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Real Estate
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June 27, 2024
Texas Bank Moves For Partial Win In Ginnie Mae Loan Suit
Texas Capital Bank told a federal judge that it's entitled to tens of millions of dollars in collateral on which it has a first-priority lien that it said Ginnie Mae wrongfully diverted to itself, and that the court has already addressed the issue that warrants partial summary judgment in its favor.
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June 27, 2024
Insurers Call Rite Aid Ch. 11 Opioid Deal Unfair
Counsel for bankrupt drugstore chain Rite Aid told a New Jersey bankruptcy judge Thursday that it hopes to reach an agreement with at least some of its insurers on payments into an opioid settlement fund before closing arguments in its Chapter 11 plan confirmation Friday.
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June 27, 2024
NY Regulators Say Pot Companies' Bid Would Ruin Industry
New York's cannabis authority has urged a state court to toss a lawsuit seeking to invalidate hundreds of retail permits over claims that the agency gave special treatment to certain applicants, arguing that granting such a request would be "financially ruinous" for many and detrimental to the "emerging retail cannabis industry."
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June 27, 2024
IRS To Offer Combined Filing For Energy Investment Credits
The Internal Revenue Service will let clean energy project owners that are claiming investment tax credits for more than 200 facilities file the claims with a single form, an agency official said Thursday.
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June 27, 2024
4th Circ. Dismisses Chinese Currency Issues In $3.6M Award
The Fourth Circuit on Thursday shut down an argument that enforcing a $3.6 million Hong Kong arbitral award would violate U.S. public policy by allowing the winning party to skirt Chinese currency controls, in a dispute stemming from the organization of a real estate development firm.
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June 27, 2024
NY Historic Building Rehab Tax Credits Apply Per Structure
New York's $5 million tax-credit cap for rehabilitation projects of historic properties is applied on a per-structure basis even if multiple structures are included on a single application, the state Department of Taxation and Finance said in a declaratory ruling.
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June 27, 2024
Alaskan Land Trust Fight Remanded Over Misplaced Authority
An Alaska federal judge has vacated and remanded a decision from the U.S. Department of the Interior to take a 787-square-foot piece of land in downtown Juneau into trust for an Alaskan tribal government, saying the agency relied on an aboriginal title factor already established in a law designed to settle the state's land claims.
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June 27, 2024
US Service Members Want Timeshare Class Action Certified
A putative class of U.S. service members who borrowed timeshare loans pushed for class certification for their suit in Florida federal court against two timeshare companies, which were accused of violating the Military Lending Act by not making legally required disclosures about the loans and arbitration requirements.
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June 27, 2024
Fla. County Owes Tax To Other County, Fla. Justices Rule
The Florida Supreme Court ruled Thursday that counties are not immune from being taxed on properties they own in other counties, affirming a decision that said Pinellas County cannot claim sovereign immunity to duck taxes on property it owns in neighboring Pasco County.
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June 27, 2024
Insurer Gets Early Win In $2.2M Texas Assault Coverage Suit
A bar's insurer has no duty to cover a $3.2 million personal injury judgment beyond the insurer's $1 million policy limit, a Texas federal court ruled, rejecting arguments from the bar, its owner and underlying plaintiffs that the insurer unreasonably denied the plaintiffs' presuit settlement demand.
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June 27, 2024
Ex-Deputy Mayor Of Newark Pleads Guilty In Bribery Scheme
A former deputy mayor of Newark, New Jersey, has admitted in federal court that he conspired with two business owners in a bribery scheme involving the acquisition and redevelopment of various city-owned properties, federal prosecutors said.
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June 27, 2024
Susan Sarandon Can Get Home Contractor's Bank Records
A Massachusetts credit union must give Hollywood star Susan Sarandon some of the personal financial records of a contractor who she says failed to properly oversee construction of her $2 million sustainable home in Vermont, a federal magistrate judge ruled Wednesday.
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June 27, 2024
SEC Sues Fla. Loan Website, CEO Over 'Fictitious' Revenue
A purported online lender and its CEO face U.S. Securities and Exchange Commission allegations that the company's reported revenue for certain periods was "a figment" of the CEO's imagination.
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June 26, 2024
Umpqua Bank Can't Undo Class Cert. In $300M Ponzi Suit
Oregon-headquartered Umpqua Bank has lost its bid to partially decertify a class of investors suing it over claims that it aided and abetted a $300 million Ponzi scheme, and it also can't block those same investors from later seeking prejudgment interest in the case, a San Francisco federal judge has determined.
