Real Estate

  • July 31, 2024

    Separate Easement Contribution Docs Critical, IRS Atty Says

    Conservation easement donors must always keep separate documents from their donees that acknowledge the gifted property to qualify for a charitable tax deduction in the event the IRS requests such information during an audit, according to an agency counsel Wednesday.

  • July 31, 2024

    Mortgage Co.'s $300K Wage Deal Gets Initial OK

    A California federal judge has given an initial stamp of approval to a $300,000 settlement between a mortgage company and a class of its employees, ending claims that the company failed to pay hourly wages or provide meal and rest breaks.

  • July 31, 2024

    Ga. Panel Strikes Sanctions Without Day In Court In HOA Row

    A Georgia Court of Appeals panel said Wednesday a Fulton County trial judge wrongly entered sanctions against a woman without holding a hearing after she failed to attend depositions with an Alpharetta homeowners association.

  • July 31, 2024

    Age Limits On Owning Senior Units Unlawful, NJ Panel Says

    A New Jersey appellate panel on Wednesday backed a lower court's finding that a Garden State municipality's ordinance limiting property ownership in senior housing communities to those 55 years old or older violated the federal Fair Housing Act and state Law Against Discrimination, holding that both statutes prohibit discrimination based on familial status.

  • July 31, 2024

    Minn. Tax Court Agrees Parking Lot's Value Is $4M, Not $10M

    A Minneapolis parking lot would be best valued as a buy-and-hold investment property and thus its assessed value should be lowered from $10.3 million to $3.9 million, the Minnesota Tax Court said.

  • July 31, 2024

    Minn. Shopping Center's $97M Value Upheld By State Justices

    A Minnesota shopping center was correctly valued for tax purposes at nearly $97 million, the state Supreme Court said Wednesday, rejecting the property owner's argument that the valuation should consider a calculation of effective rent instead of market rent.

  • July 31, 2024

    4 Mass. Rulings You May Have Missed In July

    Massachusetts state court judges refereed a damages dispute between a real estate titan and a Big Four consultant, ruled in favor of allegedly underpaid healthcare workers and untangled a defamation suit over a labor executive's old social media posts, among other notable rulings during the month of July.

  • July 31, 2024

    Fox Rothschild Faces Malpractice Suit Over Land Row

    Two siblings have brought legal malpractice claims against Fox Rothschild LLP and a firm partner in New Jersey state court, accusing the lawyer of bungling a 1984 property deed and a 1993 trust belonging to their stepfather.

  • July 31, 2024

    Rising Star: Fried Frank's Julianne Befeler

    Julianne Befeler of Fried Frank Harris Shriver & Jacobson LLP has been a key adviser on complex commercial real estate transactions for heavy hitters including Brookfield Asset Management, Brookfield Properties and Blackstone Inc., earning her a spot among the real estate law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 31, 2024

    Rising Star: Simpson Thacher's Sam Rudik

    Sam Rudik, a recently promoted partner at Simpson Thacher & Bartlett LLP, guided Blackstone on several billion-dollar transactions over the past three years, including a handful of major development deals and acquisitions involving data centers, landing him a spot among real estate attorneys under age 40 honored by Law360 as Rising Stars.

  • July 30, 2024

    Fla. Insurance Co. Accused Of Causing Black Mold Death

    A Florida insurance company was accused of wrongfully causing the death of a woman who died from black mold contamination in a state complaint brought by her sole descendant, who alleges the insurer didn't send a promised team to remediate the woman's home after it was damaged by Hurricane Ian.

  • July 30, 2024

    4th Circ. Refuses To Certify Class Of Golf Course Investors

    The Fourth Circuit on Tuesday declined to reverse a lower court order denying class certification to a group of Chinese investors who allege their money was used to purchase several golf courses, ruling they are not similar enough to make certification proper.

  • July 30, 2024

    Fla. County Board OKs Funding For $1.3B MLB Stadium

    A Florida county's commissioners on Tuesday approved $312.5 million in funding to go toward a new, $1.3 billion stadium for MLB's Tampa Bay Rays team.

