Real Estate

  • April 16, 2024

    Tribes, Lawmakers Call On Biden To Protect Historic Sites

    A coalition of Native American tribal communities and federal lawmakers on Tuesday delivered a petition containing more than 800,000 signatures calling on the Biden administration to protect, expand and designate a slew of national monuments and sacred lands under the Antiquities Act.

  • April 16, 2024

    Companies Wrongly Found Insolvent, Texas Court Rules

    A Texas appeals court on Tuesday reversed a decision by a lower court that named two companies partially owned by a real estate developer that filed for bankruptcy as insolvent as well, saying a state court "abused its discretion" by putting the two entities in receivership.

  • April 16, 2024

    Claim That Hilton Insurance Spat Is Moot Surprises 11th Circ.

    Counsel for Affiliated FM Insurance Co. appeared to surprise an 11th Circuit panel Tuesday in arguing that the basis for a coverage denial claim brought by the two owner-operators of an Atlanta-area Hilton hotel is belied by the fact that the companies' insurance claims have been whittled down to nothing.

  • April 16, 2024

    Mich. Justice Worried About Atty Sanction's 'Chilling Effect'

    A Michigan Supreme Court justice asked Tuesday whether upholding sanctions against an attorney who joined a case after earlier frivolous litigation would scare away lawyers from agreeing to represent clients in those situations, echoing concerns shared by the plaintiff and defense bars.

  • April 16, 2024

    Builder Ends EEOC Suit Accusing It Of Firing White Worker

    A manufactured-home builder will pay $135,000 to end a U.S. Equal Employment Opportunity Commission lawsuit accusing it of firing a white worker because he has a multiracial family and refused to take part in conversations belittling Black people, the agency said Tuesday.

  • April 16, 2024

    11th Circ. Asks If Undivided Settlement Can Still Be Covered

    An 11th Circuit panel seemed torn Tuesday on whether to allow insurance coverage for a $557,000 non-apportioned Georgia federal settlement that potentially included both covered theft and non-covered negligent deconstruction, awarded to a Georgia mill owner who hired the insured.

  • April 16, 2024

    High Court Sides With Texas Landowners In Takings Dispute

    The U.S. Supreme Court ruled Tuesday in favor of landowners in a dispute with Texas, finding the owners can pursue their takings claim pursuant to state law but leaving open a larger Fifth Amendment takings question.

  • April 15, 2024

    Structured Deposits Recalled In Ex-Ecuadorian Official's Trial

    A bookkeeper testified Monday in Miami federal court that he conducted a series of structured deposits and other suspicious transactions while working at a tile company owned by the son of Ecuador's former comptroller general, who's accused of laundering millions of dollars in bribes from Brazilian conglomerate Odebrecht SA.

  • April 15, 2024

    Enviro Groups Urge 9th Circ. To Uphold Ax Of DOI Land Swap

    Environmental groups and the National Congress of American Indians have thrown their support behind the Shoshone-Bannock Tribes in calling on the Ninth Circuit to uphold a lower court ruling that the federal government's land exchange with agribusiness J.R. Simplot Co. was unlawful.

  • April 15, 2024

    Oil Co. Warns NC Justices Of 'Unfair' Results In Taking Case

    An oil company and two other former plaintiffs from a settled state government land-taking proposed class action have warned the North Carolina Supreme Court that if the justices affirm an intermediate appellate ruling in a similar case, they would be reinforcing "unfair, unequal, disparate and divergent" treatment of property owners.

  • April 15, 2024

    Canadian Supplement Co.'s Sale Hits Ch. 15 Snag In Del.

    A Delaware bankruptcy judge appeared skeptical Monday that an American judge can weigh in on a dispute over rights to Canadian assets, as counsel for a troubled nutritional supplement supplier based in Canada argued for U.S. recognition of a sale order from an insolvency court in its home country.

  • April 15, 2024

    9th Circ. Says Court Must Consider Pay In Navajo Benefits Bid

    The Ninth Circuit has vacated a ruling that a Navajo Nation member failed to prove he was wrongfully denied relocation benefits after the U.S. gave his ancestral lands to the Hopi Tribe, with a split panel remanding the case to federal district court with instructions to consider evidence of his income.

  • April 15, 2024

    4th Circ. Upholds W.Va.'s Win In Coal Mine Cleanup Suit

    The Fourth Circuit on Monday affirmed a West Virginia federal court's order ending developers' allegations that the state's environmental regulators' reclamation efforts at an old coal mining site constituted illegal dumping, finding the lower court correctly concluded the efforts are exempt from regulations prohibiting open dumps.

