Real Estate

July 12, 2024
Lawmakers Unveil $1B Water Infrastructure Bill For Ariz. Tribe

A bipartisan group of Arizona federal lawmakers has introduced legislation in both houses of Congress to ratify and provide just over $1 billion in funding to resolve the Yavapai-Apache Nation's water rights claims and bring additional supplies to the Verde Valley.
July 12, 2024
Pa. Drive-In Dinged For Sleepovers In No-Campground Zone

A Pennsylvania drive-in movie theater's "overnight passes" for guests to stay after a late-night showing or for multiple days of a movie marathon effectively made the theater into a campground and ran afoul of township zoning ordinances, a state appellate court ruled Friday.
July 12, 2024
Va. Tax Head Upholds Denial Of Resident's Subtraction

Virginia residents were properly denied an income tax subtraction that they claimed because of recaptured depreciation that came from the sale of a rental property, the state tax commissioner ruled.
July 12, 2024
Wayfair Says Contractor On 1st Megastore Stiffed Vendors

Online retailer Wayfair LLC says the company it hired to oversee the build-out of its first "large-format" brick and mortar location failed to pay multiple subcontractors on the project, forcing Wayfair to pay the subcontractors directly to ensure that the store opened on time, according to a complaint filed Friday.
July 12, 2024
Saul Ewing Adds Entertainment, Real Estate Litigator In LA

Saul Ewing LLP has added as a partner in its Los Angeles office a trial attorney with a nearly 30-year track record of representing public and private companies, along with executives and investors in entertainment and real estate disputes.
July 12, 2024
Conn. Landlord Loses COVID-Era Lease Fight With Eatery

A Connecticut landlord did not tender an "unequivocal ultimatum" booting an eatery from a parcel of property, an appellate panel ruled Friday, finding that since the landlord vacillated between kicking the tenant off its Wallingford land and accepting payments, a 2020 eviction notice had no effect.
July 12, 2024
UK Litigation Roundup: Here's What You Missed In London

This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.
July 11, 2024
2nd Circ. Backs Disbarred Atty's Prison Term For Fraud Plea

A disbarred California attorney can't reverse a Manhattan federal court's 5½-year prison sentence and $5.5 million restitution order that followed his guilty plea to wire fraud for a real estate and venture fraud scheme, the Second Circuit ruled Thursday.
July 11, 2024
Biden's FDIC Pick Hangs Tough Amid GOP Doubts On Record

President Joe Biden's candidate for Federal Deposit Insurance Corp. chair faced scrutiny Thursday as Republican senators at her nomination hearing expressed their skepticism about her readiness to lead the agency, but her critics nevertheless appeared unlikely to derail her prospects for confirmation outright.
July 11, 2024
Texas AG Claims He's About To Be Impeached Again

In a social media post about an upcoming Texas House committee meeting, Attorney General Ken Paxton said "weak-kneed" establishment Republicans and Democrats are conspiring on a second impeachment effort to try to remove him from office — a claim the committee chair called "farfetched fantasy."
July 11, 2024
All Grand Jury Witnesses Get Civil Immunity, Colo. Panel Says

A Colorado state appeals court held for the first time Thursday that all types of grand jury witnesses have absolute immunity for their testimony, though they don't have sweeping protection for statements made before the proceedings start.
July 11, 2024
7th Circ. Revives CFPB's Lender Redlining Suit

The Consumer Financial Protection Bureau should be allowed to pursue claims that a mortgage lender illegally disparaged majority-Black neighborhoods, the Seventh Circuit said Thursday, finding the agency was empowered to enforce violations against prospective borrowers.
July 11, 2024
Allstate Must Face Deflated Payments Suit, Judge Rules

Allstate cannot escape a proposed class action accusing the insurer of wrongfully depreciating labor costs as part of actual cash value payments to insureds for property damage, an Arizona federal judge ruled, finding that the named plaintiff didn't lack standing and that her claims weren't time-barred.
July 11, 2024
Fire Fee Reversal Risks 'Chaos' For Cities, Detroit Says

The city of Detroit urged Michigan Supreme Court justices to leave in place a decision that said its fire inspection fees are not a disguised unlawful tax because reversing it could send municipalities into "chaos" over their permit and license fee practices.
July 11, 2024
Condo Owner Can Sue Over Icy Sidewalk, Mich. Justices Rule

A condominium owners' association can be sued by a member who slipped on ice in a common area, the Michigan Supreme Court ruled Thursday, finding an association has a duty to exercise reasonable care to protect condo owners in shared spaces.
July 11, 2024
Judge Grants Tesoro Injunction In Pipeline Fight With Feds

A North Dakota federal judge has granted a Marathon Petroleum Corp. subsidiary's request for an injunction to block an Interior Department order vacating several decisions related to a pipeline crossing through part of the Fort Berthold Indian Reservation.
July 11, 2024
Pa. Condo Owner Group Takes Inner-Tower Conflict To Court

The residents association of a downtown Pittsburgh condo building sued the building's commercial association in state court, alleging they have been improperly denied access to commercial sections of the building needed to complete HVAC repair work.
July 11, 2024
'Bridgegate' Defense Offers Road Map For NJ RICO Case

Counsel for the powerful New Jersey mogul and Democratic operatives facing explosive racketeering charges are likely to justify their actions as just business, experts told Law360, describing defense tactics similar to the ones that absolved defendants in "Bridgegate," New Jersey's most notorious politics-fueled crime in recent history.
July 10, 2024
Utah Goes 'Too Far' In Seeking Order Clarity, Tribe Says

A Native American tribe asked a federal district judge Tuesday to deny a bid by Utah to clarify a June order that dismissed the tribe's racial-bidding scheme claims against several state officials, arguing that the state is using the request as a vehicle to ax all remaining allegations in the tribe's suit.
July 10, 2024
Washington Justices To Tackle CARES Act Eviction Split

Washington's Supreme Court has agreed to review whether the CARES Act eviction notice only applies to tenants who are late on rent, and not to violent tenants targeted by landlords for quick removal.
July 10, 2024
NJ Panel Says Tax Amendment Challenge Had No Real Claim

A New Jersey state appeals court on Wednesday tossed a challenge to an amendment blocking certain appeals from being litigated in the state's tax court, reasoning that parties can still fight tax matters in trial court.
July 10, 2024
NJ Justices OK Class Waivers Sans Arbitration Mandates

Class action waivers don't require a mandatory arbitration provision to be enforceable, the New Jersey Supreme Court ruled Wednesday, while also warning that waivers deemed unconscionable for other reasons may be invalidated.
July 10, 2024
Mich. County Fights To Keep $217M Edenville Dam Repair Tax

Homeowners attacking a localized tax to fund the reconstruction of four dams have already had a chance to contest the assessment and shouldn't get a second one, a Michigan county told a federal judge Tuesday.
July 10, 2024
McDermott-Led H.I.G. Secures $1.3B For 3rd Real Estate Fund

Private equity shop H.I.G. Capital, advised by McDermott Will & Emery LLP, on Wednesday announced that it closed its third European real estate-focused fund after raising roughly $1.3 billion of capital commitments.
July 10, 2024
Former McElroy Deutsch CFO Hits Ch. 11 Amid Theft Cases

McElroy Deutsch Mulvaney & Carpenter's former chief financial officer filed for bankruptcy in New Jersey this week as he awaits sentencing for embezzling over $1.5 million from the firm over a period of years via fraudulent bonuses.

Expert Analysis

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
Clean Water Act Jurisdiction Still Murky After A Choppy 2023

This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
The 4 Top Philadelphia Commerce Court Opinions Of 2023

Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.