Real Estate

  • January 23, 2020

    NJ High Court Nixes FedEx Driver's Slip-And-Fall Claim

    The New Jersey Supreme Court on Thursday upended a state appellate ruling that a property owner may be held liable for a FedEx driver's fall on the icy driveway of the car dealership that rents the property, saying a lease agreement made clear that the dealership was responsible for maintaining the premises.

  • January 23, 2020

    Manulife Drops $80M On Montreal Multifamily Housing

    Manulife Investment Management said Thursday it has acquired a pair of multifamily buildings in Montreal for CA$105 million ($80 million).

  • January 23, 2020

    EPA Narrows Federal Oversight Of Water Pollution

    The Trump administration on Thursday officially narrowed the federal government's permitting authority under the Clean Water Act, in a final rewrite of a rule that replaces a controversial and broader Obama-era policy the president already rescinded.

  • January 22, 2020

    Congress Weighs In On SEC Disgorgement Power Challenge

    Two dozen members of Congress told the U.S. Supreme Court on Wednesday that stripping the U.S. Securities and Exchange Commission's power to seek disgorgement in civil cases would upend decades of legislation and buck sound precedent undergirding the nation's securities laws.

  • January 22, 2020

    NJ High Court Challenges Bid To Stop High-Rises Over Safety

    The New Jersey Supreme Court stressed Wednesday that a provision of the state Municipal Land Use Law does not permit upending final approval of a development project over public health and safety concerns as the justices challenged Hoboken’s ongoing bid to derail construction of two high-rise residential buildings along the Hudson River.

  • January 22, 2020

    Snell & Wilmer Fights DQ Bid In EB-5 Project Suit

    Snell & Wilmer LLP fired back at a bid to boot it from representing entities alleged to be at odds with each other in a suit from Chinese investors seeking to recoup money they sank into a condo project as part of the EB-5 visa program, saying there’s no basis for disqualification.

  • January 22, 2020

    Comptroller Balks At Calls For Extra Time On Lending Rules

    The head of the Office of the Comptroller of the Currency said Wednesday that he is not inclined to give more time for the public to weigh in on a proposed overhaul of regulations requiring banks to lend in underserved communities, despite objections from Democratic lawmakers and advocacy groups that the rules changes are being rushed through.

  • January 22, 2020

    NYC Rent Abatement Dispute Can Proceed As Class Action

    A rent abatement suit against the New York City Housing Authority can go forward as a class action, a move that will avoid the need for hundreds of thousands of individual civil court claims, according to a decision earlier this week from the New York State Appellate Division.

  • January 22, 2020

    BofA Slams Bid To DQ Goodwin Procter In Lending Bias Suit

    Bank of America has pushed back against an effort by Cook County, Illinois, to disqualify Goodwin Procter LLP from a suit accusing the banking giant of engaging in racially discriminatory lending practices, saying the county’s framing of the facts is “misleading.”

  • January 22, 2020

    Akara Partners Lands $58M Loan For Chicago Hilton Hotel

    Akara Partners has scored $57.58 million in financing for a new Hilton hotel in Chicago, according to an announcement on Wednesday from Jones Lang LaSalle, which brokered the deal for Akara.

  • January 22, 2020

    DOJ Pauses $37.6M Suit Against Fugees Star Linked To 1MDB

    A D.C. federal judge on Tuesday let the federal government pause its forfeiture action seeking $37.6 million from a founding member of the renowned hip-hop group Fugees for his alleged participation in the multibillion-dollar 1Malaysia Development Berhad fraud scandal.

  • January 22, 2020

    WeWork Sells Off Noncore Businesses Teem And The Wing

    WeWork said Wednesday it sold off its meeting space software business Teem and its stake in women-focused networking group The Wing as the coworking giant looks to trim down its business following last year's high-profile stumbles.

  • January 22, 2020

    Real Estate Rumors: SL Green, Columbia, Michael Shvo

    SL Green Realty has reportedly loaned $58.5 million for a New York mixed-use project, Columbia Property Trust is said to have preleased nearly half of the 105,000 square feet it's planning to add to a D.C. building and a Michael Shvo venture is reportedly paying $370 million for a Chicago office tower.

  • January 22, 2020

    Former Eversheds Litigator Shaping IRS Enforcement Efforts

    As the IRS ramps up its enforcement on syndicated conservation easements, cryptocurrency transactions and microcaptive insurance arrangements, the efforts will be guided by a veteran Eversheds Sutherland litigator who once squared off against the agency over tax shelter transactions.

  • January 22, 2020

    Shearman & Sterling, Greenberg Traurig Steer $62M NYC Loan

    Shearman & Sterling represented a real estate lending arm of AllianceBernstein in connection with a $62 million loan to Greenberg Traurig-counseled RFR for a property on Park Avenue South in Manhattan, according to records made public in New York on Wednesday.

  • January 22, 2020

    Pair Of CapitaLand REITs To Form $12.45B Player

    The managers of CapitaLand Mall Trust and CapitaLand Commercial Trust detailed plans Wednesday for the two commercial real estate investment trusts to merge to create an industry player with a market value of 16.8 billion Singapore dollars ($12.45 billion).

