Real Estate

  • June 28, 2024

    Rite Aid Ch. 11 Plan OK'd With Insurers' Objections Resolved

    A New Jersey bankruptcy judge Friday approved pharmacy chain Rite Aid's Chapter 11 restructuring plan after the company said it had resolved objections from its insurance carriers to how the plan treats their policies.

  • June 28, 2024

    Homeless Advocates Balk As High Court OKs Anti-Camping Ban

    The U.S. Supreme Court ruled Friday that an Oregon city's anti-camping ban doesn't amount to cruel and unusual punishment amid a challenge brought by a class of homeless residents, a move that residents' counsel says paves the way for municipalities to criminalize homelessness.

  • June 28, 2024

    NC Justices Revive Black Property Owners' Bias Suit

    The North Carolina Supreme Court vacated a lower court's dismissal of discrimination claims brought by Black property owners against the city of Kinston alleging that the city targeted Black-owned buildings for condemnation while preserving white-owned buildings as historical, ruling Friday that the lower court applied the wrong legal standard.

  • June 28, 2024

    Judge Rejects Collusion Claim In Contested Foreclosure Deal

    A Michigan federal judge approved on Thursday a class settlement between 43 Michigan counties and people who lost their homes in tax foreclosure, putting to bed accusations of collusion between the settling lawyers.

  • June 28, 2024

    Seattle Co. Owes $5.6M For Upgrades At Old Fed Building

    A company that owns the Seattle Federal Reserve Building owes a construction contractor $5.6 million for renovations on two floors, a Washington state court has ruled.

  • June 28, 2024

    Condo Seeks Bar On Enforcement Of Corp. Transparency Act

    A Boston condominium association has asked a federal judge to shield it and other Massachusetts condo boards from enforcement of an anti-money laundering measure, saying the requirement to submit personal information to a government database creates an undue and unnecessary burden on volunteer organizations.

  • June 28, 2024

    Colombia Fends Off Real Estate Project Seizure Claim

    Colombia has claimed an "unprecedented" victory in an arbitration initiated by a group of U.S. investors seeking hundreds of millions of dollars after their real estate development project was seized over allegations that the project had connections with illegal activity.

  • June 28, 2024

    DC Circ. Panel Rejects Mich. Tribe's Casino Land Trust Bid

    A D.C. appellate court panel on Friday rejected a Michigan tribe's bid to compel the federal government to take land into trust for a casino venture outside Detroit, saying the court is not convinced that the tribe's proposal to channel a portion of the profits into the tribal community's unmet needs is lawful.

  • June 28, 2024

    Tulsa Fights Prisoners' Bids To Join Jurisdiction Row

    The city of Tulsa is fighting bids by nearly a dozen people incarcerated within the Oklahoma Department of Corrections to intervene in a challenge by the Muscogee (Creek) Nation over tribal jurisdiction, arguing that the federal district court first must consider the municipality's motion to dismiss the lawsuit.

  • June 28, 2024

    NYC Realty Co. Defeats Most Of Building Super's Wage Claims

    A New York realty group secured early wins on all but one of a building superintendent's wage claims, with a New York federal judge ruling Friday the worker had provided scant evidence in support, but the group must face claims related to wage deficits caused by a time clock malfunction.

  • June 28, 2024

    Insurer Says Kennel Expansion Complaints Not Covered

    A Hanover unit told a California federal court that it has no obligation to defend a dog kennel in an underlying lawsuit alleging that the kennel's expansion, which increased capacity from about 20 dogs to 200 dogs, interfered with the community's rights of possession.

  • June 28, 2024

    Mass. Senate OKs $5B Housing Bill Without Local-Option Tax

    Massachusetts would authorize about $5 billion in bonding authority to promote housing under legislation passed by the state Senate that leaves out a local-option real estate transfer fee sought by Democratic Gov. Maura Healey.

  • June 28, 2024

    NYC Housing Worker Gets Jail In 1st Sentence Of Bribery Bust

    A Manhattan federal judge hit a retired New York City public housing superintendent with a year in prison Friday for taking $7,500 in bribes, a potentially worrisome signal for 69 others charged in a major anti-corruption sweep.

  • June 28, 2024

    5th Circ. Tosses Texas Health System's COVID-19 Suit

    The largest nonprofit health system in Texas cannot get coverage for COVID-19-related business interruption losses it said totaled over $192 million, the Fifth Circuit affirmed, highlighting previous circuit precedent establishing that COVID-19 does not cause "physical loss or damage."

