Real Estate

  • May 17, 2024

    Short-Term Rental Owners Sue Colo. City Over Phase-Out Law

    A group of short-term rental property owners claimed in Colorado federal court that a local ordinance enacted late last year "effectively bans most existing short-term rentals."

  • May 17, 2024

    Pot Co. Can Amend Complaint Or Reply To Dismissal Motion

    A Michigan federal judge has given a cannabis company three weeks to either amend its complaint against a former business partner or respond to a motion to dismiss its claims that the former business partner sabotaged a project by convincing investors to put their money elsewhere.

  • May 17, 2024

    Texas Justices Side With Car Dealership In Lease Dispute

    The Supreme Court of Texas reversed and remanded a landlord's win against its former car dealership tenant, ruling Friday that the dealership's $1.3 million jury verdict wasn't upended when it gave up its appeal of a separate eviction suit.

  • May 17, 2024

    Wash. Energy Codes Challenged Again After 9th Circ. Decision

    In the wake of a Ninth Circuit ruling that forced Washington officials to revisit regulations on natural gas appliances used in new construction, a group of natural gas companies, homeowners and construction interests are claiming the state's apparent fix is again out of step with federal law.

  • May 16, 2024

    No Double Jeopardy In Philly Execs' Embezzlement Case

    Two former Philadelphia nonprofit executives convicted for an embezzlement scheme weren't subject to double jeopardy when a judge rescheduled trial after several jurors left, the Third Circuit ruled Thursday, reasoning that the court had no other choice.

  • May 16, 2024

    Ariz. Lawmakers Say Groups Can't Be Part Of Monument Suit

    The Arizona Legislature is fighting bids by a slew of conservation groups and tribes to intervene in two lawsuits in federal court that challenge a Biden administration proclamation designating an Indigenous sacred site in the Grand Canyon region as a national monument.

  • May 16, 2024

    'That Is A Lie!' Trump Atty Assails Cohen In Fraud Trial Cross

    Donald Trump's lawyer lashed out at central prosecution witness Michael Cohen on Thursday during a second day of cross-examination in New York state's criminal fraud case, attacking his credibility and key testimony linking Trump to crimes.

  • May 16, 2024

    Funko Beats Investor Suit Over Warehouse Move For Now

    Toy company Funko Inc. on Thursday beat a proposed investor class action alleging it failed to disclose accurate information about problems relocating a distribution center and updating critical software, with a Washington federal judge saying the investors have failed to prove the company's statements were false or misleading, among other things.

  • May 16, 2024

    Ex-Execs Accuse Truist Of Hijacking Control Of Mortgage Unit

    Three former executives who spearheaded the real estate finance arm of Truist Financial Corp. before they left for a competitor are countersuing the bank for allegedly usurping control of the business, saying Truist then tried forcing them out to skirt paying severance.

  • May 16, 2024

    Apt. Complex Must Face Insurer's Mold Death Coverage Suit

    A Georgia federal judge has refused to toss an insurer's suit seeking to evade coverage of an apartment complex accused of failing to stop a mold infestation that killed a tenant, finding the insurer has plausibly alleged it does not have a duty to defend under the prevailing insurance policy.

  • May 16, 2024

    HUD Calls Pa. Medical Marijuana Housing Suit Premature

    A Pennsylvania housing authority and two would-be residents acted hastily in suing the U.S. Department of Housing and Urban Development, since HUD hadn't formally threatened to pull the authority's funding over a state court order to offer assistance to medical marijuana users, a HUD lawyer told a federal judge Thursday.

  • May 16, 2024

    Ex-Connecticut Budget Official Denies 22 Corruption Charges

    A former Connecticut state budget official and beleaguered attorney who oversaw millions in state school construction funds pled not guilty on Thursday to a host of corruption charges, including that he coerced contractors into paying him kickbacks.

  • May 16, 2024

    Haynes Boone Adds Sheppard Mullin RE Finance Pro In Calif.

    Haynes and Boone LLP continues to grow its Orange County office, announcing Wednesday that a Sheppard Mullin Richter & Hampton LLP real estate finance ace is joining the office in Costa Mesa, California, as a partner.

  • May 15, 2024

    Real Estate Seller Can't Show He Was Stiffed On Commission

    A Texas appellate court ruled that a man claiming he was cheated out of a commission for assisting in a real estate sale didn't have enough to back up his claims, agreeing Tuesday that a lower court was correct in granting an early win to the property's seller.

