Real Estate

  • April 30, 2024

    Feds Say Treaties Don't Protect Utah Tribe In Land Row

    Efforts by a Utah tribe to restore public lands to a trust status that would prevent federal officials from illegally accessing the property are based on a false premise, the United States said, arguing that two 19th century laws support its bid to dismiss the case.

  • April 30, 2024

    Attys Barred From Practicing Over Ch. 13 Real Estate Scams

    Enforcement actions against two consumer bankruptcy attorneys who admitted they hid their involvement in schemes to acquire their clients' homes during Chapter 13 proceedings have resulted in sanctions barring them from practicing in certain districts, the U.S. Department of Justice's Trustee Program announced Tuesday.

  • April 30, 2024

    PolyMet Must Give Up More Info In Mining Land Swap Suit

    A federal judge has declined to sanction a Minnesota mining company in a discovery challenge by the Fond du Lac Band of Lake Superior Chippewa but ordered it to produce certain previously withheld information in the tribe's bid to undo a land swap for copper and nickel mining.

  • April 30, 2024

    Minn. Tribes Seek Support For Five 'Land Return' Bills

    More than 20 Minnesota-based groups have urged state lawmakers to vote in favor of five "land return" bills that would give back state-owned lands to Native American tribes, saying the measures support the legal return of Indigenous lands along with their continued use by the public.

  • April 30, 2024

    Ex-Enforcers Back CoStar At 9th Circ. Against Antitrust Claims

    Several former antitrust enforcers told the Ninth Circuit that a lower court was right to toss a rival's claims that CoStar monopolizes commercial real estate information markets despite concerns from the Federal Trade Commission about the allegations.

  • April 30, 2024

    Conn. Mortgage Co. Settles Data Breach Claims

    A mortgage company settled a consolidated data breach class action that accused the company in Connecticut federal court of being liable for a November 2023 data breach that compromised its customers' personal information.

  • April 30, 2024

    NY Bank Investors Spar Over Bid To Merge, Pause Suits

    New York Community Bancorp Inc. shareholders traded barbs in filings this week over whether a New York federal judge should allow an individual shareholder to intervene in the larger group's attempt to consolidate and stay their derivative shareholder suits against the bank.

  • April 30, 2024

    5th Circ. Backs La. Enviro Dept. In Gas Facility Permit Dispute

    A Fifth Circuit panel upheld the Louisiana Department of Environmental Quality's permitting decision for a liquefied natural gas export facility, rejecting concerns raised by the Sierra Club that the facility's emissions will surpass national ambient air quality standards.

  • April 30, 2024

    Hospital Says IP Spat Shouldn't Delay Children's Center Build

    A Michigan hospital system has asked a judge to deny an attempt to block construction of a children's rehabilitation hospital, saying it did not copy its former architect's design and has made significant design pivots since terminating the firm's contract.

  • April 30, 2024

    Mich. Judge Admits Error In Cutting Predatory Lending Claims

    A Michigan federal judge admitted she was wrong to toss fair housing claims alleging a group of real estate companies ran a bulk home buying program that preyed on Black buyers, reviving the claims and reversing a decision to cut a defendant from the case.

  • April 30, 2024

    Goodwin Private Funds Partner Joins Fried Frank In NY

    Fried Frank has announced it hired a New York-based asset management attorney who spent more than a decade at Simpson Thacher & Bartlett LLP and was most recently a partner at Goodwin Procter LLP.

  • April 30, 2024

    Wash. Panel Reverses Hartford Unit Fire Coverage Ruling

    A Washington state appeals court reversed a trial court's ruling that a Hartford unit's policy included coverage for an electrical panel that caused a restaurant fire, instead finding that whether the electrical panel was in the care of the restaurant or its landlord remains disputed.

  • April 30, 2024

    NYC Judge Upholds Hotel Taxes On Apartment Subleases

    A company that leased residential apartments in New York City is liable for more than $200,000 in disputed hotel taxes on short-term subleases of the units, an administrative law judge found.

  • April 30, 2024

    Judge Says $4.5M Davis Wright Deal Should Be Approved

    An Oregon federal magistrate judge has recommended approval of a $4.5 million deal resolving investor claims against Davis Wright Tremaine LLP for its role in endorsing an alleged real estate securities scheme.

  • April 29, 2024

    Pomerantz, Glancy Prongay Spar To Lead LexUrban Fraud Suit

    Glancy Prongay & Murray LLP and Pomerantz LLP are vying to represent a proposed class of investors in a New York federal suit against real estate company LuxUrban Hotels, with Glancy Prongay accusing Pomerantz of "cobbl[ing] together" a would-be co-counsel group and Pomerantz defending its proposed lead plaintiffs as a proper "cohesive duo."

  • April 29, 2024

    6th Circ. Revives Co.'s Malpractice Suit Against Ohio Firm

    The Sixth Circuit on Monday revived a Texas real estate developer's legal malpractice claim against an Ohio law firm, remanding the case back to a lower court to consider the viability of certain professional negligence claims.