  • June 28, 2024

    High Court Enters July With 3 Rulings To Go

    In a rare move, the U.S. Supreme Court will issue opinions into the beginning of July as the court tries to clear its merits docket of three remaining cases dealing with presidential immunity, whether governments can control social media platforms' content moderation policies and the appropriate deadline to challenge agency action. 

  • June 28, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.

  • June 28, 2024

    Venable's Real Estate Finance Group Gains Partner In NY

    Venable LLP has expanded its real estate finance group by hiring a New York-based partner from Nelson Mullins Riley & Scarborough LLP.

  • June 28, 2024

    Supreme Court Backs Oregon City's Anti-Camping Laws

    The U.S. Supreme Court upheld an Oregon city's anti-camping ordinances Friday against a challenge from homeless residents who allege the laws penalize them for being homeless.

  • June 27, 2024

    Freedmen Heir Has Standing In Land Leasing Row, Court Says

    A descendant of those enslaved by the Cherokee Nation can challenge the federal government's alleged restriction on funds from early 20th century land allotments, a D.C. Circuit judge said, arguing that she suffered a cognizable injury due to the Interior Department's failure to provide an accounting of the transactions.

  • June 27, 2024

    Texas Bank Moves For Partial Win In Ginnie Mae Loan Suit

    Texas Capital Bank told a federal judge that it's entitled to tens of millions of dollars in collateral on which it has a first-priority lien that it said Ginnie Mae wrongfully diverted to itself, and that the court has already addressed the issue that warrants partial summary judgment in its favor.

  • June 27, 2024

    Insurers Call Rite Aid Ch. 11 Opioid Deal Unfair

    Counsel for bankrupt drugstore chain Rite Aid told a New Jersey bankruptcy judge Thursday that it hopes to reach an agreement with at least some of its insurers on payments into an opioid settlement fund before closing arguments in its Chapter 11 plan confirmation Friday.

  • June 27, 2024

    NY Regulators Say Pot Companies' Bid Would Ruin Industry

    New York's cannabis authority has urged a state court to toss a lawsuit seeking to invalidate hundreds of retail permits over claims that the agency gave special treatment to certain applicants, arguing that granting such a request would be "financially ruinous" for many and detrimental to the "emerging retail cannabis industry."

  • June 27, 2024

    IRS To Offer Combined Filing For Energy Investment Credits

    The Internal Revenue Service will let clean energy project owners that are claiming investment tax credits for more than 200 facilities file the claims with a single form, an agency official said Thursday.

  • June 27, 2024

    4th Circ. Dismisses Chinese Currency Issues In $3.6M Award

    The Fourth Circuit on Thursday shut down an argument that enforcing a $3.6 million Hong Kong arbitral award would violate U.S. public policy by allowing the winning party to skirt Chinese currency controls, in a dispute stemming from the organization of a real estate development firm.

  • June 27, 2024

    NY Historic Building Rehab Tax Credits Apply Per Structure

    New York's $5 million tax-credit cap for rehabilitation projects of historic properties is applied on a per-structure basis even if multiple structures are included on a single application, the state Department of Taxation and Finance said in a declaratory ruling.

Expert Analysis

  • Wave Of Final Rules Reflects Race Against CRA Deadline

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    The flurry of final rules now leaping off the Federal Register press — some of which will affect entire industries and millions of Americans — shows President Joe Biden's determination to protect his regulatory legacy from reversal by the next Congress, given the impending statutory look-back period under the Congressional Review Act, say attorneys at Jenner & Block.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • A Deep Dive Into High Court's Permit Fee Ruling

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    David Robinson and Daniel Golub at Holland & Knight explore the U.S. Supreme Court's recent ruling that a local traffic impact fee charged to a California property owner may be a Fifth Amendment taking — and where it leaves localities and real estate developers.

  • Opinion

    The Case For Overturning Florida Foreclosure Ruling

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    A Florida appellate court's recent decision in Desbrunes v. U.S. Bank National Association will potentially put foreclosure cases across the state in jeopardy, and unless it is reconsidered, foreclosing plaintiffs will need to choose between frustrating and uncertain options in the new legal landscape, say Sara Accardi and Paige Knight at Bradley.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 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.

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