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Real Estate
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April 01, 2024
SmartRent Workers Get Class Cert. In Unpaid OT Row
A Georgia federal judge has granted conditional class certification to a group of former and current employees of a smart home technology firm, who allege the company failed to compensate them correctly for overtime hours they worked.
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April 01, 2024
Gas Cos. Must Face State Law Claims In Contamination Row
Electricity and natural gas company WEC Energy Group Inc. can't dodge all claims by Illinois residents accusing the company and its subsidiary of conspiring with a public relations firm to hide the extent of natural gas contamination in an aquifer that provides drinking water, an Illinois federal judge ruled Sunday.
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April 01, 2024
Staten Island Firm Must Face Hostile Work Environment Claim
A New York federal judge has partially dismissed an employment discrimination suit against a State Island law firm, nixing discrimination and retaliation claims brought by a Black former office manager while allowing claims over the firm's allegedly hostile work environment to proceed to trial.
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April 01, 2024
Mass. Justices Puzzle Over Standard For Zoning Appeal Bond
Massachusetts' highest court on Monday grappled with whether developers in Boston must show that project opponents are acting in bad faith in order to obtain an appeal bond, as they now must do elsewhere in the state since a 2022 holding in a suburban affordable housing challenge.
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April 01, 2024
Trump Urges 11th Circ. To Revive $475M CNN Defamation Suit
Donald Trump has asked the Eleventh Circuit to revive a $475 million defamation lawsuit the former president filed against CNN, alleging the network spent years "wrongfully Hitlerizing" him by calling his challenges to the 2020 election results his "Big Lie."
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April 01, 2024
Ore. Tax Court Upholds Nursing Home's $10.6M Valuation
The owner of an Oregon nursing home did not present enough evidence to change the $10.6 million valuation found by a local assessor, the state tax court said.
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April 01, 2024
High Court Won't Hear Mass. Residents' Tribal Land Dispute
The U.S. Supreme Court on Monday denied a petition by a group of Massachusetts residents seeking to reverse a ruling that allowed the Department of the Interior to take 321 acres into trust for the development of a billion-dollar tribal hotel and casino.
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March 29, 2024
Silicon Valley Co. Planning New City Can Sue Landowners
A California federal judge has refused to throw out a suit claiming that landowners conspired to drive up the cost of land in Solano County near Sacramento as a mysterious entity backed by Silicon Valley bigwigs attempted to buy up land to build a brand new, sustainable city.
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March 29, 2024
Weed Investors' Money Shift Cost Co. Millions, Suit Says
A Michigan entrepreneur has hit his ex-partner with a $5 million lawsuit, accusing him of wrecking plans to buy a 10-acre marijuana grow facility near Ann Arbor by poaching the lead investors so he could fund his own Colorado cultivation.
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March 29, 2024
Judge Won't Stop Immigration Fee Hikes From Taking Effect
A Colorado federal judge refused Friday to temporarily halt upcoming immigration fee hikes, saying the $5,775 increase the EB-5 investor will pay is a drop in the bucket compared to the plaintiff's $500,000 capital investment.
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March 29, 2024
Real Estate Authority: Investment Bans, Extreme Heat, CRE
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 the legal patchwork of state actions barring foreign investment in real estate, the extreme threat presented by extreme heat, and the $870 billion in commercial real estate debt about to come due.
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March 29, 2024
NY Bar Assoc. Building Owner Says Ch. 11 Filings Legit
The company that controls the historic New York County Lawyers Association Building in Manhattan has asked a New Jersey bankruptcy judge to reject a lender's motion to dismiss its Chapter 11 proceedings, asserting that the cases were not merely filed to halt a foreclosure sale.
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March 29, 2024
Mass. Tax Board Won't Lower Value Of Boston House
A Boston home was correctly assessed, the Massachusetts Appellate Tax Board said in a decision published Friday, finding that an analysis of nearby homes failed to show it was overvalued.
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March 29, 2024
Flint Residents Can't Show Profit From Hasty Water Rate Hike
Residents challenging the city of Flint's rushed implementation of higher water and sewage rates couldn't show how the city unjustly profited from the change or whether the increased rate was unreasonable, a Michigan appellate panel said in upholding the dismissal of the residents' suit.
