Real Estate

  • June 28, 2024

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

    This past week in London has seen Uber hit with claims from Addison Lee and the former CEO of the Kabbee app, animal by-product company Leo Group file a defamation claim against a local anti-odor campaigner, and a self-styled lord who claims to be the illegitimate son of the late Prince Phillip resume legal action against his cousins for a share in his late aunt's estate. Here, Law360 looks at these and other new claims in the U.K.

  • June 28, 2024

    Venable's Real Estate Finance Group Gains Partner In NY

    Venable LLP has expanded its real estate finance group by hiring a New York-based partner from Nelson Mullins Riley & Scarborough LLP.

  • June 28, 2024

    Supreme Court Backs Oregon City's Anti-Camping Laws

    The U.S. Supreme Court upheld an Oregon city's anti-camping ordinances Friday against a challenge from homeless residents who allege the laws penalize them for being homeless.

  • June 27, 2024

    Freedmen Heir Has Standing In Land Leasing Row, Court Says

    A descendant of those enslaved by the Cherokee Nation can challenge the federal government's alleged restriction on funds from early 20th century land allotments, a D.C. Circuit judge said, arguing that she suffered a cognizable injury due to the Interior Department's failure to provide an accounting of the transactions.

  • June 27, 2024

    Texas Bank Moves For Partial Win In Ginnie Mae Loan Suit

    Texas Capital Bank told a federal judge that it's entitled to tens of millions of dollars in collateral on which it has a first-priority lien that it said Ginnie Mae wrongfully diverted to itself, and that the court has already addressed the issue that warrants partial summary judgment in its favor.

  • June 27, 2024

    Insurers Call Rite Aid Ch. 11 Opioid Deal Unfair

    Counsel for bankrupt drugstore chain Rite Aid told a New Jersey bankruptcy judge Thursday that it hopes to reach an agreement with at least some of its insurers on payments into an opioid settlement fund before closing arguments in its Chapter 11 plan confirmation Friday.

  • June 27, 2024

    NY Regulators Say Pot Companies' Bid Would Ruin Industry

    New York's cannabis authority has urged a state court to toss a lawsuit seeking to invalidate hundreds of retail permits over claims that the agency gave special treatment to certain applicants, arguing that granting such a request would be "financially ruinous" for many and detrimental to the "emerging retail cannabis industry."

  • June 27, 2024

    IRS To Offer Combined Filing For Energy Investment Credits

    The Internal Revenue Service will let clean energy project owners that are claiming investment tax credits for more than 200 facilities file the claims with a single form, an agency official said Thursday.

  • June 27, 2024

    4th Circ. Dismisses Chinese Currency Issues In $3.6M Award

    The Fourth Circuit on Thursday shut down an argument that enforcing a $3.6 million Hong Kong arbitral award would violate U.S. public policy by allowing the winning party to skirt Chinese currency controls, in a dispute stemming from the organization of a real estate development firm.

  • June 27, 2024

    NY Historic Building Rehab Tax Credits Apply Per Structure

    New York's $5 million tax-credit cap for rehabilitation projects of historic properties is applied on a per-structure basis even if multiple structures are included on a single application, the state Department of Taxation and Finance said in a declaratory ruling.

  • June 27, 2024

    Alaskan Land Trust Fight Remanded Over Misplaced Authority

    An Alaska federal judge has vacated and remanded a decision from the U.S. Department of the Interior to take a 787-square-foot piece of land in downtown Juneau into trust for an Alaskan tribal government, saying the agency relied on an aboriginal title factor already established in a law designed to settle the state's land claims.

  • June 27, 2024

    US Service Members Want Timeshare Class Action Certified

    A putative class of U.S. service members who borrowed timeshare loans pushed for class certification for their suit in Florida federal court against two timeshare companies, which were accused of violating the Military Lending Act by not making legally required disclosures about the loans and arbitration requirements.

  • June 27, 2024

    Fla. County Owes Tax To Other County, Fla. Justices Rule

    The Florida Supreme Court ruled Thursday that counties are not immune from being taxed on properties they own in other counties, affirming a decision that said Pinellas County cannot claim sovereign immunity to duck taxes on property it owns in neighboring Pasco County.

  • June 27, 2024

    Insurer Gets Early Win In $2.2M Texas Assault Coverage Suit

    A bar's insurer has no duty to cover a $3.2 million personal injury judgment beyond the insurer's $1 million policy limit, a Texas federal court ruled, rejecting arguments from the bar, its owner and underlying plaintiffs that the insurer unreasonably denied the plaintiffs' presuit settlement demand.

  • June 27, 2024

    Ex-Deputy Mayor Of Newark Pleads Guilty In Bribery Scheme

    A former deputy mayor of Newark, New Jersey, has admitted in federal court that he conspired with two business owners in a bribery scheme involving the acquisition and redevelopment of various city-owned properties, federal prosecutors said.

  • June 27, 2024

    Susan Sarandon Can Get Home Contractor's Bank Records

    A Massachusetts credit union must give Hollywood star Susan Sarandon some of the personal financial records of a contractor who she says failed to properly oversee construction of her $2 million sustainable home in Vermont, a federal magistrate judge ruled Wednesday.

