Real Estate

  • August 07, 2024

    NJ AG, Data Biz Say Judicial Privacy Law Is Constitutional

    The New Jersey Office of Attorney General stepped in to defend the judicial privacy measure Daniel's Law this week, arguing alongside a data privacy company in federal court that a group of data brokers accused of violating it are relying on "hypotheticals and edge cases" to claim the law is unconstitutional.

  • August 07, 2024

    Mortgage Banker Says Experian Can't Tie Him To 'Sham' Suits

    A New Jersey-based licensed mortgage banker is urging a California federal judge to let him escape Experian's suit alleging that he helped credit reporting law firms identify clients and created false evidence of a mortgage denial in a nationwide scheme to "extort" the credit reporting agency into settling "sham" lawsuits.

  • August 07, 2024

    CFPB Backs Homeowners In Nationstar Mortgage Fee Suit

    The Consumer Financial Protection Bureau asked a Washington federal court to allow it to file a brief in support of a proposed class action accusing Nationstar Mortgage of illegally charging fees whenever homeowners request payoff statements for their loans.

  • August 07, 2024

    FERC Defends Rejection Of Grid Operator's Project Cost Plan

    The Federal Energy Regulatory Commission is asking the D.C. Circuit to deny two electricity cooperatives' petitions challenging its decision to reject a Southwest Power Pool plan to regionally allocate the costs of some transmission projects within the grid operator's 14-state footprint.

  • August 07, 2024

    Rising Star: Skadden's Anoush Sarkissian

    Skadden Arps Slate Meagher & Flom LLP real estate counsel Anoush Sarkissian's work on major transactions such as advising alternative asset management company The RMR Group in an approximately $4 billion mortgage and mezzanine financing and its $80 million acquisition of multifamily real estate firm Carroll landed her a spot among the real estate attorneys under age 40 honored by Law360 as Rising Stars.

  • August 07, 2024

    Rising Star: Willkie's Melissa Fischetti

    Melissa Fischetti of Willkie Farr & Gallagher LLP navigated SL Green's $1.76 billion acquisition of 245 Park Ave, New York, amid contentious bankruptcy proceedings brought without the preferred equity investor's approval, earning her a spot among the real estate practitioners under 40 honored by Law360 as Rising Stars.

  • August 07, 2024

    Missouri Voters Reject Exemption For Child Care Facilities

    Missouri will not allow local governments to exempt child care facilities from property tax after a constitutional amendment was rejected by voters Wednesday. 

  • August 07, 2024

    Logistics Co. CEO Denies Role In NJ Racketeering Scheme

    The chief executive officer of logistics firm NFI Industries on Wednesday denied that he played a role in an alleged scheme led by a New Jersey power broker accused of reaping millions in tax credits by using extortion to acquire waterfront property in the distressed city of Camden.

  • August 06, 2024

    New Bill Would Create 400K-Acre National Monument In Ariz.

    A bill introduced by a ranking member of the House natural resources committee looks to protect 400,000 acres in southern Arizona while declaring the site with ties to at least 13 federally recognized tribes a national monument.

  • August 06, 2024

    Ex-Mayor's Fight With Law Firm No RICO Case, 5th Circ. Told

    Counsel for convicted fraudster and former Texas Mayor Laura Maczka-Jordan said it's significant that a law firm accusing her and her husband of racketeering represented itself during oral arguments before the Fifth Circuit Tuesday, arguing that the case deals with a lease dispute rather than a racketeering scheme.

  • August 06, 2024

    11th Circ. Won't Let Chubb Unit Ax $13.8M Appraisal Award

    A Florida condo association's insurer waived its ability to challenge an over $13.8 million storm damage appraisal award by only arguing in court that the association's appraiser had a conflict of interest, the Eleventh Circuit affirmed Tuesday, finding the insurer could've lodged a challenge during the appraisal process itself.

  • August 06, 2024

    Conn. AG Says Utility Misconstrued Power Plant Cleanup Deal

    The Connecticut Attorney General's Office has told a state court that The United Illuminating Co., now part of Avangrid Inc., raised inapplicable defenses to an environmental cleanup lawsuit by misconstruing an earlier consent decree as a "contract" the government could breach as the utility remediated an abandoned New Haven power plant.

