Real Estate

  • August 26, 2024

    Tribal And Salmon Groups To Intervene In Alaska Mining Suit

    An Alaska federal court judge will let 23 tribal groups and wilderness organizations intervene in a lawsuit over a mining proposal for a stretch of pristine salmon habitat in the Bristol Bay area, but has laid out conditions to keep the case quickly moving forward.

  • August 26, 2024

    Judge Won't Eject Trustee From Irish Developer's $942M Ch. 7

    A Connecticut bankruptcy judge has denied a nearly two-and-a-half-year-old motion to remove a Chapter 7 trustee from an Irish developer's $942 million bankruptcy, saying the developer's appellate losses and a recent U.S. Supreme Court certiorari denial, ultimately favoring the trustee, left the motion finally ripe for a decision.

  • August 26, 2024

    Pa. Goodwill Qualifies For Charitable Exemption, Court Says

    A Goodwill store in Pennsylvania qualifies for a charitable exemption from property tax, the state's Commonwealth Court ruled Monday, finding the store satisfies constitutional requirements for the exemption by providing employee training and driver's training.

  • August 26, 2024

    Fox Rothschild Lands Condo Team From Armstrong Teasdale

    A team of 10 real estate attorneys from Armstrong Teasdale LLP have jumped to Fox Rothschild LLP, where they'll form the core of a new practice, the firm said Monday.

  • August 26, 2024

    At Bradley Arant, Ex-Healthcare GC Heeds 'No Surprises' Rule

    A former general counsel at home health provider Aveanna Healthcare has returned to private practice as a partner in the healthcare and real estate practices at Bradley Arant Boult Cummings LLP, and is vowing not to surprise his in-house clients with surprise legal bills — now that he's on the other side of the business.

  • August 26, 2024

    Haber Law Continues Growth With Team From Beloff Law

    Miami's Haber Law is continuing its growth spurt with the addition of a team from Beloff Law PA, including its founder, with 50 years of experience in real estate law.

  • August 26, 2024

    Cleary Marks 75 Years In City Of Love With New Paris Office

    Cleary Gottlieb Steen & Hamilton LLP is celebrating its 75th anniversary in the City of Love by moving its Paris office to a new location in the Opera district, the firm announced Monday.

  • August 23, 2024

    Real Estate Recap: Key Cases, Proptech Pain, RealPage Suit

    Catch up on the past week's key developments by state from Law360 Real Estate Authority — including the residential real estate cases to watch in 2024's second half, proptech's recent funding lapse and long-term potential, and a new lawsuit from the U.S. Department of Justice against property management software company RealPage.

  • August 23, 2024

    Cypriot Cos. Say Serbia Must Face $32M Real Estate Claim

    A group of Cypriot companies claiming that the Republic of Serbia owes them about $32 million for allegedly expropriated real estate are urging an international tribunal not to toss their claims, saying the country asserts wrongly that the arbitral body doesn't have jurisdiction in the dispute.

  • August 23, 2024

    PE Fund Says SEC Is Overstepping With 'Fishing Expedition'

    A large South Carolina private equity fund has sued the U.S. Securities and Exchange Commission for allegedly overstepping its authority by trying to regulate the business' activities through an unconstitutional "fishing expedition" investigation that threatens the building of thousands of housing units.

  • August 23, 2024

    Insurer Must Cover Flooded Basements, Mich. Panel Says

    An insurer must pay a property owner over $150,000 in damages stemming from drain backups and water damage, a Michigan state appeals court ruled, finding that the property owner inquired about increased coverage before the discovery of the loss.

  • August 23, 2024

    Wire Verification Not Vital In Fla. Fraud Suit, Wells Fargo Says

    Wells Fargo urged a Florida federal court Friday to toss a lawsuit alleging the bank allowed a hacker to steal a real estate transaction's proceeds, saying there's no obligation to match a wire beneficiary to their account, and it didn't know the transfer was fraudulent because the process is automated.

  • 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.

Expert Analysis

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • How FinCEN Proposal Expands RE Transaction Obligations

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    Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.

  • How Calif. Video Recording Ruling May Affect Insured Exams

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    A recent California appellate decision, Myasnyankin v. Nationwide, allowing policyholders to video record all parties to an insurance examination under oath, has changed the rules of the road for EUOs and potentially opened Pandora's box for future disputes, say John Edson and Preston Bennett at Sheppard Mullin.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Unpacking FinCEN's Proposed Real Estate Transaction Rule

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    Phil Jelsma and Ulrick Matsunaga at Crosbie Gliner take a close look at the Financial Crimes Enforcement Network's recently proposed rulemaking — which mandates new disclosures for professionals involved in all-cash real estate deals — and discuss best next steps for the broad range of businesses that could be affected.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Texas Insurance Ruling Could Restore Finality To Appraisal

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    The Texas Supreme Court's decision in Rodriguez v. Safeco, determining that full payment of an appraisal award precludes recovery of attorney fees, indicates a potential return to an era in which timely payment undoubtedly disposes of all possible policyholder claims, says Karl Schulz at Cozen O'Connor.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • The Corporate Transparency Act Isn't Dead Yet

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    After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.

  • New FinCEN Guide Provides Useful BOI Context For Banks

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    Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Opinion

    Contractors Need Protection From NJ Homeowner Protections

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    A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.

  • Opinion

    NY Shouldn't Pair 421-a Restoration And Good Cause Eviction

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    The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

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