Real Estate

  • May 23, 2024

    SD Governor Now Banned By All Nine Of State's Tribes

    The Flandreau Santee Sioux Tribe is asking South Dakota Gov. Kristi Noem to clarify and apologize for her repeated statements that tribal leaders are working with drug cartels after its executive council voted to ban her from their lands, becoming the last of the state's nine tribes to take such action.

  • May 23, 2024

    PNC, Loan Officers Ink $12M Deal In Rest Break Suit

    PNC Bank has agreed to pay nearly $12 million to end a class action alleging the bank didn't pay mortgage loan officers for time spent on breaks and failed to issue accurate wage statements, according to a joint motion filed Wednesday in California federal court.

  • May 23, 2024

    FirstKey Sanctioned For Trying To Coerce Workers In OT Suit

    A Texas federal judge sanctioned FirstKey Homes LLC for issuing coercive communications to employees in an apparent effort to steer them from joining a proposed wage and hour class action, finding Wednesday the only purpose the company had was "attempting to undermine the collective action in this case."

  • May 23, 2024

    Ill. Justices OK $28M Tax Value Appeal Without Payment

    A power company's property in Illinois was not required to pay disputed property taxes before appealing a valuation, the Illinois Supreme Court affirmed Thursday, upholding a reduction in the assessment of about $28 million.

  • May 23, 2024

    Split Ohio High Court Says Jury Must Mull Drilling Rights Row

    A split Ohio Supreme Court unraveled a trial court ruling in favor of oil and gas rights owner Tera LLC that acted as the basis of a $40 million damages award against Gulfport Energy, reasoning Thursday that there is a "genuine issue of material fact" over the meaning of certain terms in parties' lease agreement.

  • May 23, 2024

    Houston Law Firm Wants To DQ Creditors' Counsel In Ch. 11

    Troubled MMA Law Firm PLLC is seeking to stop another firm from representing its bankruptcy creditors, arguing that MMA's principal had previously spoken with the other firm as a prospective client and had shared confidential information that now could be used against his firm.

  • May 23, 2024

    Oakland Coliseum Sold To Black-Led Biz Group For $105M

    The City of Oakland has agreed to sell its share of the Oakland Coliseum to a group of Black community, business and investment leaders for a minimum of $105 million in a deal that the city said will pave the way for affordable housing units, outdoor space and future developments.

  • May 23, 2024

    Wow Such Basic: Justices Back Crypto Fans In Dogecoin Duel

    It's up to judges, not arbitrators, to figure out whether contracts between businesses and consumers have subtly superseded earlier agreements to hash out disputes in arbitration rather than litigation, the U.S. Supreme Court ruled Thursday.

  • May 22, 2024

    Skadden, Latham Lead Specialty Insurer's Upsized $128M IPO

    Private equity-backed insurer Bowhead Specialty Holdings Inc. on Wednesday priced an upsized $128 million initial public offering above its planned price range, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters' counsel Latham & Watkin LLP, marking the first sizable insurance IPO of 2024.

  • May 22, 2024

    Zillow Trade Practices Case Meets Skeptical Conn. Judge

    A federal judge in Connecticut on Wednesday seemed skeptical of a real estate sales associate's proposed class action complaint against Zillow Inc., suggesting that the website's "Zestimates" of home values are protected by the First Amendment during a summary judgment hearing on the sole remaining claim in the dispute.

  • May 22, 2024

    CBRE Calls Exec's Noncompete Right Fit In A Small World

    A Texas appellate court wondered Wednesday whether a temporary injunction that seemingly bars a former CBRE executive from working in his trade anywhere in the world goes too far, and questioned the validity of the underlying noncompete agreement at the center of the legal battle.

  • May 22, 2024

    Ill. Justices Weigh Zurich's Right To Recover $3M Flood Loss

    The Illinois Supreme Court weighed Wednesday whether Zurich American Insurance Co. can recoup $3 million from a subcontractor for water damage repair costs the insurer paid to a general contractor despite Zurich filing suit on behalf of a different insured.

  • May 22, 2024

    Developer Had No Duty To Verify Flood Model, Court Hears

    A Houston-area developer indicated before a state appeals court Wednesday that the consequences of entering a judgment in favor of more than 400 homeowners whose properties flooded during Hurricane Harvey would be catastrophic, as their claims boil down to the developer's alleged failure to double-check modeling conducted by an outside consultant.

  • May 22, 2024

    Chancery Keeps RedBird-Brookfield Dispute Stay In Place

    A Delaware vice chancellor declined Wednesday to rule from the bench on a preliminary injunction sought by Redbird Capital Partners in a dispute over a Brookfield Infrastructure Partners claim for a $150 million escrow included in its $5.7 billion purchase of RedBird data center projects last year.