  • April 29, 2024

    Zillow Fights Investor Cert. In Home Pricing Program Suit

    Zillow urged a Washington federal court not to certify a class of shareholders amid an investor's suit alleging he was misled about the performance of its home-flipping program, arguing that the alleged misstatements had no bearing on stock prices.

  • April 29, 2024

    DC Property Manager Can't Duck Utility Fee Claims

    A District of Columbia federal judge refused to toss a proposed class action lobbed by a former tenant against Bozzuto Management Co., leaving the property manager to face claims that its mishandling of utility charges violated consumer protection laws.

  • April 29, 2024

    Kemp Klein Adds Bankruptcy Atty In Mich.

    Detroit-area-based Kemp Klein Law Firm has announced it hired a new bankruptcy-focused corporate lawyer to bolster its corporate, litigation and bankruptcy practices.

  • April 29, 2024

    US, Tribes Defend Water Rule Against States', Biz Groups' Suit

    The federal government and several Native American tribes on Friday asked a North Dakota federal judge to toss a lawsuit by two dozen states challenging a rule defining the reach of the Clean Water Act's jurisdiction.

  • April 29, 2024

    Zoning Limits Cost Mich. Wineries $120M, Judge Told

    A group of wineries told a federal judge Monday that a Michigan township's zoning restrictions have caused the vintners to miss out on $120 million in profits and stifled their growth, while the township's lawyer said the damages ask is unreasonable and unwarranted.

  • April 29, 2024

    Defendant Seeks Tribe's Confidential Data In Smoke Shop Suit

    An entrepreneur being sued by the Cayuga Nation is arguing in New York federal court that he should be allowed to view "highly confidential" spreadsheets purportedly detailing revenue losses the tribe suffered due to an unlicensed smoke shop on tribal land, asserting he has no business ties to the store.

  • April 29, 2024

    Pa. Retirement Home Wants Ed Board Tax Challenge Nixed

    The nonprofit owner of a retirement community in a suburb of Pittsburgh has filed a lawsuit against the local school board claiming that the board violated a soon-to-expire payment in lieu of taxes, or PILOT, agreement that was brokered almost 15 years ago.

  • April 29, 2024

    WeWork Wins Conditional OK Of Ch. 11 Plan Disclosures

    A New Jersey bankruptcy judge gave conditional approval Monday to bankrupt flexible office space company WeWork Inc.'s reorganization plan disclosure statement over the objection of WeWork's former owner Adam Neumann, finding the disclosure contained adequate information.

  • April 29, 2024

    Wash. Solar Co. Will Pay $465K To End Noncompete Suit

    A Washington state judge has given a preliminary nod to a $465,000 settlement to end litigation accusing a residential solar energy equipment company of forcing workers to sign illegal noncompete clauses as a condition of employment.

Expert Analysis

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Calif. GHG Disclosure Law Will Affect Companies Worldwide

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    California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.

  • What Retail Landlords Must Know About Permitted Transfers

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    As trying economic times require tenants to create options to cease their operations by transferring their lease obligations to other parties, retail landlords must give significant thought to how permitted transfers are drafted, and how parties are to be protected in the present and the future, says Scott Grossfeld at Cox Castle.

  • Proactive Measures While NY Foreclosure Law Is In Limbo

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    While questions about the scope and constitutionality of New York's Foreclosure Abuse Prevention Act might not be resolved by courts for years, lenders, borrowers and other interested parties can take action to protect their rights and potentially expedite appellate review, say Allison Schoenthal and Andrew Kim at Goodwin.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • How NY Residential Property Condition Disclosure Is Shifting

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    New York's recent significant amendments to the Property Condition Disclosure Act provide a new focus on the risk and damage from flooding, and the changes will affect the duties and standard of practice for real estate brokers, as well as liability and compliance for sellers and landlords, says Steven Ebert at Cassin & Cassin.

  • Series

    ESG Around The World: Japan

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    Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • A Guide For Landlords Pivoting To Medical Office Buildings

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    The current commercial real estate landscape presents a unique opportunity for landlords, real estate developers and investors to accommodate the growing health care industry's need for office buildings, though proper navigation of complex regulations and leasing concerns is necessary, says Mehdi Sinaki at Michelman & Robinson.

  • Series

    Conn. Banking Brief: The Notable Compliance Updates In Q3

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    The most notable legal changes affecting Connecticut financial institutions in the third quarter of 2023 included increased regulatory protections for consumers, an expansion of state financial assistance for underserved communities, and a panoply of tweaks to existing laws, says Brian Rich at Barclay Damon.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Series

    Mass. Banking Brief: The Notable Compliance Updates In Q3

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    Among the most significant developments in the financial services space in the third quarter of the year, the Massachusetts Supreme Judicial Court handed down a stunning endorsement of the state's fiduciary duty rule, and banking regulators continued their multiyear crackdown on unregistered entities, say attorneys at Mintz.

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