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June 26, 2024
Window Seal Maker Can't Nix Condo's Faulty Glass Panel Suit
A Washington federal judge on Tuesday refused to free a window component maker from a lawsuit claiming it helped conceal defects in a Seattle condominium's windows, saying the court had personal jurisdiction because the alleged wrongdoing was characterized as a deliberate act that affected a large number of actual Washington consumers.
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June 26, 2024
Fla. Court Paves Way For $1B Miami Highway Expansion
A Florida appeals court on Wednesday affirmed a decision overturning an administrative law judge's ruling against a $1 billion Miami-Dade County plan for a highway extension into wetlands and agricultural areas, paving the way for the controversial plan to move forward.
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June 26, 2024
States Say Revised EPA Water Rule Worse Than Original
Two dozen states are seeking a quick win against the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and several Native American tribes in their suit challenging a revised rule defining the Clean Water Act's reach, saying it doesn't solve many problems found in the original rule.
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June 26, 2024
Colo. County's Short-Term Rental Regs Survive Challenge
A Colorado federal court has upheld a county's ordinance limiting short-term rentals in residential areas, finding it doesn't violate the 14th Amendment's equal protection clause just because it doesn't apply in areas zoned for resorts.
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June 26, 2024
Conn. Firm Settles Suit Against Insurer Over Office Damage
A Connecticut law firm and a real estate company on Wednesday agreed to drop a federal lawsuit accusing their insurer of failing to fully cover damage from a leak at their New Haven offices, less than two weeks after the insurer notified the court of a pending settlement, court records show.
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June 26, 2024
Choctaw Nation Wants 9th Circ. Rehearing In CVS Arb. Dispute
The Choctaw Nation has asked the Ninth Circuit for a rehearing in an effort to undo the court's decision forcing it to arbitrate a dispute over prescription drug reimbursements with subsidiaries of CVS Health Corp., arguing it never waived sovereign immunity and did not agree to such proceedings on its Recovery Act claims.
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June 26, 2024
White House Unveils $1.8B In Transportation Grants
U.S. Transportation Secretary Pete Buttigieg revealed on Wednesday that the agency had awarded $1.8 billion in grants for 148 transportation infrastructure projects across the country, as part of the Rebuilding American Infrastructure with Sustainability and Equity discretionary grants program.
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June 26, 2024
NJ, Pa. Apartment Co. Accused Of Migrant Discrimination
A Guatemalan immigrant who has received protections under the Deferred Action for Childhood Arrivals program accused a real estate development and management company of alienage discrimination on Wednesday after she was informed that the company could not accept her housing applications without a valid permanent resident card or visa.
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June 26, 2024
Ex-Worker Says NC Justices Needn't Review Carcinogen Test
A former graduate student worker for North Carolina State University has told the Tar Heel State's highest court that the school is trying to delay a potential lawsuit by continuing its fight to keep the ex-employee and cancer patient from investigating a campus building for carcinogens.
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June 26, 2024
Red Roof Trafficking Case Settled In Middle Of Trial
The corporate owners of two Red Roof Inn locations in Atlanta and 11 women who claim they were trafficked there for years without intervention have reached a midtrial settlement ending the case.
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June 26, 2024
Six Flags, Cedar To Close $8B Merger Following DOJ OK
Six Flags Entertainment Corp. and Ohio-based amusement park peer Cedar Fair LP have cleared regulatory scrutiny from the U.S. Department of Justice, paving the way for a July 1 closing of the two companies' previously announced blockbuster $8 billion merger.
Expert Analysis
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Environmental Justice: A 2023 Recap And 2024 Forecast
A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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The Year Ahead In Foreign Investment And National Security
In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Sale-Leasebacks May Provide A Safe Financing Alternative
Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.
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5 Recent Developments Family Offices Are Watching In 2024
Although family offices have long been exempt from many of the more onerous regulations and reporting requirements governing U.S. investment advisers and asset managers, recent amendments to federal rules will have an impact on how family offices invest and operate in 2024, say attorneys at Morgan Lewis.
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A Challenging CRE Environment Holds Opportunities In 2024
As the commercial real estate market faces reduced occupancy levels and rising financing costs, the new landscape will be favorable to those who can leverage capital, strategic vision and expertise to meet challenges like taking on distressed properties and converting office space to residential use, say Nesa Amamoo and Vered Rabia at Skadden.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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A Difficult Year For CRE, But Future May Be Brighter
2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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3 Developments That Will Affect Hospitality Companies In 2024
As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.
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What WeWork's Ch. 11 Filing Means For Landlords
WeWork’s recent Chapter 11 filing in New Jersey has the potential to be one of the most consequential cases in the real estate industry in many years, and presents a number of issues for landlords, including unexpired leases, assumption, assignment and more, say attorneys at Mayer Brown.