Real Estate

  • August 23, 2024

    Colo. Board Wrong In Nixing Fees From Valuation, Court Rules

    The Colorado Board of Assessment Appeals improperly applied a state Supreme Court decision that erroneously revived a dispute over whether fees should be included in a resort's property valuation, a state appeals court ruled.

  • August 23, 2024

    Brokerage Startup Challenges NAR Listing Rules

    A Utah-based residential brokerage startup has accused the National Association of Realtors, an affiliated Utah multiple listing service and several major brokerages including Keller Williams Realty Inc. of engaging in an antitrust conspiracy that involved the defendants blocking the startup from accessing the NAR's MLS because the startup offers cheaper commission fees.

  • August 23, 2024

    Insurer Scores Coverage Win Over Retaining Wall Failure

    A contractor's insurer has no duty to help cover a $2.66 million settlement over the contractor's faulty construction of retaining walls, a Washington federal court ruled, finding an "impaired property" exclusion applicable.

  • August 23, 2024

    Wachtell Reps As MLB's Braves Announce Executive Shakeup

    The parent company of the Atlanta Braves on Friday announced that Chairman and CEO Terry McGuirk will have increased voting power, representing a major shift in control after Liberty Media Corp. split off from the MLB team and its associated real estate development company in November 2022 to become a separate publicly traded entity.

  • August 23, 2024

    Williams Mullen Rehires Ellis & Winter Atty In NC

    Williams Mullen has brought back a former associate, who is rejoining the firm's Raleigh, North Carolina, team as a partner to work on a range of commercial real estate-related matters.

  • August 23, 2024

    DOJ Sues RealPage For Helping Fix Rental Rates

    The U.S. Department of Justice filed an antitrust lawsuit Aug. 23 accusing RealPage of helping residential landlords across the country fix rental prices through the use of its revenue management software.

  • August 22, 2024

    Homeowner Loses Atty Fees In Suit Over HOA Fence Policy

    A Texas appeals court reversed a homeowner's win in a dispute with his neighbors over privacy fences facing a road, finding that a new state law prevents homeowners associations from enacting any covenant barring homeowners from putting up security measures, so the homeowner couldn't collect attorney fees.

  • August 22, 2024

    Pennsylvania Hospital Gets 1 Week Reprieve In Steward Ch. 11

    A Texas bankruptcy judge on Thursday approved an order setting general closing procedures for bankrupt hospital operator Steward Health Care, but gave Pennsylvania authorities a week's reprieve as they try to arrange a hospital sale.

  • August 22, 2024

    Texas Court Backs Nate Paul's Co. In Real Estate Receiver Row

    A Texas state appeals court on Thursday reversed a decision allowing a receiver to settle a lawsuit on behalf of a company owned by real estate investor Nate Paul, relying largely on a dispute from an El Paso appeals court involving Paul's companies with "nearly identical" facts.

  • August 22, 2024

    Ex-Morgan Stanley Representative Concedes SEC Suit

    A former Morgan Stanley representative who was criminally convicted in a $4.8 million Ponzi scheme has conceded in a suit brought by the U.S. Securities and Exchange Commission, saying he agrees with the agency that judgment should be issued against him.

  • August 22, 2024

    Kenya's Justices May Ax Part Of Tax Act That Set Off Unrest

    The Supreme Court of Kenya agreed to stay a lower court's ruling declaring unconstitutional the government's entire 2023 tax package, which sparked deadly nationwide protests, but it looks likely to scrap at least part of the law next month, attorneys told Law360 on Thursday.

  • August 22, 2024

    Apache Carry Petition To High Court With A Prayer Journey

    Members of an Apache nonprofit fighting to save an Indigenous worship site from destruction are making stops to visit other tribes throughout the country for prayers and support as they deliver a petition to the Supreme Court that seeks to undo a Ninth Circuit ruling and block a mining project.

  • August 22, 2024

    Auburn Wants Out Of 11th Circ. Arguments Over Burial Ground

    Auburn University has asked the Eleventh Circuit to be excused from oral arguments next month in a dispute between two Native American groups over a burial ground where centuries-old human remains were exhumed to make way for construction of a multimillion-dollar casino.

  • August 22, 2024

    King & Spalding Grows New York Real Estate Group

    An attorney specializing in transactional work and fund formation moved his practice this week to King & Spalding LLP's New York office after four and a half years with Schulte Roth & Zabel LLP.

  • August 22, 2024

    Chinese Developer Seeks US Recognition For $7.4B Reorg

    A Chinese real estate developer is asking a New York bankruptcy judge for U.S. recognition for its efforts to restructure more than $7.4 billion in overseas debt held in Hong Kong and the Cayman Islands.