  • May 15, 2024

    Navajo President Seeks Approval Of Water Rights Settlement

    The Navajo Nation's president has urged the federally recognized tribe's council to approve two historic water rights settlements as soon as possible, saying decadeslong negotiations have finally come to an end and now promise to secure funding for critically needed infrastructure.

  • May 15, 2024

    Hedge Fund Says Deal With Colo. Developer Lacked Details

    A Colorado-based hedge fund owner and the former president of one of his entities have urged a Colorado state court to permanently toss a suit related to a Denver commercial housing project, arguing that they can't be accused of violating the project's term sheet due to its vagueness.

  • May 15, 2024

    6th Circ. Frees Ex-Ohio Pol Pending Bribery Appeal

    A former member of the Cincinnati City Council convicted of bribery and attempted extortion in connection with a sports betting redevelopment project spearheaded by a former Cincinnati Bengals player can stay out of prison while an appeal plays out, the Sixth Circuit said Wednesday.

  • May 15, 2024

    McGirt Ruling Should Be In 'Full Force' In Tulsa, U.S. Says

    The federal government wants to intervene in a challenge by the Muscogee (Creek) Nation to the city of Tulsa, Oklahoma, that seeks to block city officials from asserting criminal jurisdiction over tribe members on tribal lands, arguing the municipality is violating federal law reiterated in a 2020 high court ruling.

  • May 15, 2024

    Ollie's Can Make $14.6M Stalking-Horse Bid For 99 Cents Only

    Discount retail chain 99 Cents Only received approval Wednesday from a Delaware bankruptcy judge for a $14.6 million stalking-horse bid for 11 of its properties in Texas from Ollie's Bargain Outlet Inc., another discount retailer.

  • May 15, 2024

    Data On Harm Intrigues Pa. Justices In Hospital Closure Spat

    While tasked with considering how much deference appellate panels must give trial courts in matters involving preliminary injunctions, the Pennsylvania Supreme Court on Wednesday was equally curious about whether one such injunction needed to be supported by data showing that a hospital's closure would irrevocably hurt a Delaware County community.

  • May 15, 2024

    Arizona Judge Revives Opendoor Investors' Securities Suit

    An Arizona federal judge has revived a consolidated securities class action accusing real estate company Opendoor Technologies Inc. of misleading investors about the benefits of its pricing algorithm software in order to go public in a reverse merger with a special-purpose acquisition company.

  • May 15, 2024

    Insurer Secures Early Win In $5M Warehouse Damage Row

    An insurer doesn't have to cover over $5 million in damage a property owner said it sustained after a warehouse break-in, a Pennsylvania federal judge ruled, finding that a vacancy provision in a commercial insurance policy wasn't ambiguous and the insurer didn't act in bad faith.

  • May 15, 2024

    Minn. Tax Court OKs Trim To Restaurant Property's Value

    A Minnesota restaurant property should have its valuation lowered after the property owner provided a more reliable appraisal report, the state Tax Court ruled. 

  • May 15, 2024

    Colo. Will Extend Property Tax Assessment Rate Cuts

    Colorado will extend its current temporary property tax rate reductions into 2024 and will lower tax rates for future years under a bill signed by Democratic Gov. Jared Polis. 

  • May 15, 2024

    4th Circ. Revives Landowners' $523K Win Against Pipeline Co.

    A Fourth Circuit panel has instructed a Virginia federal court to reinstate a more than $523,000 jury award for the condemnation of easements across a family's property by Mountain Valley Pipeline, holding the verdict can be supported by credited testimony.

Expert Analysis

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • How FinCEN Proposal Expands RE Transaction Obligations

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    Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.

  • How Calif. Video Recording Ruling May Affect Insured Exams

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    A recent California appellate decision, Myasnyankin v. Nationwide, allowing policyholders to video record all parties to an insurance examination under oath, has changed the rules of the road for EUOs and potentially opened Pandora's box for future disputes, say John Edson and Preston Bennett at Sheppard Mullin.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Unpacking FinCEN's Proposed Real Estate Transaction Rule

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    Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Texas Insurance Ruling Could Restore Finality To Appraisal

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    The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • The Corporate Transparency Act Isn't Dead Yet

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    After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.

  • New FinCEN Guide Provides Useful BOI Context For Banks

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    Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Opinion

    Contractors Need Protection From NJ Homeowner Protections

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    A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.

  • Opinion

    NY Shouldn't Pair 421-a Restoration And Good Cause Eviction

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    The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

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