Real Estate

  • October 08, 2024

    IRS Appeals Office's Easement Deals May Sap Independence

    The IRS Independent Office of Appeals plans to settle certain conservation easement cases with similar terms offered by other IRS divisions, but these upcoming offers might be challenging for taxpayers to navigate and could undermine the office's independence from the rest of the agency.

  • October 08, 2024

    Homeowners Again Seek Class Cert. In Tax Foreclosure Suit

    A group of former property owners has asked a Michigan federal judge to recertify a class action seeking to recover profits county treasurers made selling their tax-delinquent properties, saying the addition of class representatives fixes the flaw that dismantled the class. 

  • October 08, 2024

    Pa. Developers Defend Efforts To Remediate Landslide Damage

    A Western Pennsylvania property development company asked the Pennsylvania Commonwealth Court on Tuesday to throw out a contempt order in connection with an agreement to provide remediation to a community it built that was devastated by a landslide, arguing it poured its personal and business funds into the project.

  • October 08, 2024

    Federal Regs Could Ground Airport Pollution Suit, Judge Hints

    A Washington federal judge acknowledged Tuesday that federal regulations are an obstacle to Seattle residents' suit against airlines and the city's primary airport over alleged flight-path pollution, while suggesting more discovery could be needed before he can rule out their claims entirely. 

  • October 08, 2024

    DC Judge Won't Rethink Striking Down USDA Wetland Rule

    A Washington, D.C., federal judge on Tuesday refused to reconsider her decision to vacate a U.S. Department of Agriculture rule designed to stop the development of wetlands on farmland and struck down those regulations.

  • October 08, 2024

    Mass. Seeks Order Forcing Steward To Maintain Coverage

    Massachusetts officials are asking the Texas bankruptcy judge presiding over Steward Health Care's Chapter 11 proceedings to order the company to maintain medical malpractice and workers' compensation coverage for current and potential claims from its operation of hospitals and medical practices in the Bay State.

  • October 08, 2024

    3rd Circ. Won't Rehear Pa., NJ Businesses' Virus Loss Suits

    The Third Circuit declined to rehear consolidated pandemic-related loss coverage disputes brought by New Jersey and Pennsylvania businesses, according to an order issued Tuesday, upholding its decision that the businesses' insurers didn't owe coverage for the claimed losses.

  • October 08, 2024

    Conn. Ethics Board Tosses Grievance Against Ex-Town Atty

    A Connecticut ethics panel has dismissed a grievance at the heart of a former town attorney's claims that the tax assessor spread lies about his conduct and character, finding that the lawyer broke no professional conduct rules and concluding no further investigation was warranted.

  • October 08, 2024

    Manatt RE Leader Found Common Ground Without An Ego

    Manatt Phelps & Phillips LLP has lost a Silicon Valley real estate partner with the death of Michael Polentz, and former colleagues are praising his ability to seamlessly break down complex ideas and his achievement of great success in the legal world — and doing so without an ego.

  • October 08, 2024

    Ex-FDNY Safety Chief Cops To Taking Bribes For Inspections

    A Staten Island firefighter who headed the New York City Fire Department's office tasked with fire prevention told a Manhattan federal judge on Tuesday he took thousands of dollars in exchange for speedier safety checks, pleading guilty to bribery conspiracy.

  • October 08, 2024

    Ga. Firm Says 'Right To Petition' At Stake In HOA Row

    An Atlanta-area real estate law firm urged the Georgia Court of Appeals Tuesday to stand by a trial court's decision to kill a lawsuit filed by two property owners who lost to the firm in court some 17 years ago.

  • October 08, 2024

    Latham-Led Ares Paying $3.7B For Real Assets Manager GCP

    Latham & Watkins LLP-led Ares Management Corp. said Tuesday it has agreed to buy GCP International, a global alternative asset management firm with $44 billion of assets under management, in a cash and stock transaction valued at $3.7 billion. 

  • October 07, 2024

    Black La. Residents Urge Overhaul On Discriminatory Land Use

    A Fifth Circuit judge asked attorneys for a Louisiana parish Monday whether they believe local government officials could continue racial discrimination for "eternity" because an allegedly discriminatory land-use plan was passed a decade ago without widespread concern.

  • October 07, 2024

    Factory Mutual Must Fully Cover Plant Explosions, Suit Says

    Petrochemicals maker Indorama Ventures accused Factory Mutual Insurance Co. in Texas federal court Monday of wrongly refusing to fully cover roughly $100 million in losses stemming from a series of major explosions in 2019 near an Indorama plant in Texas.