  • June 27, 2024

    SEC Sues Fla. Loan Website, CEO Over 'Fictitious' Revenue

    A purported online lender and its CEO face U.S. Securities and Exchange Commission allegations that the company's reported revenue for certain periods was "a figment" of the CEO's imagination.

  • June 26, 2024

    Umpqua Bank Can't Undo Class Cert. In $300M Ponzi Suit

    Oregon-headquartered Umpqua Bank has lost its bid to partially decertify a class of investors suing it over claims that it aided and abetted a $300 million Ponzi scheme, and it also can't block those same investors from later seeking prejudgment interest in the case, a San Francisco federal judge has determined.

  • June 26, 2024

    Window Seal Maker Can't Nix Condo's Faulty Glass Panel Suit

    A Washington federal judge on Tuesday refused to free a window component maker from a lawsuit claiming it helped conceal defects in a Seattle condominium's windows, saying the court had personal jurisdiction because the alleged wrongdoing was characterized as a deliberate act that affected a large number of actual Washington consumers.

  • June 26, 2024

    Fla. Court Paves Way For $1B Miami Highway Expansion

    A Florida appeals court on Wednesday affirmed a decision overturning an administrative law judge's ruling against a $1 billion Miami-Dade County plan for a highway extension into wetlands and agricultural areas, paving the way for the controversial plan to move forward.

  • June 26, 2024

    States Say Revised EPA Water Rule Worse Than Original

    Two dozen states are seeking a quick win against the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and several Native American tribes in their suit challenging a revised rule defining the Clean Water Act's reach, saying it doesn't solve many problems found in the original rule.

  • June 26, 2024

    Colo. County's Short-Term Rental Regs Survive Challenge

    A Colorado federal court has upheld a county's ordinance limiting short-term rentals in residential areas, finding it doesn't violate the 14th Amendment's equal protection clause just because it doesn't apply in areas zoned for resorts.

  • June 26, 2024

    Conn. Firm Settles Suit Against Insurer Over Office Damage

    A Connecticut law firm and a real estate company on Wednesday agreed to drop a federal lawsuit accusing their insurer of failing to fully cover damage from a leak at their New Haven offices, less than two weeks after the insurer notified the court of a pending settlement, court records show.

  • June 26, 2024

    Choctaw Nation Wants 9th Circ. Rehearing In CVS Arb. Dispute

    The Choctaw Nation has asked the Ninth Circuit for a rehearing in an effort to undo the court's decision forcing it to arbitrate a dispute over prescription drug reimbursements with subsidiaries of CVS Health Corp., arguing it never waived sovereign immunity and did not agree to such proceedings on its Recovery Act claims.

  • June 26, 2024

    White House Unveils $1.8B In Transportation Grants

    U.S. Transportation Secretary Pete Buttigieg revealed on Wednesday that the agency had awarded $1.8 billion in grants for 148 transportation infrastructure projects across the country, as part of the Rebuilding American Infrastructure with Sustainability and Equity discretionary grants program.

Expert Analysis

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • What A Louisiana Ruling Means For Pipeline Crossings

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    After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.

  • A Look At New IRS Rules For Domestically Controlled REITs

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    The Internal Revenue Services' finalized Treasury Regulations addressing whether real estate investment trusts qualify as domestically controlled adopt the basic structure of previous proposals, but certain new and modified rules may mitigate the regulations' impact, say attorneys at Simpson Thacher.

  • What Lies Behind Diverging US And UK Insolvency Trends

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    Contrasting U.K. and U.S. insolvency trends highlight the importance of policy interventions in shaping consumer financial outcomes and economic recovery, and while the U.K.'s approach seems to have mitigated issues, the U.S. faces challenges exacerbated by economic conditions and policy transitions, says Thomas Curran at Thomas H. Curran Associates.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • How New Rule Would Change CFIUS Enforcement Powers

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    Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • 2nd Circ. Eminent Domain Ruling Empowers Municipalities

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    The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.

  • 8 Fla. Statutes That Construction Cos. Should Prepare For

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    In this article, Jason Lambert at Hill Ward discusses a number of recent bills out of the Florida Legislature targeting construction companies in the Sunshine State that have been sent to the governor for signature, at least some of which will have broad impacts that affected companies should prepare for ahead of the July 1 effective date.

  • Opinion

    Time To Fix NYC's Broken Property Assessment System

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    A New York appellate court's decision to revive Tax Equity Now New York v. City of New York may force the city to revamp its outdated and unfair real estate tax assessment system, which could be fixed with a couple of simple changes, says Seth Feldman at Romer Debbas.

  • How EB-5 Regional Centers Can Prepare For USCIS Audits

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    In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

  • Bankruptcy Ruling Shifts Lease Rejection Claim Calculation

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    A New York federal court’s recent ruling in In re: Cortlandt provides guidance on how to calculate a landlord's damages claim when a bankruptcy debtor rejects a lease, changing from an approach that considers the remaining rent due under the lease to one that considers the remaining time, say Bethany Simmons and Noah Weingarten at Loeb & Loeb.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Do Not Overstate Fla. Condo Termination Ruling's Impact

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    A close look at the unique language at issue in Avila v. Biscayne, in which a Florida appellate court deemed a condo termination to be invalid, shows that the case is unlikely to significantly affect other potential terminations, say Barry Lapides and Edward Baker at Berger Singerman.

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