Real Estate

  • April 15, 2024

    Enviro Groups Urge 9th Circ. To Uphold Ax Of DOI Land Swap

    Environmental groups and the National Congress of American Indians have thrown their support behind the Shoshone-Bannock Tribes in calling on the Ninth Circuit to uphold a lower court ruling that the federal government's land exchange with agribusiness J.R. Simplot Co. was unlawful.

  • April 15, 2024

    Oil Co. Warns NC Justices Of 'Unfair' Results In Taking Case

    An oil company and two other former plaintiffs from a settled state government land-taking proposed class action have warned the North Carolina Supreme Court that if the justices affirm an intermediate appellate ruling in a similar case, they would be reinforcing "unfair, unequal, disparate and divergent" treatment of property owners.

  • April 15, 2024

    Canadian Supplement Co.'s Sale Hits Ch. 15 Snag In Del.

    A Delaware bankruptcy judge appeared skeptical Monday that an American judge can weigh in on a dispute over rights to Canadian assets, as counsel for a troubled nutritional supplement supplier based in Canada argued for U.S. recognition of a sale order from an insolvency court in its home country.

  • April 15, 2024

    9th Circ. Says Court Must Consider Pay In Navajo Benefits Bid

    The Ninth Circuit has vacated a ruling that a Navajo Nation member failed to prove he was wrongfully denied relocation benefits after the U.S. gave his ancestral lands to the Hopi Tribe, with a split panel remanding the case to federal district court with instructions to consider evidence of his income.

  • April 15, 2024

    4th Circ. Upholds W.Va.'s Win In Coal Mine Cleanup Suit

    The Fourth Circuit on Monday affirmed a West Virginia federal court's order ending developers' allegations that the state's environmental regulators' reclamation efforts at an old coal mining site constituted illegal dumping, finding the lower court correctly concluded the efforts are exempt from regulations prohibiting open dumps.

  • April 15, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware justices mulled whether one Chancery Court vice chancellor properly voided four company bylaws — just as another vice chancellor voided one more. Fights among Truth Social investors continued, and shareholders launched new cases involving Macy's, United Airlines, and Clayton Dubilier & Rice LLC and Stone Point Capital LLC.

  • April 15, 2024

    Conn. Atty Aided $1.4M Transfer Scam, Developer Says

    Connecticut attorney Carole W. Briggs "intentionally orchestrated and participated in" a business email compromise scam that stole more than $1.4 million from a New Jersey-based real estate development company last year, according to a civil lawsuit in federal court.

  • April 15, 2024

    Addiction Recovery Home Says City Seeks Wrongful Eviction

    An addiction recovery home is suing the city of Lincoln, Nebraska, and the Lincoln-Lancaster County Planning Commission in federal court, saying they are wrongly using zoning rules in a bid to evict residents from one of its homes in violation of the Fair Housing Act and Americans with Disabilities Act.

  • April 15, 2024

    Clark Hill Adds Fla. Real Estate Atty With 17 Years' Experience

    Clark Hill PLC has hired a longtime real estate attorney with almost two decades of experience who spent the past nine years working on transactional and other related real estate matters as a solo practitioner, the firm announced Monday.

  • April 15, 2024

    Justices Won't Hear Brokerage's Arbitration Claim In Fees Suit

    The U.S. Supreme Court declined on Monday to hear HomeServices of America's argument that certain class members in a lawsuit over real estate agents' commissions should have been compelled to arbitrate their antitrust claims rather than taking them to a jury.

  • April 15, 2024

    High Court Passes On Tenants' Debt Collection Dispute

    The U.S. Supreme Court on Monday declined to consider a Ninth Circuit ruling that revived a suit filed by tenants who hit a California law firm with a Fair Debt Collection Practices Act suit.

  • April 15, 2024

    Justices Pass On Norfolk Southern Claim To Rail Line Control

    The U.S. Supreme Court declined Monday to hear Norfolk Southern Railway Co.'s challenge to a 2022 Surface Transportation Board ruling that the freight railroad company can't control Virginia's Belt Line, which opened it up to an antitrust suit from rival CSX Transportation Inc. over its rate-setting.

  • April 12, 2024

    Real Estate Authority: RE Women In BigLaw, Q1, Proptech

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on gender diversity rates among 20 BigLaw real estate practices, M&A and financing stats from the first quarter, and the 2024 Real Estate Technology Conference in New York.

  • April 12, 2024

    Peru Says Gramercy's $100M Bond Arbitration Bid Too Late

    Peru is hitting back at Connecticut-based hedge fund Gramercy's bid to enforce a $100 million arbitral award that it secured over the country's valuation of old government bonds, telling a D.C. federal court that the investor had failed to bring its challenge within three years of learning of the alleged misconduct as required by a bilateral trade agreement. 

