apartment buildings in the city of Rowlett, Texas, thwarting what Rowlett described as an underhanded attempt to rob the city of property tax revenue.

Expert Analysis

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Election Outcome Could Reshape Financial Industry

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    The policies of the next presidential administration and Congress will shape the landscape of financial services in the U.S. — including banking, mortgage, investment and credit services — for years to come, affecting Wall Street investors and aspiring homeowners alike, say Alexander Hecht and Frank Guinta at Mintz.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • Calif. Ruling Offers Hope For Mitigated Negative Declarations

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    In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • There's No Crying In Property Valuation Baseball Arbitration

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    The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • How To Avoid A Costly CPA Limitation Hidden In Most Leases

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    The lease audit rights clause is a seemingly innocuous provision in most commercial real estate leases that ends up costing tenants millions of dollars each year, as they have unwittingly agreed to retain only an accountant to investigate and settle financial issues, says Jason Aster at KBA Lease Services.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

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