  • May 22, 2024

    Pa. Justices To Say If Building Co-Owner Is 'Indispensable'

    The Supreme Court of Pennsylvania will take up an appeal over whether the co-owner of a rental property who doesn't handle its operation is nonetheless an "indispensable party" whose omission was fatal to a tenant's slip-and-fall lawsuit.

  • May 22, 2024

    NJ Atty Faces Fla. Suspension Over Sale Of $1.6M Painting

    An attorney suspended for one year in New Jersey last year for smuggling a $1.6 million painting out of his house to avoid an asset sale has agreed to a guilty plea accepting another yearlong suspension in Florida related to the scheme.

  • May 22, 2024

    Twitter Must Turn Over Records In Eviction Fight

    A Colorado state judge has ordered X Corp., formerly Twitter, to produce records in a lease dispute related to its alleged decision to not pay rent to a Colorado landlord, but found it's not necessary at this point for the social media company to turn over documents about other leases.

  • May 22, 2024

    Fraud Defendant Strikes Deal To End Ch. 11, Sell House

    A corporation owned by the defendant in a $93 million securities fraud case Wednesday told a Florida bankruptcy judge it has reached a deal to end its Chapter 11 case and sell the multimillion-dollar Coral Gables home that is its sole asset.

  • May 21, 2024

    Realtors Want Rethink After DOJ Antitrust Probe Allowed

    The National Association of Realtors has asked the D.C. Circuit for a rehearing after the appeals court found the U.S. Department of Justice can reopen an antitrust investigation into the trade group despite an earlier agency settlement over the association's rules.

  • May 21, 2024

    Quarry Not Liable For Dirt Bike Accident, NJ Panel Says

    The owner of a New Jersey quarry long used by all-terrain vehicle enthusiasts cannot be held liable for injuries a dirt biker sustained after he struck a steel cable on the property, a state appeals court has ruled, saying the landowner installed the cable for legitimate, not malicious, purposes.

  • May 21, 2024

    Toll Bros. Lobs Legal Malpractice Claims At Gordon Rees

    Luxury home builder Toll Bros. Inc. has filed legal malpractice and breach of contract claims against Gordon Rees Scully Mansukhani LLP, claiming that the California-based firm didn't comply with discovery obligations, among other failures while representing Toll Bros. in a dispute over a project in Washington state.

  • May 21, 2024

    LoanDepot's $3.5M Deal In IPO Disclosure Suit Gets Final OK

    A California federal judge has granted final approval to LoanDepot's $3.5 million settlement in a suit alleging it misled investors leading up to the company's initial public offering, despite a shareholder's objection that the settlement is insufficient.

  • May 21, 2024

    DOJ Drops Disability Bias Suit Over Minn. City's Nuisance Law

    The U.S. Department of Justice and the Minnesota city of Anoka asked a Minnesota federal judge on Tuesday to approve a proposed agreement that would end the DOJ's suit alleging that a local nuisance ordinance discriminated against tenants with mental health disabilities and the associates of those tenants.

  • May 21, 2024

    Texas Court Questions Luxottica On 'Playing Favorites' In Sale

    A Texas appellate court on Tuesday asked whether an eyewear conglomerate was "playing favorites by not disclosing" alleged fraud by its franchisees in a sale of two stores to other franchisees, questioning Luxottica's assertion it had to keep its hands off the transaction.

  • May 21, 2024

    Red Lobster Gets OK To Tap $40M Ch. 11 Loan

    A Florida bankruptcy judge Tuesday gave seafood chain Red Lobster interim permission to draw on $40 million in Chapter 11 financing the company says is necessary to keep its restaurants running while it seeks a sale.

Expert Analysis

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

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    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • NJ Foreclosure Law Will Have Multifaceted Impact On Lenders

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    New Jersey's A.B. 5664 introduces significant reforms to foreclosure proceedings in the state, potentially lessening the burden on lenders and servicers to maintain foreclosed properties, but also brings new limitations and time frames, say Christina Livorsi and Wael Amer at Day Pitney.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • How Lease Obligations Can Affect Subchapter V Debt Cap

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    Two recent bankruptcy rulings in the Eastern District of Virginia and the Southern District of New York take opposite positions on whether unmatured lease obligations are considered noncontingent debt for the purposes of calculating debtors' Subchapter V eligibility, say Joseph Orbach and Henry Thomas at Thompson Coburn.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • 11 Noteworthy CFPB Developments From 2023

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    Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

  • Insured Takeaways From 10th Circ. Interrelated Claims Ruling

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    The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.

  • NY CRE Lenders Need Clarity On Foreclosure Standing

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    Recent contradictory New York case law regarding issues of standing in commercial real estate litigation creates confusion for borrowers and lenders alike, and should be addressed by courts in advance of the anticipated onslaught of commercial mortgage-backed securities foreclosures, say Christopher Gorman and John Muldoon at Rosenberg & Estis.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

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