  • August 06, 2024

    NC Panel OKs Short-Term Rentals In Luxury Home Community

    A North Carolina state appeals court on Tuesday upheld a ruling that an Asheville-area neighborhood's ban on short-term rentals is unreasonable, finding the community's covenants don't explicitly outlaw that type of real estate arrangement.

  • August 06, 2024

    Finance Co. EasyKnock Scams Poor Homeowners, Suit Says

    Home finance company EasyKnock Inc. has been sued on allegations it targeted a low-income Philadelphia resident in an "equity-theft" scheme designed to dupe homeowners with an upfront cash payment for a gradual sale of their home that secretly transfers the title to the company.

  • August 06, 2024

    Ohio Board Affirms Nix Of Tax Break For Church's Rec Site

    A recreation field owned by an Ohio-based church doesn't qualify for a property tax exemption because it wasn't used as a place of worship, the state Board of Tax Appeals affirmed.

  • August 06, 2024

    Ariz. Tribe Seeks To Block Lithium Exploration Project

    An Arizona tribe is asking a federal district court to block the approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes, arguing the Bureau of Land Management failed to consider its actions on the historic property.

  • August 06, 2024

    DC Circ. Rules Russia Is Immune From Suit Over Jewish Texts

    The D.C. Circuit ruled Tuesday that the federal court never had jurisdiction over a Jewish group's decades-old allegations that Russia is illegally holding on to its long-lost sacred texts, finding that the country has sovereign immunity and voiding nearly $200 million in fines levied against Russia.

  • August 07, 2024

    Simpson Thacher Pilots Stonepeak's $3B Opportunities Fund

    Private equity firm Stonepeak, advised by Simpson Thacher & Bartlett LLP, raised $3.15 billion for a fund dedicated to opportunistic investing in the infrastructure sector, beating the fund's target by over $600 million, according to a Tuesday announcement.

  • August 06, 2024

    Aztec Fund Files For Ch. 11 With $100M In Liabilities

    The Aztec Fund Holding Inc. has filed for Chapter 11 protection in Texas bankruptcy court, listing at least $100 million in liabilities.

  • August 06, 2024

    More Training Needed On SF Encampment Rule, Judge Says

    A California federal magistrate judge has partially sided with homelessness advocates and San Francisco residents accusing the city and county of violating the U.S. and state constitutions by destroying homeless residents' self-made encampments and forcing them out of the city with citations, fines and arrests.

  • August 05, 2024

    Marriott Says NYC Hotels' Housing Of Migrants Violated Deal

    Marriott International Inc. has accused a hotel company in Jamaica, Queens, of breaching a contract by repurposing two properties for migrant housing while refusing to "de-identify" itself with the global hotel brand.

  • August 05, 2024

    5th NYC Housing Worker Gets Prison In Anti-Corruption Bust

    A Manhattan federal judge hit a retired public housing worker with 20 months in prison on Monday for taking over $83,000 of bribes, showing that prison is the most likely outcome for those convicted of felonies in the anti-bribery sweep.

  • August 05, 2024

    Andrews Myers Construction Atty Joins Cozen O'Connor

    Cozen O'Connor has hired a construction litigator in California who has more than 14 years of experience representing clients in matters involving infrastructure, industrial and other construction projects, the firm announced Monday.

  • August 02, 2024

    How Two Non-Bankruptcy Attys Won A Rare Ch. 7 Jury Trial

    A pair of Boston-based attorneys from Davis Malm scored a victory in a rare bankruptcy-related jury trial despite not being bankruptcy practitioners themselves, after a Delaware panel rejected a trustee's bid to recoup $44 million from a former grocery store magnate.

  • August 02, 2024

    Iowa, ND Move For Win In NEPA Rule Fight

    States led by Iowa and North Dakota are asking a federal judge to scrap a Council on Environmental Quality rule they say threatens to turn the National Environmental Policy Act into an "action-forcing" process to advance the Biden administration's climate and environmental justice goals.

Expert Analysis

  • 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.

  • 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.

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