Residential
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October 22, 2024
Building Permits, Construction Starts Dip In September
The number of building permits issued and construction starts fell in September, even as the total number of housing units completed nationwide continues to rise, a delayed marker of previous months' stronger permitting activity, per data compiled by the U.S. Census Bureau.
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October 22, 2024
Housing Biz Engaged In 'Rent-To-Own' Fraud, Renters Say
A proposed class of renters has accused homeownership company Landis Technologies Inc., its affiliates and multiple investment firms in Pennsylvania federal court of running a fraudulent rent-to-own scheme.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 21, 2024
Rocket Mortgage Faces DOJ Suit Alleging Refi Race Bias
The U.S. Department of Justice on Monday sued Rocket Mortgage and two appraisal companies in Colorado federal court for allegedly undervaluing a woman's Denver home because she was Black, asserting that the mortgage company then canceled her refinancing application when she reported the alleged discrimination.
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October 21, 2024
Colo. Tenants Facing Eviction Are Entitled To Jury Trials
The Colorado Supreme Court ruled Monday that tenants in the state have a right to jury trials in eviction actions filed by their landlords if factual disputes exist in the case.
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October 21, 2024
US, Land Donor Settle Fight Over $1.9M Cut To Deduction
The federal government settled a suit brought by a Louisiana partnership that accused the IRS of using a flawed appraisal to drive down its tax deduction for a land donation by nearly $1.9 million, according to Louisiana federal court filings.
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October 21, 2024
Baha Mar Developer Wins $1.6B Verdict Over Delays
A New York state judge has handed the developer of the Bahamian resort Baha Mar a $1.6 billion verdict against a Chinese state-owned construction firm that was accused of concealing its massive delays in building the project and then sabotaging the development entirely when it realized catching up was hopeless.
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October 21, 2024
NYC Real Estate Week In Review
Greenberg Traurig and Fried Frank were among the law firms that handled the largest New York City real estate deals that hit public records last week, a period headlined by a nearly $160 million Manhattan deal.
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October 21, 2024
North Carolina Hits Vacation Rental Co. With Robocall Lawsuit
North Carolina Attorney General Josh Stein filed suit against timeshare company Club Exploria LLC in North Carolina federal court, accusing the company of illegally spamming residents across the state with robocalls that sought to sell timeshares and vacation rentals.
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October 21, 2024
Judge Upholds Ginnie Mae's Authority To Vacate Bank's Lien
A Texas federal judge ruled that the Government National Mortgage Association didn't overstep its authority when it vacated a bank's lien on a loan worth tens of millions of dollars, rejecting Texas Capital Bank's bid for partial summary judgment.
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October 21, 2024
Justices Won't Review IRS' Additions To Developer's $2M Deal
The U.S. Supreme Court said Monday it wouldn't review an Eleventh Circuit decision allowing the Internal Revenue Service to back out of a deal to settle an Alabama real estate developer's tax debt for $2 million.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Timeshare Co. Preyed On Fla. Servicemember, High Court Told
A Florida U.S. Army soldier and his wife petitioned the U.S. Supreme Court on Friday to review their case against Bluegreen Vacations Unlimited Inc., disputing that his contract isn't legal under the Military Lending Act because the company used predatory tactics to sell him a timeshare.
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October 18, 2024
Cos. Say Brokerage Startup's NAR Listing Rules Suit Is Stale
HomeServices of America Inc. and HSF Affiliates LLC told a Utah federal court on Friday to toss a residential brokerage startup's antitrust suit that accused them, multiple brokerages and the National Association of Realtors of conspiring to block the startup from NAR's multiple listing services.
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October 18, 2024
Ohio High Court Restores Developer's FHA Penalty Suit
The Ohio Supreme Court has revived a developer's attempt to recoup some of a Fair Housing Act penalty from franchisees who built inaccessible multifamily housing, finding Friday the lower courts jumped the gun when they found the developer's claims were preempted by the FHA.
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October 18, 2024
Enforcers Fight RealPage Transfer Bid In Rent-Fixing Case
Enforcers urged a North Carolina federal court not to transfer the government's antitrust case against RealPage to the Tennessee court overseeing similar private cases, saying Congress has made it clear that public antitrust actions should not be roped into multidistrict litigation.
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October 18, 2024
Judge Excuses Nationwide From Ga. Mold Death Coverage
A Georgia federal judge found Nationwide Property & Casualty Insurance Co. has no duty to defend an apartment owner from claims in a separate lawsuit alleging the landlord failed to treat black mold or warn a tenant who died of exposure to the infestation.
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October 18, 2024
Feds Win 1st Trial In Sprawling NYC Housing Bribery Case
A former New York City Housing Authority superintendent was convicted of taking bribes to award no-bid contracts, handing federal prosecutors a win in the first trial in a case that saw 70 defendants arrested earlier this year.
