Real Estate

  • August 21, 2024

    Fla. Co. To Pay $5M To End CFPB's Illegal Foreclosure Claims

    Florida-based mortgage servicer Fay Servicing agreed Wednesday to pay a total of $5 million and its founder and CEO Edward Fay faces potential pay restrictions to resolve the Consumer Financial Protection Bureau's claims the company violated a prior 2017 agreement and multiple federal laws that protect borrowers against illegal foreclosure practices.

  • August 21, 2024

    Finance Guru Can't Send Timeshare Fraud Suit To Arbitration

    Celebrity financial planner David L. Ramsey III and his company can't pause and arbitrate a proposed class action alleging they promoted a timeshare exit fraud scheme on his radio show, a Washington federal judge said Wednesday, finding they were not included in arbitration agreements with the timeshare owners.

  • August 21, 2024

    Insurers Escape Calif. Starbucks Drive-Thru Easement Row

    A California appeals court affirmed a lower court decision, finding commercial property insurers didn't have to defend an owner who allegedly tricked one tenant into signing an easement agreement for a parking lot, neglecting to mention it would be used by a Starbucks drive-thru.

  • August 21, 2024

    Fla. Real Estate Co.'s Assets Frozen After $56M Ponzi Claims

    The U.S. Securities and Exchange Commission has secured an asset freeze in its suit against a Florida-based real estate investment company whose managers misused tens of millions of investor proceeds, including by paying investors "in a Ponzi-like fashion."

  • August 21, 2024

    Minn. Justices OK Denial Of Homestead Tax Break

    A Minnesota property was correctly denied a homestead classification and property tax break because the owner did not live at the home as required, the state Supreme Court said Wednesday, affirming a state tax court decision.

  • August 21, 2024

    3rd Circ. Affirms Health Chain Win In Pa. Hospital Sale Dispute

    The seller of a Pennsylvania hospital was in compliance with its state licensing requirements when the facility was sold, and thus, did not violate the terms of the sale agreement when the buyer needed to update its fire-safety plans to stay licensed, the Third Circuit has affirmed.

  • August 21, 2024

    Travelers Settles With Pa. Firm Over Stealing $1M From Client

    A Pennsylvania federal judge dismissed an insurance coverage dispute Wednesday, in light of a settlement between Travelers Insurance and a closed Pennsylvania law firm whose principal attorney was disbarred after he pled guilty to stealing almost $1 million from clients.

  • August 21, 2024

    NJ Health System Calls Proskauer DQ Bid A 'Litigation Tactic'

    RWJBarnabas Health urged a New Jersey federal judge to reject its competitor's attempt to disqualify Proskauer Rose LLP from representing the healthcare system in an antitrust suit, telling the court the "litigation tactic" is merely the plaintiff's effort to replace opposing counsel because its case is going badly.

  • August 20, 2024

    Ariz. Tribe Wins Pause Of Lithium Project Construction

    An Arizona federal judge has granted the Hualapai Indian Tribe's bid for a temporary restraining order in its lawsuit seeking to halt U.S. government approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes.

  • August 20, 2024

    New Fed Rule Will Help Tribes Sponsor Watershed Projects

    The U.S. Department of Agriculture's Natural Resources Conservation Service said it has decided to amend its regulations for watershed projects, so Native American tribes and tribal groups can better carry out improvements for flood prevention and conservation.

  • August 20, 2024

    NC Panel Nixes Black Property Owners' Revived Bias Fight

    A North Carolina state appeals court handed the city of Kinston a win Tuesday for a second time in a discrimination lawsuit that the state Supreme Court recently revived, finding that Black property owners' claims that the city unfairly demolished their properties aren't viable because they never completed an "adequate" administrative appeals process.

  • August 20, 2024

    SF Police Can't Sue Navy Over Toxic Shipyard, 9th Circ. Says

    A group of San Francisco police officers cannot pursue their suit alleging the U.S. Navy misled the city into leasing a former naval shipyard that was not properly decontaminated following its use during the Cold War, which led to the officers suffering health problems, the Ninth Circuit ruled Tuesday.

  • August 20, 2024

    Pa. Justices Say No Public Benefit To Railroad Land Grab

    The general public needed to be the primary beneficiary for a railroad to use eminent domain to take over part of a property and reactivate a siding, and that standard was harder to meet now compared with when a century-old precedent was set, the Supreme Court of Pennsylvania ruled Tuesday.

  • August 20, 2024

    Affordable Housing Finance Expert Returns To Ballard Spahr

    Ballard Spahr LLP welcomed back to its Washington, D.C., office a transactional attorney specializing in the affordable housing market who returned to the firm after nearly two years at Carlton Fields.

  • August 20, 2024

    Mass. Parcels Were Properly Valued Despite Construction

    Two parcels of land in a Massachusetts town were properly valued and should not have their value decreased based on construction on a nearby property, the state Appellate Tax Board said in a decision released Tuesday.

  • August 20, 2024

    NC Panel Revives Meddling Claims Against Real Estate Atty

    A real estate attorney must face renewed claims that he helped a stranger meddle in an ownership fight among heirs over a parcel of land in Charlotte, the North Carolina Court of Appeals said Tuesday.

