Real Estate

  • June 24, 2021

    GAO Won't Rethink Ending VA Lease Award Protest

    The U.S. Government Accountability Office refused to rethink its dismissal of a protest to a U.S. Department of Veterans Affairs lease award, saying the department's decision to reevaluate the proposals rendered the protest academic.

  • June 24, 2021

    Full 6th Circ. Won't Revisit Mich. Tribal Reservation Ruling

    The Sixth Circuit has refused the Little Traverse Bay Bands of Odawa Indians' bid to have the full court rehear a panel's decision that an 1855 federal treaty didn't create a reservation for the tribe in Michigan.

  • June 24, 2021

    NJ Assembly Passes Real Estate COVID Immunity Bill

    The New Jersey General Assembly on Thursday unanimously passed bipartisan legislation that would bar lawsuits over the spread of COVID-19 at real estate developments through the end of the year as long as warning signs are placed at the entrances of pools, gyms and other communal spaces.

  • June 24, 2021

    Goldman Sachs Unit Sued For $54M Over Ruby Tuesday Deal

    A developer's suit claiming $54 million in damages against a Goldman Sachs investment unit because of a failed lease deal with Ruby Tuesday Inc. has been removed to Tennessee federal court as the parties fight over a historic lodge on the Maryville College campus.

  • June 24, 2021

    Senate Confirms Carnahan As GSA Administrator

    The U.S. Senate has confirmed former Missouri Secretary of State Robin Carnahan to lead the U.S. General Services Administration, where she has promised to improve digital infrastructure across the government.

  • June 24, 2021

    Skanska Wants Coverage For Subcontractor Damage

    Construction and development company Skanska USA has asked a Texas federal court to hold a subcontractor's insurers liable for water damage to a San Antonio retirement home project.

  • June 24, 2021

    Kossoff Previews 5th Amendment Discovery Defense

    Counsel for Manhattan real estate attorney Mitchell Kossoff said Thursday that his client would assert his Fifth Amendment privilege on a case-by-case basis as a bankruptcy trustee continues to seek documents pertaining to his dissolved firm, Kossoff PLLC. 

  • June 24, 2021

    Feds Say Oil And Gas Lease Injunction Doesn't Stop Wyo. Suit

    The federal government wants to continue its fight with Wyoming over the Biden administration's decision to pause new federal oil and gas lease sales despite a nationwide preliminary injunction blocking the administration's action issued by a Louisiana federal judge. 

  • June 24, 2021

    Shumaker Adds Real Estate Partner In South Carolina

    Shumaker Loop & Kendrick LLP has added a partner specializing in commercial real estate to its Charleston, South Carolina, office.

  • June 24, 2021

    FERC Defends Virginia Gas Pipeline Approval

    The Federal Energy Regulatory Commission has urged the D.C. Circuit not to review its approval of a natural gas pipeline project, denying that it violated environmental and federal historic preservation laws — and adding that the "frustrations" of Native American tribes don't rise to the level of agency infractions.

  • June 24, 2021

    Real Estate Rumors: BTI, MetLife, Life Storage

    A BTI Partners venture has reportedly paid $11 million for a Florida development site, MetLife Investment Management is said to have loaned $65 million for two Dallas-area apartment complexes and Life Storage has reportedly dropped $21.59 million on a Florida self-storage property.

  • June 24, 2021

    Rising Star: Mintz's Kelly L. Frey

    Kelly Frey of Mintz Levin Cohn Ferris Glovsky and Popeo PC has litigated cases across a broad spectrum of matters related to commercial real estate and government regulation, including the first case establishing commercial landlords' rights against tenants protected by Massachusetts' COVID-19 eviction moratorium, earning him a spot among the real estate lawyers under age 40 honored by Law360 as Rising Stars.

  • June 24, 2021

    CDC Makes Final Residential Eviction Moratorium Extension

    The Centers for Disease Control and Prevention on Thursday extended its moratorium on residential evictions for one month, but said it expects the latest extension to be its last.

  • June 24, 2021

    Bailey Brauer Adds Ex-Locke Lord Corporate Litigator

    Bailey Brauer PLLC has added a corporate litigator previously with Locke Lord LLP as a partner in its Dallas office, the boutique firm has announced.

  • June 23, 2021

    Tenants In 1M Stabilized NYC Apartments Face Rent Increase

    New Yorkers who live in the city's nearly 1 million rent-stabilized apartments will face rent increases as soon as this fall, though they can opt for a six-month delay under unusual terms adopted Wednesday by the city's nine-member Rent Guidelines Board.

  • June 23, 2021

    Wells Fargo Asks Full 9th Circ. To End Oakland Loan Bias Suit

    Wells Fargo on Wednesday urged the full Ninth Circuit to end Oakland's Fair Housing Act lawsuit alleging the bank targeted minority residents with predatory home loans that hurt property tax revenue, arguing that the city can't show it was harmed because "more foreclosures mean more money for the city, not less."

  • June 23, 2021

    Judge Trims Investors' Claims In Revamped Grenfell Fire Suit

    A Pennsylvania federal judge on Wednesday pared down claims from a group of Arconic Inc. investors that the company artificially boosted its stock price with misleading statements about the safety of insulating panels that were later implicated in London's fatal Grenfell Tower fire.