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October 17, 2024
9th Circ. Upholds Wash. City's Anti-Car Camping Law
A Ninth Circuit panel has rebuffed a veteran's challenge to a Washington city's ordinance that he says displaced residents living in their vehicles, ruling Oct. 17 that the ordinance does not violate his purported right to intrastate travel, which the judges said may not exist to begin with.
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October 17, 2024
Pa. Appeals Court Stops Damaged Philly Building's Demolition
A Pennsylvania appellate court has tossed a lower court order that required the demolition of a seven-story Philadelphia apartment building that had a partial façade collapse in September 2022.
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October 17, 2024
Milton Brings High Insured Costs, Familiar Pressures To Fla.
While Florida avoided a worst case scenario following Hurricane Milton's landfall, insurance experts say that the high cost of the storm will add familiar pressures to a Florida homeowners insurance market that has been battered for years by storms.
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October 17, 2024
NJ Atty Disbarred On Charges Of Stealing Over $600K
A New Jersey attorney accused of stealing over $600,000 from several clients through fraudulent real estate transactions over the last 10 years has been disbarred in New Jersey state and federal court.
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October 17, 2024
5th Circ. Tosses Policyholder's Hurricane Coverage Suit
The Fifth Circuit affirmed the dismissal of a National Flood Insurance Program policyholder's suit seeking coverage for at least $100,000 in hurricane damage to a Mississippi beachfront property, saying it was time-barred and failed to allege any extracontractual duties.
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October 16, 2024
NYC Condo Building's Revised Ch. 11 Plan Gets Confirmation
A New York federal bankruptcy judge has confirmed the owner of a Manhattan condominium complex's revised Chapter 11 plan, signing off on the planned restructuring after initially sending it back for revisions in late September, according to a notice filed Wednesday.
DC Tenant Atty Says There's No Evidence Of ERAP Fraud
Washington, D.C., officials recently changed the city's Emergency Rental Assistance Program to address what they called a crisis stemming from some tenants misusing the initiative, but the district hasn't shown evidence of misuse and the updates will likely cause more harm than good, a Legal Aid DC attorney told Law360 Real Estate Authority in an interview.
How Built Environment Interacts With Climate Risk
As worsening disasters result in skyrocketing property insurance rates, CoreLogic data shows that construction decisions can cause significant variations in climate risk, even in neighboring counties.
Climate Risk Is Turning The Tide In Buyer, Investor Behavior
Climate risk isn't yet the kind of consideration that would make or break the average property deal. But as it becomes less of an abstract concept and more of a concrete part of due diligence, it's on the verge of causing major ripples throughout the real estate industry.
DC Tenant Atty Says There's No Evidence Of ERAP Fraud
Washington, D.C., officials recently changed the city's Emergency Rental Assistance Program to address what they called a crisis stemming from some tenants misusing the initiative, but the district hasn't shown evidence of misuse and the updates will likely cause more harm than good, a Legal Aid DC attorney told Law360 Real Estate Authority in an interview.
How Built Environment Interacts With Climate Risk
As worsening disasters result in skyrocketing property insurance rates, CoreLogic data shows that construction decisions can cause significant variations in climate risk, even in neighboring counties.
Climate Risk Is Turning The Tide In Buyer, Investor Behavior
Climate risk isn't yet the kind of consideration that would make or break the average property deal. But as it becomes less of an abstract concept and more of a concrete part of due diligence, it's on the verge of causing major ripples throughout the real estate industry.
Expert Analysis
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Home Canning Makes Me A Better Lawyer
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Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Rental Price-Fixing Suit Against RealPage Doesn't Add Up
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Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Colorful Lessons From NYC's Emotional Support Parrot Suit
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A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Consider Best Legal Practices For Commissioning Public Art
Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.
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Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Proposed Mortgage Assistance Rule: Tips For Servicers
The Consumer Financial Protection Bureau's recent proposal to alter Regulation X mortgage servicing procedures to broadly construe requests for assistance, and stay foreclosure proceedings during loss mitigation review, will, if finalized, require mortgage servicers to make notable procedural changes to comply, says Louis Manetti at Locke Lord.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Fla. Insurer-Breach Cases Split On Unrepaired Property Issue
A Florida appellate court's recent decision in Universal v. Qureshi is directly at odds with a 2020 decision from another Florida appellate court, and raises important questions for policyholders and insurers about the proper measure of damages in breach claims involving unrepaired property, say Andrea DeField and Yaniel Abreu at Hunton.
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Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.
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In The CFPB Playbook: No Lazy, Hazy Days Of Summer
The Consumer Financial Protection Bureau is headed for a brisk fall season, on the heels of a heated summer, which included the U.S. Supreme Court's ruling that the CFPB funding structure is constitutional, and in advance of the November election, says Eamonn Moran at Holland & Knight.