  • April 15, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware justices mulled whether one Chancery Court vice chancellor properly voided four company bylaws — just as another vice chancellor voided one more. Fights among Truth Social investors continued, and shareholders launched new cases involving Macy's, United Airlines, and Clayton Dubilier & Rice LLC and Stone Point Capital LLC.

  • April 15, 2024

    Conn. Atty Aided $1.4M Transfer Scam, Developer Says

    Connecticut attorney Carole W. Briggs "intentionally orchestrated and participated in" a business email compromise scam that stole more than $1.4 million from a New Jersey-based real estate development company last year, according to a civil lawsuit in federal court.

  • April 15, 2024

    Addiction Recovery Home Says City Seeks Wrongful Eviction

    An addiction recovery home is suing the city of Lincoln, Nebraska, and the Lincoln-Lancaster County Planning Commission in federal court, saying they are wrongly using zoning rules in a bid to evict residents from one of its homes in violation of the Fair Housing Act and Americans with Disabilities Act.

  • April 15, 2024

    Clark Hill Adds Fla. Real Estate Atty With 17 Years' Experience

    Clark Hill PLC has hired a longtime real estate attorney with almost two decades of experience who spent the past nine years working on transactional and other related real estate matters as a solo practitioner, the firm announced Monday.

  • April 15, 2024

    Justices Won't Hear Brokerage's Arbitration Claim In Fees Suit

    The U.S. Supreme Court declined on Monday to hear HomeServices of America's argument that certain class members in a lawsuit over real estate agents' commissions should have been compelled to arbitrate their antitrust claims rather than taking them to a jury.

  • April 15, 2024

    High Court Passes On Tenants' Debt Collection Dispute

    The U.S. Supreme Court on Monday declined to consider a Ninth Circuit ruling that revived a suit filed by tenants who hit a California law firm with a Fair Debt Collection Practices Act suit.

  • April 15, 2024

    Justices Pass On Norfolk Southern Claim To Rail Line Control

    The U.S. Supreme Court declined Monday to hear Norfolk Southern Railway Co.'s challenge to a 2022 Surface Transportation Board ruling that the freight railroad company can't control Virginia's Belt Line, which opened it up to an antitrust suit from rival CSX Transportation Inc. over its rate-setting.

  • April 12, 2024

    Real Estate Authority: RE Women In BigLaw, Q1, Proptech

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on gender diversity rates among 20 BigLaw real estate practices, M&A and financing stats from the first quarter, and the 2024 Real Estate Technology Conference in New York.

  • April 12, 2024

    Peru Says Gramercy's $100M Bond Arbitration Bid Too Late

    Peru is hitting back at Connecticut-based hedge fund Gramercy's bid to enforce a $100 million arbitral award that it secured over the country's valuation of old government bonds, telling a D.C. federal court that the investor had failed to bring its challenge within three years of learning of the alleged misconduct as required by a bilateral trade agreement. 

  • April 12, 2024

    Hedge Fund Fires Back At Hotel REIT With Proxy Contest Suit

    Blackwells Capital LLC has fired back at Braemar Hotels & Resorts Inc. with a lawsuit against the hotel REIT and its board chair Monty Bennett, seeking a green light to move forward with a campaign to place its own candidates on the company's board.

  • April 12, 2024

    Feds Say Ga. Apartments Denied Wheelchair Accommodation

    Federal prosecutors on Thursday hit a Savannah, Georgia, apartment complex, a local housing authority and other defendants with a Fair Housing Act complaint alleging they denied a disabled resident an accessible apartment in spite of her repeated requests that they accommodate her disability.

  • April 12, 2024

    Mich. Township Wants Suit Over Foiled Pot Dispensary Tossed

    A Michigan township is urging a federal court to toss a lawsuit filed by a cannabis entrepreneur and local developers who claim the municipality's leaders blocked them from opening a marijuana dispensary, arguing the court lacks jurisdiction.

Expert Analysis

  • 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.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Illinois EV Charging Act Sparks Developer Concerns

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    A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • What NAR Settlement Means For Agent Commission Rates

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    If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.

  • Opinion

    New Mexico Fire Victims Deserve Justice From Federal Gov't

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    Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.

  • Opinion

    $175M Bond Refiled By Trump Is Still Substantively Flawed

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    The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.

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