  • August 21, 2024

    Top New York Real Estate News This Summer

    Catch up on the hottest real estate news out of New York so far this summer, from office sales and foreclosures to casino projects and housing policies.

  • August 21, 2024

    Fla. Co. To Pay $5M To End CFPB's Illegal Foreclosure Claims

    Florida-based mortgage servicer Fay Servicing agreed Wednesday to pay a total of $5 million and its founder and CEO Edward Fay faces potential pay restrictions to resolve the Consumer Financial Protection Bureau's claims the company violated a prior 2017 agreement and multiple federal laws that protect borrowers against illegal foreclosure practices.

  • August 21, 2024

    Finance Guru Can't Send Timeshare Fraud Suit To Arbitration

    Celebrity financial planner David L. Ramsey III and his company can't pause and arbitrate a proposed class action alleging they promoted a timeshare exit fraud scheme on his radio show, a Washington federal judge said Wednesday, finding they were not included in arbitration agreements with the timeshare owners.

  • August 21, 2024

    Insurers Escape Calif. Starbucks Drive-Thru Easement Row

    A California appeals court affirmed a lower court decision, finding commercial property insurers didn't have to defend an owner who allegedly tricked one tenant into signing an easement agreement for a parking lot, neglecting to mention it would be used by a Starbucks drive-thru.

  • August 21, 2024

    Fla. Real Estate Co.'s Assets Frozen After $56M Ponzi Claims

    The U.S. Securities and Exchange Commission has secured an asset freeze in its suit against a Florida-based real estate investment company whose managers misused tens of millions of investor proceeds, including by paying investors "in a Ponzi-like fashion."

  • August 21, 2024

    Minn. Justices OK Denial Of Homestead Tax Break

    A Minnesota property was correctly denied a homestead classification and property tax break because the owner did not live at the home as required, the state Supreme Court said Wednesday, affirming a state tax court decision.

  • August 21, 2024

    3rd Circ. Affirms Health Chain Win In Pa. Hospital Sale Dispute

    The seller of a Pennsylvania hospital was in compliance with its state licensing requirements when the facility was sold, and thus, did not violate the terms of the sale agreement when the buyer needed to update its fire-safety plans to stay licensed, the Third Circuit has affirmed.

  • August 21, 2024

    Travelers Settles With Pa. Firm Over Stealing $1M From Client

    A Pennsylvania federal judge dismissed an insurance coverage dispute Wednesday, in light of a settlement between Travelers Insurance and a closed Pennsylvania law firm whose principal attorney was disbarred after he pled guilty to stealing almost $1 million from clients.

  • August 21, 2024

    NJ Health System Calls Proskauer DQ Bid A 'Litigation Tactic'

    RWJBarnabas Health urged a New Jersey federal judge to reject its competitor's attempt to disqualify Proskauer Rose LLP from representing the healthcare system in an antitrust suit, telling the court the "litigation tactic" is merely the plaintiff's effort to replace opposing counsel because its case is going badly.

  • August 20, 2024

    Ariz. Tribe Wins Pause Of Lithium Project Construction

    An Arizona federal judge has granted the Hualapai Indian Tribe's bid for a temporary restraining order in its lawsuit seeking to halt U.S. government approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes.

Expert Analysis

  • What's New In Kentucky's Financial Services Overhaul

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    Kentucky's H.B. 726 will go into effect in July and brings with it some significant restructuring to the Kentucky Financial Services Code, including changes to mortgage loan license fees and repeals of provisions relating to installment term loans and savings associations, say attorneys at Frost Brown.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • How Real Estate Cos. Can Protect Their IP In The Metaverse

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    The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • A Comparison Of FDIC, OCC Proposed Merger Approaches

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    Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • Ga. Law Creates Challenges For Foreign Ownership Of Land

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    Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.

  • Questions Remain After Mass. Adverse Possession Case

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    A recent Massachusetts Land Court decision, concerning an adverse possession claim on a family company-owned property, leaves open questions about potential applicability to closely held corporations and other ownership types going forward, says Brad Hickey at DarrowEverett.

  • 4 Takeaways From Biden's Crypto Mining Divestment Order

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    A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.

  • Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict

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    In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema. 

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • 11th Circ. Ruling May Foreshadow Ch. 15 Clashes

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    The Eleventh Circuit's recent decision in In re: Talal Qais Abdulmunem Al Zawawi has introduced a split from the Second Circuit regarding whether debtors in foreign proceedings must have a domicile, calling attention to the understudied nature of Chapter 15 of the Bankruptcy Code, say attorneys at Cleary.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

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