  • October 07, 2024

    Justices Won't Hear Commerzbank RMBS Fight With US Bank

    The U.S. Supreme Court on Monday turned down a bid by Commerzbank AG to revive more of its claims against U.S. Bank NA in a long-running lawsuit over pre-2008 residential mortgage-backed securities trusts, declining to review a recent Second Circuit decision in the case.

  • October 07, 2024

    Title Co. Denied Early Win In $13M Hotel Investment Fight

    A California federal judge declined to grant a title company an early win in a lawsuit brought by an investor accusing it of improperly releasing the investor's $13 million contribution to a 17-hotel deal, finding that a dispute remained over multiple factual issues.

  • October 07, 2024

    Nationstar Mortgage Fails To Dodge Proposed Fee Suit Action

    A Washington federal judge refused Monday to let Nationstar Mortgage LLC escape a putative class action accusing the mortgage loan servicer of illegally charging fees for loan payoff statements.

  • October 07, 2024

    Sparring With Adams, Feds Shadowbox The Supreme Court

    The corruption case against New York City Mayor Eric Adams may be the next front in an ongoing clash between federal prosecutors' desire to police official misconduct and a line of U.S. Supreme Court cases holding that alleged graft does not always amount to a federal crime.

  • October 07, 2024

    NJ City Sues To Halt Hudson Riverfront Development

    The Hoboken Planning Board has turned into a rubber stamp for developers including a duo that wants to build towers that will impede the view from the scenic Palisades cliffs, a neighboring city alleged in a New Jersey state court lawsuit.

  • October 07, 2024

    11th Circ. Balks At Ex-Braves' $47M Easement Case

    Former Atlanta Braves players John Smoltz and Ryan Klesko, challenging a U.S. Tax Court ruling that slashed the value of a conservation easement deduction by 90%, won't have their appeal heard by the Eleventh Circuit after the court said Monday the duo had jumped the gun on challenging the decision before it was made final.

  • October 07, 2024

    Manafort Associate's Bribery Case Won't Get Top Court Look

    The U.S. Supreme Court on Monday declined to take up the case of a former bank CEO who had argued the Second Circuit's decision to uphold his conviction for bribing former Donald Trump staffer Paul Manafort wrongly criminalized even the smallest of benefits a bank executive receives from a customer.

  • October 07, 2024

    Mich. Couple Owe $3.3M Tax Debt, US Says

    A Michigan federal court should order the sale of three properties held by a real estate company to satisfy the roughly $3.3 million tax debt of a couple who are the company's nominee owners, the U.S. government said in a complaint Monday.

  • October 07, 2024

    Calif. Landlord Sued By Tenants Over 'Hidden' Rent Fees

    A California multifamily landlord responsible for over 60,000 apartments wrongfully charged tenants "hidden and misleading" rent fees, a proposed class of tenants has claimed in California federal court.

  • October 07, 2024

    Brothers' $10B Real Estate Battle Nets Another $11.6M In Fees

    A California judge granted over $11 million in attorney fees Monday to a man who prevailed in a 20-year legal battle with his brother over a real estate empire when a jury awarded him and his other brothers a $10 billion verdict, granting the bulk of the request.

  • October 07, 2024

    Feds Seek Tape, Allege Witness Tampering In WeWork Case

    Prosecutors asked Sunday to subpoena a recording of an incident in which they say a former investment firm CEO who is accused of making a fraudulent offer for WeWork shares had improper contact with a witness expected to testify at the ex-CEO's upcoming trial.

Expert Analysis

  • Series

    After Chevron: Opportunities For Change In FHFA Practices

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    The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.

  • Series

    NC Banking Brief: All The Notable Legal Updates In Q2

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    After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • What NYC's Green Fast Track Means For Affordable Housing

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    New York City's Green Fast Track for Housing initiative, which went into effect last month, aims to speed up the environmental review process for modest residential developments and could potentially pave the way for similar initiatives in other cities, say Vivien Krieger and Rachel Scall at Cozen O'Connor.

  • The Often Overlooked NY Foreclosure Notice Requirements

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    As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • A Case Study For Calif. Cities In Water Utility Takeovers

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    With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Zoning Reform May Alleviate The Affordable Housing Crisis

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    As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • NJ Justices Clarify First-Party Indemnification Availability

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    In Boyle v. Huff, the New Jersey Supreme Court recently held that indemnification can be available in first-party claims, resolving an open question and setting up contracting parties for careful negotiations around indemnity clauses, says Todd Leon at Marshall Dennehey.

  • Arbitration Implications Of High Court Coinbase Ruling

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    The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.

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