More Real Estate Coverage

  • February 29, 2024

    Veil Shouldn't Be Pierced To Decode Contracts, Panel Says

    The doctrine of piercing the corporate veil shouldn't be used to interpret disputed contract terms, a split Colorado appellate panel ruled Thursday, reversing a trial court's award of more than $600,000 in a real estate fight between two longtime friends.

  • February 29, 2024

    STB, CSX Tell Justices To Reject Norfolk Southern Appeal

    Norfolk Southern Railway Co. has taken its contentious battle to have itself declared immune to a rival's antitrust suit to the U.S. Supreme Court, but the competitor that's suing it and the regulator who declared it not exempt are both asking the justices to leave well enough alone.

  • February 29, 2024

    Munck Wilson Adds IP Lawyer From Wood Smith

    A former Wood Smith Henning & Berman LLP attorney has made the move to Munck Wilson Mandala LLP in Los Angeles, bringing with her a history of working on intellectual property litigation and other commercial matters.

  • February 28, 2024

    Fla. Judge OKs $43.5M Deutsche Bank Deal In Ch. 15 Case

    A Florida bankruptcy judge on Wednesday approved a $43.5 million settlement between Deutsche Bank AG and liquidators for a group of Caribbean-based companies to resolve claims against the bank for its alleged role in a real estate Ponzi scheme targeting rich South Americans.

  • February 28, 2024

    NY Judge In Trump Case Receives Suspicious White Powder

    A suspicious white powder spilled out of an envelope addressed to the judge who ruled against Donald Trump in his New York civil fraud case, prompting emergency personnel to flood the courthouse at 60 Centre St. in Manhattan on Wednesday.

  • February 27, 2024

    Mohawk Nation Rejects 1796 Land Agreement, Court Told

    The Mohawk Nation says it has numerous outstanding issues regarding a proposed settlement with the state of New York over 2,000 acres of land stemming from a 1796 treaty, arguing that its concerns have yet to be addressed or considered relevant by the court or its present counsel as negotiations continue.

  • February 27, 2024

    CARES Act Not For Violent Tenants, Court Says, Creating Split

    A Washington appellate panel said Monday that the CARES Act eviction notice only applies to tenants who are late on rent, not when landlords want to quickly oust violent tenants, in an opinion that differs from a recent ruling from another state appellate panel.

  • February 27, 2024

    PacifiCorp Faces $50M Ask In Latest Wildfire Trial

    Nine Oregonians and a summer camp for the disabled went to trial Tuesday in state court against PacifiCorp, asking a Portland jury to award at least $50 million after a cluster of 2020 wildfires left them with "nowhere to go, but nowhere to return to."

  • February 27, 2024

    Wash. Judge Asks If COVID 'Fire Sale' Should Impact Tax Plan

    A Seattle city attorney asked a Washington state appeals court on Tuesday to let the city keep a $160 million special property tax in place to fund waterfront improvements, as one judge questioned during oral arguments whether diminished property values post-pandemic should make the city recalculate the tax.

  • February 27, 2024

    States, Businesses Aim To Kill Feds' Revised Water Rule

    States and business groups have asked a North Dakota federal judge to force the U.S. Environmental Protection Agency to revise regulations intended to define the scope of the federal government's authority under the Clean Water Act.

  • February 27, 2024

    Conn. Mortgage Biz Rips 'Maximalist' CFPB Licensing Stance

    Shuttered East Hartford mortgage company 1st Alliance Lending LLC and its co-owners have argued a Connecticut federal court should throw out the U.S. Consumer Financial Protection Bureau's claims that they deceived borrowers by letting unlicensed consultants create and manage their loans, asserting that the agency's "maximalist position" goes beyond the law.

  • February 27, 2024

    Energy Co. Asks 8th Circ. To Revive Lease Termination Suit

    A Denver-based energy company has told the Eighth Circuit that a North Dakota federal judge was wrong to dismiss its lease termination suit and hold that it had not exhausted its administrative remedies when its appeal of the Bureau of Indian Affairs decision had dragged on for nine-plus years.

