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Real Estate
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May 02, 2024
Eckert Seamans Sues For Inclusive Zoning Fight Fees
Eckert Seamans Cherin & Mellott says a group representing Pittsburgh-area developers still owes nearly $76,000 in legal fees for the firm's work on a federal suit challenging an "inclusive zoning" ordinance, according to a complaint filed in Pennsylvania state court Thursday.
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May 02, 2024
Nixon Peabody Adds Two Community Finance Attys In DC
Nixon Peabody LLP has hired two partners, who will focus their practices on helping nonprofits and other clients understand and obtain tax credits for a range of community development projects, to its community development finance practice in Washington, D.C., the firm announced Thursday.
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May 02, 2024
New DC Stadium A Step Closer With RFK Demolition Approved
RFK Stadium in Washington, D.C., has been cleared for demolition by the National Park Service, another step forward in the city's attempt to build a new stadium to lure back the NFL's Washington Commanders.
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May 01, 2024
Ex-State Dept. Adviser To Co-Lead Klasko's Investor Visa Team
A former U.S. Department of State attorney-adviser has left government service to co-lead Klasko Immigration Law Partners' EB-5 regional center and developer practice, the firm recently announced.
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May 01, 2024
Judges Say Homeowners' Fight Over Airport Not Grounded Yet
A Washington couple violated their homeowners' association covenants by running a wing-walking flight school out of their home, but it is unclear if they ran afoul of community rules by using an association-owned airstrip for their business, according to a state appeals court opinion reversing a restriction on the couple's use of the airstrip.
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May 01, 2024
T-Mobile Gets Tax Reimbursement Suit Tossed For Good
T-Mobile has convinced a New Jersey federal court to toss for good a suit brought by a middleman seeking to collect tax reimbursements the mobile behemoth had supposedly promised a landlord after it didn't fix the deficiencies in its suit the third go round.
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May 01, 2024
Colo. House OKs Tax Credits For Middle-Income Housing
The Colorado House approved a pilot program Wednesday to provide a tax credit to developers of housing aimed at middle-income residents
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May 01, 2024
DC Circ. Scrutinizes Social Welfare In Tribe's Land Trust Bid
The D.C. Circuit on Wednesday grappled with whether a Native American tribe's bid to compel the federal government to take land into trust for a casino venture would promote tribe members' social welfare, as one judge sounded wary of such a move's repercussions.
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May 01, 2024
More Withdraw From Conn. Atty Hacked Payment Lawsuits
A series of withdrawals has cut into a voluminous pile of lawsuits surrounding a real estate attorney's wiring of money to the wrong people in connection with several real estate sales, with First American Title among the parties that filed recent withdrawal notices in the myriad matters.
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May 01, 2024
NJ Atty Fights 'Hare-Brained' Malpractice Claims In RE Dispute
A suspended New Jersey attorney is seeking summary judgment and sanctions for a "hare-brained" attempt by Chaitman LLP to mount a third-party complaint holding him liable for allegedly providing bad legal advice that prompted a malpractice case between Chaitman and former clients.
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May 01, 2024
DLA Piper Adds Ex-Sidley Atty To New Funds Team
DLA Piper on Tuesday announced another addition to its newly formed stand-alone investment funds group, this time a former Sidley Austin LLP partner focused on advising private funds sponsors.
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May 01, 2024
Tax Credit Transfer Regs Show IRS Caution In Rulemaking
The IRS and Treasury's final rules on the sale and transfer of green energy credits maintained a strict reading of the statute while making few changes, a sign of caution by regulators amid judicial scrutiny of the government's rulemaking authority.
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April 30, 2024
2nd Circ. Revives Commerzbank RMBS Suit Against US Bank
The Second Circuit on Tuesday revived part of a nearly decade-old Commerzbank AG lawsuit brought against U.S. Bank NA over its role as a trustee on a slew of pre-2008 crisis RMBS trusts, sending some of the German bank's previously dismissed claims back to district court for a "closer inspection."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Rebuilding The Construction Industry With AI
Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
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.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
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.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
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.
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What Retail Landlords Must Know About Permitted Transfers
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.
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Proactive Measures While NY Foreclosure Law Is In Limbo
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.
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Opinion
Newman Suspension Shows Need For Judicial Reform
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.
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EB-5 Investment Period Clarification Raises More Questions
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.
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How NY Residential Property Condition Disclosure Is Shifting
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.
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Series
ESG Around The World: Japan
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.
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How And Why Your Firm Should Implement Fixed-Fee Billing
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.
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A Guide For Landlords Pivoting To Medical Office Buildings
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.
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Series
Conn. Banking Brief: The Notable Compliance Updates In Q3
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.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
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.
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How Law Firms Can Use Account-Based Marketing Strategies
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.