Real Estate

  • November 24, 2021

    Mass. Builders Ask 1st Circ. To Clip $5.5M Notre Dame Award

    Two Massachusetts developers have urged the First Circuit to nearly halve a $5.5 million arbitration judgment awarded to the University of Notre Dame following allegations of botched student housing renovations in London, saying the school waited too long to claim a significant chunk of that amount.

  • November 24, 2021

    Lead Atty Disqualified In Ga. Borrowers' Mortgage Rates Case

    A Georgia business court judge has partially disqualified the lead attorney for four Georgia companies that borrowed $51 million in federally guaranteed mortgages, saying he can't represent them in their loan rates case against the lenders if it goes to trial.

  • November 24, 2021

    Real Estate Rumors: Brookwood, SRM Development, Tricera

    Brookwood Financial Partners has reportedly paid $29.1 million for a Florida office building, SRM Development is said to be planning a senior housing project in California, and Tricera Capital is said to have paid $20 million for a Florida office building.

  • November 24, 2021

    Brookfield Lends $107M For New Jersey Logistics Project

    Brookfield has lent $107.4 million to a venture of Lincoln Equities Group and investment firm PCCP for a New Jersey logistics property, according to an announcement on Wednesday from borrower-side broker Cushman & Wakefield.

  • November 24, 2021

    Ballard Spahr's New Real Estate Chair Eyes Big Housing Push

    Ballard Spahr recently appointed its first-ever female chair of real estate, and the firm's new leader told Law360 she expects to see massive investment in affordable housing if the Senate manages to pass President Joe Biden's Build Back Better bill.

  • November 23, 2021

    Court Says Ind. County Sign Standards Are Speech-Barring

    An Indiana federal judge permanently banned an Indiana county on Tuesday from setting certain restrictions and enforcing a permit requirement on outdoor signs, siding with a business claiming that certain provisions of the current enforced sign standards are unconstitutional.

  • November 23, 2021

    Wolf Haldenstein Mostly Wins 'Scorched-Earth' Rent Row

    A New York judge largely ruled for Wolf Haldenstein Adler Freeman & Herz LLP on Monday in a dispute with the law firm's longtime Manhattan landlord, although the court chided both parties for turning an "exquisitely simple" case into "scorched-earth" litigation.

  • November 23, 2021

    Dream Industrial REIT Prices $197M Worth Of Green Notes

    Dream Industrial REIT has priced CA$250 million ($196.8 million) worth of green bonds as the firm seeks to make further investments in energy-efficient properties, according to an announcement from the Canada-based real estate investment trust on Tuesday.

  • November 23, 2021

    Wash. Judge Says Co. In EB-5 Fraud Suit Needs Supervision

    A Washington federal judge turned down a development company's bid to stop the court from appointing a receiver to oversee its assets, ruling Tuesday that the company, which misused funds obtained through the EB-5 visa program, still requires supervision.

  • November 23, 2021

    NBA Team's Insurer Says Ruling Dooms Virus Coverage Bid

    Factory Mutual has urged a California federal judge to dismiss the Sacramento Kings' lawsuit demanding coverage for pandemic-related losses, arguing for the same conclusion a state appellate court reached recently against a hotel making a similar claim.

  • November 23, 2021

    Kossoff To Surrender To Manhattan DA, Plead Guilty

    The Manhattan District Attorney's Office told a bankruptcy judge Tuesday that New York real estate attorney Mitchell Kossoff, who is under investigation for the misuse of client funds, is expected to surrender on Dec. 3 before entering a guilty plea in state court to unspecified charges.

  • November 23, 2021

    Real Estate Rumors: PGIM, Denholtz, Ivanhoe Cambridge

    A PGIM fund has reportedly loaned $48.27 million for a Florida apartment complex, Denholtz is said to have paid $59 million for a Charlotte-area multifamily property, and Ivanhoe Cambridge has reportedly dropped $104.87 million on a Miami apartment complex.

  • November 23, 2021

    Polsinelli Snatches Real Estate Atty From Katten Muchin

    Polsinelli has snatched up a real estate attorney from Katten Muchin Rosenman LLP to work on financing issues in its San Francisco office.

  • November 23, 2021

    Ladder Capital Loans $59M For Queens Studio Property

    Ladder Capital Finance has loaned $59 million for a Queens mixed-use property that includes storage space for cars used for filming, borrower-side broker Jones Lang LaSalle said Tuesday.

  • November 22, 2021

    Insurer Gets $5.3M More In Damages Over Utah Development

    International Fidelity Insurance Co. will add $5.3 million to its $1.3 million win over a scrapped development project in downtown Salt Lake City, but must show more proof to justify its request for court expenses, according to an order by a Utah federal judge.

  • November 22, 2021

    NY Homeless Nonprofit Executive Cops To Stealing $2.4M

    The operator of a New York homeless shelter copped to raiding nearly $2.4 million from the nonprofit's coffers and failing to pay taxes on it while she and her family lived in the lap of luxury, state Attorney General Letitia James announced Monday.