  • January 22, 2020

    Pa. Justices Preserve Rule Of Capture For Fracking

    The Pennsylvania Supreme Court on Wednesday affirmed that the so-called rule of capture, a century-old precedent shielding drillers from trespassing liability when a well drilled on one property taps into oil and gas beneath a neighboring property, can be applied to hydraulically fractured wells.

  • January 21, 2020

    Greenberg Partner Can't Stick Defense Atty With $328K Bill

    A Greenberg Traurig partner in Phoenix who sued his longtime attorney for not trying to recoup from the law firm or its malpractice insurer the $328,000 he spent defending a civil fraud suit lost his bid Tuesday to revive his case.

  • January 21, 2020

    NY Settlement Lets Goldman Sachs Exit La. Bond-Rigging Suit

    A Louisiana federal court said Tuesday that a $20 million settlement in a different case allows Goldman Sachs & Co. LLC to exit a suit alleging the Wall Street titan and other major banks rigged the price of bonds issued by government-sponsored entities such as Fannie Mae and Freddie Mac.

  • January 21, 2020

    Surprise Attorney Shakes Up Sanctuary Belize Trial

    The bench trial of three individuals accused of running a $140 million Belize-based real estate scam got off to a chaotic start Tuesday morning when the appearance of a brand-new attorney for the purported mastermind of the scheme threw a Maryland federal judge for a loop.

  • January 21, 2020

    U.S. Trustee Wants RAIT's Ch. 11 Releases 'Reeled In'

    The federal bankruptcy watchdog said Tuesday that the Chapter 11 plan for real estate venture RAIT Funding LLC should not be approved as currently proposed, arguing it includes provisions that would excuse too many parties from potential liabilities.

  • January 21, 2020

    NJ Realtors Sue Over Insurance Premium Pay Deductions

    Crossroads Realty Inc. was hit with a putative class action in New Jersey state court Monday, alleging it violated state wage statutes by deducting workers' compensation insurance premiums from real estate agents' and brokers' commissions.

  • January 21, 2020

    Enviro Groups Say Gov't Dragging Feet On Turtle Status

    The federal government has missed a deadline by several years to determine whether a pair of turtle species in Louisiana and Mississippi are under threat and fall under the protection of the Endangered Species Act, according to a lawsuit filed Tuesday in D.C. federal court.

  • January 21, 2020

    Mo. Medical Marijuana Co. Scores Early Win In Zoning Battle

    A medical marijuana company can proceed with its application to open a dispensary in Independence, Missouri, after a state court judge agreed to temporarily stay a city ordinance that would severely limit where pot sellers can set up shop.

  • January 21, 2020

    $1B Vereit Settlement Gets OK But Big Atty Payday On Hold

    A Manhattan federal judge signed off Tuesday on a $1.025 billion settlement between Vereit Inc. and investors who say the real estate investment firm lied about its books, but the judge held off on hashing out a $132 million fee request by lead class counsel Robbins Geller Rudman & Dowd LLP.

Expert Analysis

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • Ritzen Creates Uniformity On Bankruptcy Stay Appeals Timing

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    The U.S. Supreme Court ruled last week in Ritzen v. Jackson Masonry that orders determining motions for relief from the automatic stay in bankruptcy cases must be appealed within 14 days of their entry, which will ensure greater certainty in the overall outcomes of cases, says Elyssa Kates at BakerHostetler.

  • Climate Law Brings Challenges For NYC Co-Ops And Condos

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    New York City's Climate Mobilization Act leaves several unanswered questions for co-ops and condos, such as what will happen to buildings with rent-regulated units, how buildings will pay for compliance costs, and how building owners will divide CMA responsibilities with tenants, says William McCracken of Ganfer Shore.

  • FIRREA Remains Potent Civil Fraud Enforcement Tool

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    Last year, three court decisions addressing the Financial Institutions Reform, Recovery and Enforcement Act's civil monetary penalties provision — two at the final judgment stage and one at the pleadings stage — expanded FIRREA jurisprudence and remind us why this statute cannot be ignored, say attorneys at Morgan Lewis.

  • Tightening Up Contracts In A Hardening Insurance Market

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    Commercial property insurance terms and conditions have softened in the last decade, but underwriters may consider adding important clauses into their contracts as the market shows signs of hardening, say Jason Reeves of Zelle and Helen Campbell of Argo Insurance Bermuda.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • A Wide Range Of Legal Priorities For Tribes In 2020

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    This year, Indian Country faces a number of critical policy and legal issues that must be addressed to protect tribal sovereignty, with key developments to watch for in all three branches of government, say attorneys at Akin Gump.

  • What To Expect If The CFPB Changes Course In 2021

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    Financial institutions should consider the implications of potential changes at the Consumer Financial Protection Bureau next year contingent on the U.S. Supreme Court’s pending Seila Law decision and the 2020 presidential election, say Eric Mogilnicki and David Stein at Covington.

  • White House NEPA Overhaul Likely To Face Legal Challenges

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    The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • The Making And Unmaking Of The Volcker Rule

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    As the late Paul Volcker's efforts to rein in banks after the financial crisis come under attack, now is a good time to revisit how his namesake rulemaking came to pass, and consider the risks of relaxing the limits on bank proprietary trading, say former Michigan Sen. Carl Levin and former Senate counsel Tyler Gellasch.