  • July 30, 2024

    Zillow Escapes Real Estate Agent's Trade Practices Claim

    Zillow Inc. on Tuesday escaped a proposed class action by a Connecticut real estate agent who claimed the website's computer-based home value estimates and "contact agent" buttons interfered with the ability of on-the-ground professionals to manage listings, work with clients and accurately price properties.

  • July 30, 2024

    Legalization Foes Mount New Challenge To NY Pot Program

    A group of anti-cannabis activists renewed their challenge to New York's proposal to use public funds to help marijuana retailers launch their businesses, alleging in a new state court lawsuit that the policy violates federal law.

  • July 30, 2024

    Insurer Says No Coverage For Florida Sex Assault Claims

    A trust facing a negligence claim after a minor said she was sexually assaulted while staying at the trust's vacation rental isn't owed any coverage for the lawsuit, its insurer told a Florida federal court Tuesday, citing a sexual molestation exclusion.

  • July 30, 2024

    No Damage Needed To Replace NJ Beach House, Panel Says

    New Jersey property owners looking to replace an existing structure located in a flood hazard area don't have to show it's in an unusable condition, a state appellate panel ruled Tuesday, backing the state Department of Environmental Protection's denial of a request by neighbors to rescind a developer's permit to replace a beachfront home.

  • July 30, 2024

    Challenge To IRS Summons in $90M Easement Suit Tossed

    A Mississippi federal judge dismissed a company's request to quash IRS summonses related to a $90 million conservation easement deduction, adopting the rulings of three sister jurisdictions that had dismissed the same challenge on grounds the summonses served a legitimate purpose.

  • July 30, 2024

    Feds Must Maintain Center's EB-5 Status During Fee Dispute

    A Montana federal judge ordered U.S. Citizenship and Immigration Services to maintain a regional center's designation to participate in the EB-5 investor visa program while he reviews claims that the agency moved to terminate its designation without proper notice.

  • July 30, 2024

    Ropes & Gray Adds Partner To Int'l Tax Practice

    Ropes & Gray LLP recently added a tax adviser with a wealth of experience navigating transactions, funds and investments for clients as a partner in its New York office, the firm said.

  • July 30, 2024

    Pot Cos. Can't Push RICO Claims Against Calif. City

    A California federal judge has thrown out racketeering claims by six cannabis companies that accuse the city of Cudahy of illegally assessing fees, saying that because Congress listed cultivation and sale of cannabis under the definition of racketeering, they can't recover damages.

  • July 29, 2024

    Ky. Tower Sale Laundering Case Should Proceed, Judge Told

    A Florida magistrate judge has recommended denying a bid by two Miami businessmen to toss litigation filed by the U.S. government looking to seize about $9.1 million from the sale of a Kentucky office tower over alleged ties to a Ukrainian money laundering scheme.

  • July 29, 2024

    Mich. Top Court Says 2020 Tax Foreclosure Ruling Retroactive

    The Michigan Supreme Court on Monday gave retroactive effect to its 2020 decision that said local governments violate homeowners' rights by profiting from the sales of their tax-foreclosed homes, saying Michigan's "robust" history of protecting against takings weighs in favor of making the ruling retroactive.

  • July 29, 2024

    Conn. Justices OK Vrbo Host's Short-Term House Rentals

    A divided Connecticut Supreme Court ruled Monday that a Vrbo host in Branford was allowed to rent out his property to vacationers under a set of regulations passed in 1994, before the local zoning board changed the rules in 2018 to ban his activities.

  • July 29, 2024

    CIM Group Funds $2.1B Real Estate Investment Platform

    Real estate and infrastructure owner CIM Group on Monday announced that it has provided financing for the formation of a $2.1 billion investment platform called Round Hill Capital Ventures, which has acquired contracts for the assets previously managed by Round Hill Capital.

Expert Analysis

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Realtor Settlement May Create New Antitrust Pitfalls

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    Following a recent antitrust settlement between the National Association of Realtors and home sellers, practices are set to change and the increased competition may benefit both brokers and homebuyers, but the loss of the customary method of buyer broker compensation could lead to new antitrust concerns, says Colin Ahler at Snell & Wilmer.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • What Fla. Ruling Means For Insurer Managed Repair Programs

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    A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.

  • Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry

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    As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • 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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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

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