  • February 26, 2024

    Feds, Fla. Oppose Sharing Power In Clean Water Act Program

    The federal government and Florida are now fighting over how much power each should get after a D.C. federal judge struck down the U.S. Environmental Protection Agency's decision to approve the Sunshine State's bid to assume authority over a key Clean Water Act permitting program.

  • February 26, 2024

    Pastor And Ally Of NYC Mayor Was A Con Man, Jury Hears

    A well-known Brooklyn pastor with close ties to New York City Mayor Eric Adams is a con man, a Manhattan federal prosecutor told jurors Monday, one who lied to lenders, stole from an elderly parishioner and claimed his connections to City Hall could result in millions of dollars in profits from a real estate deal.

  • February 26, 2024

    Del. Justices Deny Second Chance For Texas Land Co. Suit

    Two investors in one of Texas' largest land holding companies lost a bid Monday for Delaware Supreme Court revival of a suit challenging a six-fold increase in company shares, upholding a Court of Chancery finding in December.

  • February 26, 2024

    Trump Calls Biz Bans 'Punitive' In $465M Civil Fraud Appeal

    Donald Trump, his adult sons, his companies and former officers moved to appeal the $464.6 million civil fraud judgment handed down by a New York state judge earlier this month, accusing the judge of overstepping his authority and issuing "punitive" relief.

  • February 23, 2024

    Wildlife, Paddling Groups Want To Join Clean Water Act Fight

    The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.

  • February 23, 2024

    Tribal Biz Atty Must Meet Calif. DA Over Greenhouse Wreckage

    A California federal judge has ordered the lawyer for a business owned by a tribal conglomerate to attend a hearing with San Bernardino County's district attorney, saying the lawyer must explain why he forced the DA to file a unilateral status report about the destruction of illegal cannabis greenhouses.

  • February 23, 2024

    1st Circ. Told Wind Farm's Approval Should've Been A Breeze

    A wind farm developer has asked the First Circuit to reject fishing groups' challenge to the U.S. Department of the Interior's approval of a proposed project off the coast of Martha's Vineyard, saying the effort to sink the plan can't survive because the agency did things by the book.

  • February 22, 2024

    Wildlife Group Sinks USDA Agricultural Wetlands Rule

    A D.C. federal judge on Thursday ruled that the U.S. Department of Agriculture inappropriately altered its program designed to stop the development of wetlands on farmland and struck down those regulations.

  • February 22, 2024

    Coldwell Banker Wins Trade Secrets Fight On Directed Verdict

    A California state judge issued a directed verdict for Coldwell Banker's Orange County division in a case where a rival real estate company accused it of poaching employees and stealing trade secrets.

  • February 22, 2024

    Ex-HFZ Capital Chief Denies $86M Real Estate Fraud Charges

    The former head of troubled real estate firm HFZ Capital Group has pled not guilty in New York state court to dozens of criminal charges alleging he spearheaded a series of theft and tax fraud schemes that netted more than $86 million in total.

  • February 22, 2024

    3 Firms Steer Stonepeak's $3B Wind Farm Stake Deal

    Stonepeak plans to buy a 50% noncontrolling stake in Dominion Energy's Coastal Virginia Offshore Wind project for $3 billion and split construction costs with the electricity giant in a deal powered by three law firms, the companies announced.

  • February 21, 2024

    Justices Urged To Turn Away $285M Panama Canal Award Suit

    The operator of the Panama Canal on Tuesday urged the U.S. Supreme Court to turn away a case in which $285 million in arbitral awards are being challenged over an arbitrator's "evident partiality," saying close relationships between arbitrators are so "ubiquitous" in international arbitration that they are unremarkable.

  • February 21, 2024

    Biogas Investment Tax Credit Still Needs Tweaks, IRS Told

    While the IRS clarified that the clean energy investment tax credit would cover eligible upgrading equipment integral to biogas properties, the industry could get a boost if final rules allow separate ownership of the equipment, stakeholders told the agency Wednesday.

