Real Estate

  • June 11, 2021

    FTC Deal Forces La. Board To Drop Appraisal Fee Rule

    The Federal Trade Commission has come out on top in its antitrust fight with the Louisiana Real Estate Appraisers Board, securing an agreement that the board will stop limiting appraisers' ability to set their own fees.

  • June 11, 2021

    Calif. Appeals Court OKs $9.2M Atty Award In Real Estate Spat

    A California appeals court has affirmed a $9.2 million fee award in a decade-old real estate dispute over a San Francisco apartment complex loan, ruling the trial court was correct to award prevailing-party fees to defendant lenders in litigation brought by a borrower.

  • June 11, 2021

    Disputed Land Is Part Of Yakama Reservation, 9th Circ. Says

    The Ninth Circuit on Friday upheld a Washington federal judge's ruling that a disputed area lies within the Confederated Tribes and Bands of the Yakama Nation's land, saying that the court must interpret an 1855 treaty defining the tribe's reservation as the Yakamas understood it at the time.

  • June 11, 2021

    Texas Justices Rule Cashed Checks Don't Kill Royalties Fight

    A split Texas Supreme Court determined Friday that an Eagle Ford Shale landowner's cashing of royalty checks didn't mean she endorsed the pooling of her oil and gas lease because it wasn't the kind of "express, written consent" outlined in her lease. 

  • June 11, 2021

    Fla. Men Defend Claims To Property In Alleged Fraud Scheme

    Two Miami-based associates of the former owners of Ukraine's PrivatBank are urging a federal judge not to nix their claims to a 31-story Kentucky skyscraper being targeted by U.S. prosecutors for its alleged connection to a money laundering scheme.

  • June 11, 2021

    Real Estate Rumors: Page, Wafra, KD Properties

    Investor J. David Page is reportedly on the hunt for $14 million of bond financing for a Florida senior housing project, a Wafra Capital venture is said to have landed roughly $500 million in financing for a Manhattan office tower and KD Properties is said to have paid $9.9 million for a Florida industrial building.

  • June 11, 2021

    Texas Justices Say School Must Pay Tax On Leased Property

    The Texas Supreme Court on Friday affirmed lower-court rulings that a charter school is not exempt from paying ad valorem taxes on property it subleases because the property is not state-owned, even if the school's lease used state funds.

  • June 11, 2021

    Texas Court Revives Apache Oil And Gas Lease Dispute

    A Texas appeals court on Thursday reversed Apache Corp.'s eve-of-trial win in a Texas Panhandle oil and gas lease fight, saying a trial court wrongly interpreted lease terms in the suit over the company's alleged failure to adequately compensate other companies it acquired leases from.

  • June 11, 2021

    Boston Hotel's Virus Policy Only Covered 2 Days, Insurer Says

    An insurer said Thursday it's too soon for a Boston hotel investor group to declare it's owed up to a year of coverage for losses tied to a COVID-19 superspreader event, telling a California federal judge that discovery could cap the coverage period at two days.

  • June 11, 2021

    Developer Fights Class Cert. In $100M EB-5 Fraud Suit

    A real estate developer fought Friday against certification of a class of Chinese investors who say they were duped out of $100 million through an EB-5 visa scheme, telling a Florida federal judge that each investor in the case can protect their own interests and doesn't need the class action vehicle.

  • June 11, 2021

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

    The past week in London has seen Ukraine's bank deposit protection scheme sue a bank in Liechtenstein, streaming platform Twitch take aim at a viewing bot, and law firm Kennedys files for an injunction against Hiscox.

  • June 10, 2021

    Fall Bench Trial Set For Lehman Bros' CDS Insurer Fight

    A New York state judge on Thursday set an October bench trial date for a lawsuit by Lehman Brothers' bankrupt European unit that accuses an Assured Guaranty Ltd. affiliate of failing to make good on hundreds of millions of dollars worth of credit default swap trades after the 2008 financial crisis.

  • June 10, 2021

    Senate Banking Chair Knocks PE Firm On Pandemic Evictions

    The Senate Banking Committee's Democratic chairman told private equity firm Pretium Partners LLC on Thursday that he's "troubled" some of its portfolio companies may have bucked a federal moratorium on tenant evictions during the COVID-19 crisis and wants answers.

  • June 10, 2021

    Trenk DiPasquale Cost Ex-Client Chance At $300K, Court Told

    A onetime client of then-Trenk DiPasquale Della Fera & Sodono PC has slapped the law firm and two of its ex-partners with a New Jersey state lawsuit alleging their shoddy representation cost him chances to recoup more than $300,000 from his real estate dealings and to pursue claims against a bank. 

  • June 10, 2021

    Calif. Firms Dodge Malpractice Claims At State Appeals Court

    A California state appeals court on Wednesday affirmed the dismissal of a couple's malpractice suit blaming a Los Angeles attorney and several firms he worked at for a $30 million trial loss over predatory mortgage lending, ruling that the couple hadn't raised a triable issue of material fact as to the attorney's handling of the case. 

  • June 10, 2021

    Court Won't Force Zillow Changes During Antitrust Case

    A Washington federal court will not force Zillow to change the home listings on its website while it fights claims from tech-focused real estate company REX that it violated antitrust law by complying with rules imposed by the National Association of Realtors.