  • June 23, 2021

    Gov't Can't Recoup Taxes Ahead Of Man's Lien, Justices Told

    The Ninth Circuit wrongly found that the government could recoup a former attorney's unpaid taxes by circumventing his father's entitlement to the outstanding principal and interest in a home equity loan, the father told the U.S. Supreme Court. 

  • June 23, 2021

    NBA Owner Says $1.5B Sale Merits 'Champagne,' Not Lawsuit

    Billionaire Glen Taylor is urging a federal judge not to block his proposed $1.5 billion sale of the Minnesota Timberwolves and Lynx basketball teams to Alex Rodriguez and entrepreneur Marc Lore, saying the minority owner contesting the deal should be thanking him instead.

  • June 23, 2021

    Rent Abatement Clause Frequency Up Nearly 50% Since 2019

    The use of rent abatement clauses in commercial leases has jumped by nearly 50% since 2019 as tenants and landlords continue to spar over the question of how the COVID-19 pandemic factors in, while pandemic-related force majeure clauses are also on the rise, according to Practical Guidance.

  • June 23, 2021

    Home Finance Startup Lower Raises $100M In Series A Round

    Digital home financing startup Lower said Wednesday it brought in $100 million in its first round of outside institutional financing since the company's 2014 founding.

  • June 23, 2021

    Hotel-Owning REIT Approved For $1.3B Ch. 11 Restructuring

    Hospitality Investors Trust Inc. received court approval Wednesday in Delaware for its Chapter 11 restructuring plan that will rework the company's $1.3 billion in debt and provide new liquidity to help the business's 100 hotel properties survive in a post-pandemic world.

  • June 23, 2021

    Real Estate Rumors: City National, Felix Cabrera, Ana Bigott

    City National Bank of Florida has reportedly loaned $22.5 million for a Florida mixed-use project, restaurant owner Felix Cabrera is said to have leased 15,000 square feet in Manhattan, and a group of developers including Florida-based investor Ana Bigott is reportedly hoping to build 850,000 square feet of warehouse space in Miami-Dade County.

  • June 23, 2021

    Rising Star: Kramer Levin's Josh Winefsky

    Josh Winefsky of Kramer Levin Naftalis & Frankel LLP has negotiated huge casino, hospitality and retail space transactions while also guiding clients through the high-stakes world of New York City luxury condominium development, netting him a spot among the real estate attorneys under age 40 honored by Law360 as Rising Stars.

  • June 23, 2021

    Mayorkas Can't Fix Trump-Era EB-5 Rule, Court Says

    A California court struck down a Trump-era rule nearly doubling the investment requirements for the EB-5 investor visa, saying it was enacted by an improperly appointed official and that the Biden administration's attempts to cure the process can't salvage it.

Expert Analysis

  • Opinion

    Justices' FHFA Ruling Is Small Step In A Dangerous Direction

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    The U.S. Supreme Court's ruling this week in Collins — stripping the Federal Housing Finance Agency director of removal protections — fails to consider the dangerous possibility that a president with complete control over the executive branch could dictate policies undermining the rule of law, and democracy itself, says David Driesen at Syracuse University.

  • Voluntary CFIUS Filings May Limit Uncertain Outcomes

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    Attorneys at DLA Piper outline key considerations U.S. businesses should consider when deciding whether to voluntarily notify the Committee on Foreign Investment in the United States of transactions, in order to avoid unexpected governmental review and intervention.

  • Navigating Inadvertent Attorney-Client Privilege Waivers

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    Spencer Fane’s Deena Duffy offers tips for identifying accidental privilege waivers based on local and federal rules, and for interpreting recent case law when such rules are unclear.

  • Challenges Facing California's Proposed Coastal Property Law

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    A proposed California law that would allow cities to buy coastal properties and rent them back to homeowners is a conceptually sound course of action to prepare for rising sea levels, but the planned voluntary acquisition program may encounter some obstacles, say Bradford Kuhn and Raven McGuane at Nossaman.

  • Goldman Ruling Is A Boon For Class Action Defendants

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    In a broad win for class action defendants, the U.S. Supreme Court’s ruling Monday in Goldman Sachs v. Arkansas Teacher Retirement System could serve as a mandate to courts to consider all relevant evidence at the class certification stage, even if the same evidence is also relevant to a merits question, say attorneys at Skadden.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • Opinion

    Justices Should Acknowledge ESG's Importance To Investors

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    In Goldman Sachs v. Arkansas Teacher Retirement System, the U.S. Supreme Court should reject Goldman's argument that its commitments to act with integrity were immaterial, and recognize the increasing weight of environmental, social and governance issues in investors' decision making, say attorneys at Motley Rice.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • NY Solar Project Order Creates Uncertainty For Developers

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    A recent New York Public Service Commission order ending the requirement for separate deeds for tariff-supported solar projects is a major departure from the commission's prior orders, and raises new compliance and permitting questions for developers, say Kimberly Nason and Kaitlin Vigars at Phillips Lytle.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • 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.

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