Expert Analysis

  • SEC Form PF Amendments Show Private Fund Adviser Focus

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    The U.S. Securities and Exchange Commission recently adopted amendments to Form PF that will establish new event-reporting requirements for private equity and large hedge fund advisers, reflecting the SEC's increased attention on the private markets also seen in its stated examination priorities and latest rule proposals, say attorneys at King & Spalding.

  • What Tax-Exempt Orgs. Need From Energy Credit Guidance

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    Guidance clarifying the Inflation Reduction Act’s credit regime, expected from the U.S. Department of the Treasury this summer, should help tax-exempt organizations determine the benefits of clean energy projects and integrate alternative energy investments into their activities, say attorneys at Morgan Lewis.

  • As Sackett Trims Feds' Wetlands Role, States May Step Up

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    The U.S. Supreme Court's recent decision in Sackett v. U.S. Environmental Protection Agency extinguishes federal authority over many currently regulated wetlands — meaning that federal permits will no longer be required to discharge pollutants in affected areas, but also that state regulators may take a more active role, say attorneys at Kelley Drye.

  • How Fla. Tort Reform Will Shift Construction Defect Suits

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    Recent modifications to Florida's private statutory action rules for building code violations and to the statute of limitations and repose for defect claims significantly clarify ambiguity that had existed under previous rules, and both claimants and defendants should consider new legal arguments that may become possible, say Ryan Soohoo and George Truitt at Cole Scott.

  • The Nuts And Bolts Of IRS Domestic Content Tax Credit

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    Recent IRS guidance provides specifics on how renewable energy projects can qualify for bonus tax credits by meeting U.S. domestic content rules, but also creates a qualification framework that will be complicated for project developers to navigate, say Scott Cockerham and Wolfram Pohl at Orrick.

  • Biden's Enviro Justice Focus Brings New Business Risks

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    A recent executive order from President Joe Biden continues the administration's whole-of-government approach toward environmental justice, and its focus on transparency may increase the risk of permit challenges, enforcement actions and citizen suits, say attorneys at King & Spalding.

  • Attorneys Should Have An Ethical Duty To Advance DEI

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    National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.

  • EV Chargers Can Bring Benefits For Calif. Property Owners

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    California property developers and owners face growing pressure to provide electric vehicle charging infrastructure — but this can be a unique opportunity to add value to real estate assets, and can be accomplished in multiple ways, say Riley Cutner-Orrantia and Eurie Hwang at Crosbie Gliner.

  • Brownfield Renewables Guidance Leaves Site Eligibility Murky

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    Recent IRS guidance sheds some light on the Inflation Reduction Act's incentives for renewable energy development on contaminated sites — but the eligibility of certain sites for brownfield status remains uncertain, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.

  • Water Infrastructure Crisis Requires Private Investment

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    The federal government is in the process of distributing billions of dollars recently allocated for upgrades to U.S. water infrastructure — but capital, beyond what government can provide, is needed to fully address decades of neglect, meaning that private investment must be a part of the solution, says Damian Georgino at Womble Bond.

  • Ambiguity In 'Buy America' Implementation May Slow Projects

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    The White House Office of Management and Budget's most recent guidance, which builds on a complex patchwork of Buy America restrictions that vary by federal agency, would perpetuate government contractors' uncertainty regarding product and material classification and could delay infrastructure projects, say attorneys at Miles & Stockbridge.

  • La. Suit Could Set New Enviro Justice Litigation Paradigm

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    Inclusive Louisiana v. St. James Parish, a lawsuit filed recently in Louisiana federal court that makes wide-ranging and novel constitutional and statutory claims of environmental racism based on centuries of local history, could become a new template for environmental justice litigation against governments and businesses, say attorneys at King & Spalding.

  • It's Time For Lawyers To Stand Up For Climate Justice

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    The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.

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