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March 29, 2024
Feds, Energy Cos. Clash Over Osage Wind Farm Damages Trial
The U.S. government and Enel Green Power North America Inc. are both pushing to shape a damages trial set for May after a federal judge ordered the ejectment of more than 80 wind turbines the companies installed on Osage Nation land in Oklahoma without required mineral leases.
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March 29, 2024
Atty Called A Flight Risk In $1.3 Billion Tax Fraud Case
An attorney serving a 23-year prison sentence for tax fraud in a $1.3 billion conservation easement scheme is a flight risk and should remain in federal custody while he waits for his appeal, the government told a Georgia federal court Friday.
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March 29, 2024
Md. House OKs Tax Breaks For Residential Projects
Local governments in Maryland could grant property tax credits for certain hotel and residential developments that include affordable housing under legislation approved Friday by the state House of Delegates.
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March 29, 2024
Tenant Screener To Pay $2.2M Over Race Bias Claims
A tenant screening company has reached a settlement in Massachusetts federal court to end claims brought by a class of housing applicants who alleged its practices disproportionately exclude Black and Hispanic renters.
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March 29, 2024
Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal
In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.
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March 28, 2024
White House Directs Agencies To Install AI Risk Safeguards
The White House on Thursday issued a new directive requiring all federal agencies to address safety and civil rights risks in their use and procurement of artificial intelligence in an array of settings, including conducting screenings at airports and making decisions affecting Americans' healthcare, employment and housing.
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March 28, 2024
Fla. Judge Axes Club Owners' Suit 'Intended For The Media'
A Florida federal judge has dismissed a complaint brought by two Little Havana businessmen against top-level Miami officials over weaponizing city resources against them for supporting a local political candidate, saying the lawsuit appeared to be "intended for the media" and needs to be refiled without errors.
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March 28, 2024
8th Circ. Won't Revive Fannie, Freddie Investors' FHFA Suit
The Eighth Circuit on Thursday refused to revive Fannie Mae and Freddie Mac investors' suit alleging the Federal Housing Finance Agency's leadership and financial deals violated the U.S. Constitution, saying the investors failed to show how they were harmed by the now-upended restrictions on removing the agency's director.
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March 28, 2024
PE Group Seeks $32.4M In Serbia Real Estate Arbitration
A group of companies in Cyprus and an associated Rand Investments Ltd. executive that are entangled in international arbitration over allegations that Serbia expropriated real estate in Belgrade have argued that Serbia owes them €30 million ($32.4 million) for their share of the land's value.
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March 28, 2024
DOJ, FTC Weigh In On Another Pricing Algorithm Case
The U.S. Department of Justice and the Federal Trade Commission intervened in another alleged algorithmic collusion case Thursday with a statement of interest arguing that Atlantic City casino-hotels can't duck room rate price-fixing allegations simply by arguing there's no evidence they communicated directly or that pricing recommendations were binding.
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March 28, 2024
Ga. Airbnb Owner Must Face Suit Over Off-Property Injury
A woman who was injured by a falling limb outside an Airbnb in Savannah, Georgia, has had part of her suit revived by a state appeals court, which found that the rental owner could be liable for the injury because it occurred on an "approach" to his property though not directly on it.
Expert Analysis
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5 Securities Litigation Issues To Watch In 2024
There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.
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A Look At Consumer Reporting In 2023, And What's To Come
The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.
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Growing Green Tech Demand Spells Trouble For Groundwater
Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.
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Series
ESG Around The World: South Africa
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.
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3 Power Rulings Change Outlook For Transmission Cos.
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.
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How New Fla. Condo Law Will Affect Owners' Finances
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.
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4 Legal Ethics Considerations For The New Year
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.
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Environmental Justice: A 2023 Recap And 2024 Forecast
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.
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What The Law Firm Of The Future Will Look Like
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.
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The Year Ahead In Foreign Investment And National Security
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.
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4 PR Pointers When Your Case Is In The News
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.
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Sale-Leasebacks May Provide A Safe Financing Alternative
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.
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5 Recent Developments Family Offices Are Watching In 2024
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.
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A Challenging CRE Environment Holds Opportunities In 2024
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.
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Law Firm Strategies For Successfully Navigating 2024 Trends
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.