  • August 20, 2024

    Mass. AG Can't Enforce Housing Act, State's Top Court Told

    Massachusetts' attorney general lacks the authority to force compliance with a law requiring communities to create multifamily housing zoning districts because lawmakers have already included the loss of some types of state aid as a penalty, but no other enforcement powers, lawyers for the town of Milton have told the state's highest court.

  • August 20, 2024

    A Deep Dive Into Law360 Pulse's 2024 Women In Law Report

    The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.

  • August 20, 2024

    These Firms Have The Most Women In Equity Partnerships

    The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.

  • August 20, 2024

    Kirkland-Led Dermody Closes $1B Real Estate-Focused Fund

    Real estate-focused private equity shop Dermody Properties, advised by Kirkland & Ellis LLP, on Tuesday announced that it successfully closed its fourth commingled fund after securing just over $1 billion in capital commitments.

  • August 19, 2024

    Colo. Justices Take Up Firm's Malicious Prosecution Defense

    The Colorado Supreme Court said Monday it would hear a Denver law firm's appeal arguing that winning a dispositive motion in an earlier suit protects against a later malicious prosecution claim from the target of the first case.

  • August 19, 2024

    Fraud Trial Waylaid By Last-Minute Bid For Remote Testimony

    A Florida federal judge on Monday delayed a bench trial in a lawsuit over real estate investment fraud claims after the alleged victims brought an emergency motion to testify remotely from Africa, with the judge saying she'd have to consider whether rules allow the case to proceed despite their absence.

  • August 19, 2024

    Buyers Sue Over Unfinished Mandarin Oriental Condo Project

    Buyers of a condominium at the planned Mandarin Oriental at the Via Mizner project in Boca Raton, Florida, are suing the developer for the return of their deposit, saying the building that was supposed to be ready years ago is still "just a few steps beyond a concrete shell."

  • August 19, 2024

    Insurer Blames Panda Express Grease For $176K Water Leak

    An insurer demanded Chinese fast food chain Panda Express Inc. repay it more than $176,000 for damages allegedly caused when the restaurant's grease-filled pipes backed up, leaking water into a clothing store covered by the insurer, in a case the eatery moved to Washington federal court.

  • August 19, 2024

    DQ'd Judge Should Have Kept Quiet, Tax Challengers Say

    A Michigan federal judge who disqualified himself from homeowners' challenge to a $217 million dam repair tax assessment put his "thumb on the scale of justice" by improperly commenting on legal questions as he bowed out, according to homeowners seeking to have the comments rescinded.

Expert Analysis

  • Bracing For The CFPB's War On Mortgage Fees

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    As the Consumer Financial Protection Bureau homes in on the legality of certain residential mortgage fees, the industry should consult the bureau's steady stream of consumer lending guidance for hints on its priorities, say Nanci Weissgold and Melissa Malpass at Alston & Bird.

  • DOJ Consent Orders Chart Road Map For Lending Compliance

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    Two recent consent orders issued by the U.S. Department of Justice as part of its efforts to fight mortgage lending discrimination highlight issues that pose fair lending compliance risks, and should be carefully studied by banks to avoid enforcement actions, says Memrie Fortenberry at Jones Walker.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What To Consider When Buying RE Promissory Notes

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    In light of recent distress in the real estate market, note purchases — in which an investor buys a promissory note and mortgage rather than actual property — can be a worthwhile alternative to traditional investments, but require careful contemplation of unique risks and strategic considerations, say Douglas Praw and Katelyn DeMartini at Holland & Knight.

  • Consider 2 Alternative Exit Plans In RE Distress Scenarios

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    In the face of an impending wave of foreclosures, lenders and borrowers alike should consider two exit strategies — deed-in-lieu of foreclosure and consent foreclosure — that can mitigate potential costs and diminution in property value that could be incurred during a lengthy proceeding, say attorneys at BCLP.

  • Reverse Veil-Piercing Ruling Will Help Judgment Creditors

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    A New York federal court’s recent decision in Citibank v. Aralpa Holdings, finding two corporate entities liable for a judgment issued against a Mexican businessman, shows the value of reverse veil piercing as a remedy for judgment creditors to go after sophisticated debtors who squirrel away assets, says Gabe Bluestone at Omni Bridgeway.

  • Calif. Housing Overhaul May Increase Pressure On Landlords

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    Two recently enacted California laws signal new protections and legal benefits for tenants, but also elevate landlords' financial exposure at a time when they are already facing multiple other hardships, says Laya Dogmetchi at Much Shelist.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • SEC Climate Rules Create Unique Challenges For CRE

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    The U.S. Securities and Exchange Commission's recently adopted final rules concerning climate-related disclosures for public companies are likely to affect even real estate companies that are not publicly traded, since they may be required to provide information to entities that are subject to the rules, says Laura Truesdale at Moore & Van Allen.

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.

  • How Retail Tenants Can Avoid Paying Rent Prematurely

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    When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.

  • Tips For Orgs Defending Against Daniel's Law Claims

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    With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

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