  • November 22, 2021

    Real Estate Rumors: Lithia Motors, Bank Leumi, Collier

    Lithia Motors has reportedly picked up two Florida auto dealerships for $43 million, Bank Leumi is said to have loaned $95 million for a Queens multifamily project and developer Collier Cos. is said to have paid $17 million for 5.05 acres in South Florida.

  • November 22, 2021

    NJ Justices To Tackle Job Status Of Real Estate Agents

    The New Jersey Supreme Court will take on whether the state's so-called ABC test applies to determining whether commissioned real estate agents are employees or independent contractors, representing what Weichert Realtors has called a "high-stakes" issue as it fights class claims that the business unlawfully deducted expenses from salespeople's wages.

  • November 22, 2021

    NJ Resumes Evictions For Residential Foreclosures

    The New Jersey judiciary made public Monday that evictions in residential foreclosures will resume in the state after nearly two years of a moratorium preventing tenants from being removed from their properties in light of the COVID-19 pandemic.

  • November 22, 2021

    Herrick Feinstein Guides $105M Manhattan Real Estate Loan

    A Daishin Securities entity has loaned $105 million for an office building on Madison Avenue in Manhattan in a deal Herrick Feinstein worked on, according to records made public in New York on Monday.

  • November 22, 2021

    High Court Rejects Mississippi Water Theft Claims

    The U.S. Supreme Court on Monday rejected Mississippi's bid to stop Tennessee from pumping groundwater out of an aquifer that sits beneath those and several other states and said Tennessee does not have to pay it $615 million in restitution.

  • November 19, 2021

    NY Firm Can't Rep NJ Town In Mount Laurel Doctrine Matter

    Cadwalader Wickersham & Taft LLP cannot represent the New Jersey town of Englewood Cliffs in a legal malpractice lawsuit stemming from an affordable housing matter because the firm lacks expertise in the Garden State's unique housing case law, a state court judge ruled Friday.

  • November 19, 2021

    Real Estate Rumors: Wells, G4 Capital, One Real Estate

    Wells Fargo has reportedly lent $40.78 million for a Florida industrial project, G4 Capital is said to have lent $284 million for a Brooklyn condo project, and One Real Estate Investment is said to have sold a Florida apartment complex for $35.4 million.

  • November 19, 2021

    Chinese Investors Win $37M In Fla. Hotel EB-5 Row

    A Florida federal judge awarded a group of 17 Chinese nationals nearly $37 million in a final default judgment Friday against a father and son duo accused of carrying out an EB-5 investment scam through a Palm Beach luxury hotel project.

  • November 19, 2021

    NYC Lawyer Charged With Straw Donor Matching Funds Scam

    A politically connected New York City lawyer orchestrated a straw donor scheme to bilk Gotham's public campaign matching funds program and boost Lt. Gov. Brian Benjamin's failed city comptroller bid, the U.S. Department of Justice charged Friday.

Expert Analysis

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • Opinion

    US Needs Strategy On Unwinding Eviction Moratorium

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    A national set of eviction rules from the Biden administration remains the best U.S. hope for preventing uneven responses and unequal COVID-19 recovery throughout the country, as the end of the federal moratorium threatens an onslaught of eviction actions and bankruptcy filings, say Jonathan Carson and Eric Kurtzman at Stretto.

  • Texas Insurers' Paths To Post-Appraisal Summary Judgment

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    Despite Texas insurance law changes that have altered the interaction between appraisal awards and certain extracontractual claims, recent state and federal court decisions show insurers still have options for summary judgment on policyholders' claims after the entry of an appraisal award, say Michael O'Brien and Claire Fialcowitz at Zelle.

  • Mitigating Inflation's Impact On Commercial Contracts

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    As accelerating inflation threatens to turn many commercial contracts unprofitable for sellers, lessors and lenders, prospects of court relief are slim, but certain contract clauses and revisions can help, says Jonathan Hugg at Schnader Harrison.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • Bipartisan CFIUS Proposals Lack Cohesive Security Strategy

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    Although there is bipartisan support for expansion of the Committee on Foreign Investment in the United States' jurisdiction, diversity within the flurry of recent legislative proposals reflects a deeper struggle over the scope and kinds of economic security issues that should be treated as a matter of national security, says attorney Devin DeBacker.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • What Latest Build Back Better Draft Means For Green Energy

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    The House Rules Committee's most recent draft of the Build Back Better Act would be a game changer for renewable energy, with numerous updates to investment and tax policies affecting green power projects — but stakeholders must factor in the possibility of more changes to the bill before enactment, say attorneys at Troutman Pepper.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • How NYC Property Owners Can Manage Snow And Ice Liability

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    As winter nears, New York City property owners should take stock of recent case law regarding potential liability for sidewalk accidents resulting from snow and ice, and consider best practices for defending against litigation, say Nicholas Hurzeler and Gregory Katz at Lewis Brisbois.

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