  • April 12, 2024

    Hedge Fund Fires Back At Hotel REIT With Proxy Contest Suit

    Blackwells Capital LLC has fired back at Braemar Hotels & Resorts Inc. with a lawsuit against the hotel REIT and its board chair Monty Bennett, seeking a green light to move forward with a campaign to place its own candidates on the company's board.

  • April 12, 2024

    Feds Say Ga. Apartments Denied Wheelchair Accommodation

    Federal prosecutors on Thursday hit a Savannah, Georgia, apartment complex, a local housing authority and other defendants with a Fair Housing Act complaint alleging they denied a disabled resident an accessible apartment in spite of her repeated requests that they accommodate her disability.

  • April 12, 2024

    Mich. Township Wants Suit Over Foiled Pot Dispensary Tossed

    A Michigan township is urging a federal court to toss a lawsuit filed by a cannabis entrepreneur and local developers who claim the municipality's leaders blocked them from opening a marijuana dispensary, arguing the court lacks jurisdiction.

  • April 12, 2024

    SEC Says Developer Pulled EB-5 Funds From Nursing Homes

    The U.S. Securities and Exchange Commission accused a Las Vegas developer of using $10 million raised by overseas investors hoping to immigrate to the U.S. to pay down a loan for a project unconnected to their immigration applications.

  • April 12, 2024

    NJ Firm Wants Boardwalk Malpractice Suit Tossed For Good

    Hankin Sandman Palladino Weintrob & Bell has called on a New Jersey federal court to lift a stay and allow the firm to pursue summary judgment in a legal malpractice lawsuit from a couple over their investment in an Atlantic City Boardwalk amusement park, which resulted in an $11.8 million claim against the investors.

  • April 12, 2024

    Vermont Attys Can't Be Sued In Connecticut, Court Says

    Two Vermont firms that handled the sale of a Connecticut man's second home near a Vermont ski town cannot be sued in Connecticut because the lawyers' business models and the disputed cash transfers that spurred the litigation were not sufficiently directed toward Connecticut, a three-judge appellate panel ruled on Friday.

  • April 12, 2024

    The Week In Trump: Catch Up On The Ex-President's Cases

    Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.

  • April 12, 2024

    Justices Back Property Owner In Dispute Over Permit Fees

    The U.S. Supreme Court ruled Friday that a $23,420 local traffic impact fee charged to a California property owner's rural manufactured home isn't exempt from scrutiny as a Fifth Amendment taking simply because the charge is allowed by legislation.

  • April 11, 2024

    DC Circ. Mulls Jurisdiction In Fight Over Jewish Texts

    The D.C. Circuit is set to decide whether a D.C. federal court can consider a Jewish group's allegations that Russia is illegally holding onto its long-lost sacred religious texts, after hearing arguments early Thursday in the appeal of a case that's been kicking around the lower court's docket for two decades.

  • April 11, 2024

    Wash. Justices Side With EB-5 Firm Over Arbitration Award

    Washington's high court ruled on Thursday that the payment of an arbitration award does not resolve a case seeking to confirm that award, standing by a lower court's decision to enter a confirmation order on an investment firm's $11.5 million win against a beleaguered developer over missed payments on a loan.

  • April 11, 2024

    REIT Hit With Suit By Ex-CEO Over Share Buyback Conflict

    A real estate investment trust has been hit with a proposed class action by its former CEO alleging the company's insiders breached their fiduciary duties by failing to make a legitimate effort to repurchase certain preferred shares prior to their redemption date, leading to severe dilution of the common shares.

Expert Analysis

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 3 Power Rulings Change Outlook For Transmission Cos.

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    The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.

  • How New Fla. Condo Law Will Affect Owners' Finances

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    As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • The Year Ahead In Foreign Investment And National Security

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    In 2024, expect the Committee on Foreign Investment in the United States, already at the forefront of addressing national security threats, to increase monitoring and enforcement related to outbound investment, focus on supply chain resilience in nondefense sectors, and heighten oversight of agricultural transactions, say attorneys at Holland & Knight.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Sale-Leasebacks May Provide A Safe Financing Alternative

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    Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.

  • 5 Recent Developments Family Offices Are Watching In 2024

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    Although family offices have long been exempt from many of the more onerous regulations and reporting requirements governing U.S. investment advisers and asset managers, recent amendments to federal rules will have an impact on how family offices invest and operate in 2024, say attorneys at Morgan Lewis.

  • A Challenging CRE Environment Holds Opportunities In 2024

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    As the commercial real estate market faces reduced occupancy levels and rising financing costs, the new landscape will be favorable to those who can leverage capital, strategic vision and expertise to meet challenges like taking on distressed properties and converting office space to residential use, say Nesa Amamoo and Vered Rabia at Skadden.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

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