  • June 10, 2021

    Jury Charge Error Means New Trial Against Windstorm Insurer

    An improper jury charge probably caused an improper verdict in favor of the Texas Windstorm Insurance Association in a storm damage dispute with the owner of a Corpus Christi hotel, a Texas appellate court said Thursday, ordering a new trial.

  • June 10, 2021

    Split NJ High Court Adopts Ongoing Storm Liability Rule

    A split New Jersey Supreme Court on Thursday adopted the so-called ongoing storm rule that commercial landowners do not have a duty to remove snow or ice while precipitation is still falling, while providing exceptions in cases where owners increase the risk of injury or there is a preexisting danger.

  • June 10, 2021

    Kossoff Loses Bid To Tailor Discovery Order

    A New York federal bankruptcy judge rejected a bid to qualify discovery into real estate attorney Mitchell Kossoff and his shuttered law firm in consideration of criminal investigations, but assured his counsel that all rights will be preserved going forward.

  • June 10, 2021

    Real Estate Rumors: Black Lion, Webull, Darielle Singerman

    Black Lion Investment has reportedly paid $13.25 million for a Miami retail property, Webull Financial is said to be taking an additional 17,000 square feet in Manhattan and investor Darielle Singerman has reportedly bought a Florida office and warehouse property for $10.5 million.

  • June 10, 2021

    Stein Adler Guides Box Equities' Big Logistics Bet

    Stein Adler represented Box Equities on its purchase, announced Thursday, of two distribution centers that have a combined 1.05 million square feet of space and count Home Depot and Pepsi as tenants.

  • June 09, 2021

    Mass. Town Must Allow Indoor Pot Farm In Agriculture Zone

    A split Massachusetts appeals panel affirmed on Wednesday that the town of Charlton must permit the development of an indoor marijuana growing facility because it was being constructed primarily for agricultural use.

  • June 09, 2021

    REIT Investor Sues After Bad Financial News Tanked Stock

    An investor in real estate investment trust Washington Prime Group Inc. filed a proposed class action in Ohio federal court Wednesday, accusing the company, its CEO and its chief financial officer of making intentionally false statements that, when revealed, caused the company's stock to drop significantly.

  • June 09, 2021

    Texas Military Housing Providers Accused Of Being Slumlords

    A group of military members and their families sued private landlords at three U.S. military bases in Texas federal court Tuesday, accusing the companies of acting like slumlords while receiving taxpayer revenue and providing housing plagued by rat and insect infestations, leaking sewage, mold, asbestos contamination and other problems.

  • June 09, 2021

    Pa. Justices To Review Underground Gas Storage Buffer Fight

    The Pennsylvania Supreme Court has agreed to hear claims by private landowners that a UGI Corp. subsidiary effectively seized their subsurface rights by declaring their properties within a buffer zone surrounding an underground gas storage facility.

Expert Analysis

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • How COVID Could Worsen The US Construction Defect Crisis

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    The COVID-19 pandemic has created market conditions that may aggravate the decadeslong construction defect crisis in the American housing market due to supply chain disruptions, skilled labor shortages and time crunches, say attorneys at Ball Janik.

  • How Speedway Deal Might Have Avoided Antitrust Gridlock

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    A close examination of 7-Eleven's Speedway acquisition shows that adding certain language to the deal's closing conditions might have kept it out of prolonged Federal Trade Commission antitrust jeopardy, say attorneys at Cadwalader.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • Mortgage Servicers Should Prepare To Be In CFPB Crosshairs

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    In light of recent indications that the Consumer Financial Protection Bureau will make housing security a top priority, residential mortgage servicers should prepare for increased enforcement scrutiny as foreclosures and evictions rise post-pandemic, say attorneys at Manatt.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Insurers Have Cause For Optimism In Labor Cost Rulings

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    Recent decisions from the high courts of South Carolina and North Carolina — holding that embedded labor costs can be depreciated from the replacement cost of property — bolster insurers’ moderate edge in these disputes and point to important implications for both insureds and insurers, says Richard Mason at MasonADR.

  • Perspectives

    NY Courts Should Protect Housing Rights Of All Tenants

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    New York courts should adopt a construction of the Housing Stability and Tenant Protection Act that expands on the rights of tenants without a traditional landlord-tenant relationship, in order to not only promote justice, but also adhere to the law as written, say law student Giannina Crosby, and professors Sateesh Nori and Julia McNally, at NYU Law.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • Collaborative Contracting Can Help Combat Bias In AI

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    To mitigate bias in artificial intelligence technology amid pending EU and U.S. regulations, contracting companies should consider each party's role in controlling for bias, rather than applying binary liability allocations, say Boris Segalis and Joshua Fattal at Goodwin and independent attorney Neal Dittersdorf.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Tips For Energy Developers Seeking To Lease Tribal Lands

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    The Biden administration's commitment to renewable energy creates opportunities to lease tribal lands under the Helping Expedite and Advance Responsible Tribal Home Ownership Act, but renewable energy developers should carefully consider sovereign immunity questions and other unique issues associated with tribes, say attorneys at Perkins Coie.

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