Real Estate

  • September 26, 2024

    Healthcare REIT Defeats Investor Suit For Good

    An Alabama federal judge on Thursday permanently tossed an investor suit against a healthcare-focused real estate investment trust, Medical Properties Trust Inc., that alleged the trust hid the poor performance of four acute care hospitals it owns in Pennsylvania, saying the plaintiff's asserted theory in the suit "is somewhat Jekyll and Hyde."

  • September 26, 2024

    Pa. Supreme Court Upholds Taxes On Like-Kind Exchanges

    A group of Pennsylvania real estate partners owe the state personal income tax assessed on their like-kind exchange, Pennsylvania's highest court ruled Thursday, with the majority upholding a lower court finding that the state Department of Revenue correctly issued the assessment.

  • September 26, 2024

    Colo. Property Tax Deferral Program Could Balloon, Panel Told

    Use of a property tax deferral program in Colorado is expected to rise under a recent legislative change opening it to nearly all property owners, the state's treasurer told a legislative commission Thursday, calling the extent of the program's growth difficult to predict.

  • September 26, 2024

    Feds Send Message To Adams' City Hall: Buckle Up

    The seizure of another of New York City Mayor Eric Adams' phones ahead of his corruption indictment Thursday and a prosecutor's cryptic vow to "hold more people accountable" suggest the landmark case may only just be getting started, experts say.

  • September 26, 2024

    Judge Says DOI Didn't Satisfy Cherokee Accounting Duties

    A D.C. federal judge ruled that the U.S. government has not fulfilled its duty to provide the Cherokee Nation with a full accounting of its assets held in federal trust, handing a win to the Oklahoma-based tribe after five years of litigation.

  • September 26, 2024

    Pa. Justices Reject New Tax Hearing For Charter School

    The Pennsylvania Commonwealth Court erred in sending a charter school's retroactive property tax appeal back to a county board, because the charter school had failed to exhaust statutory remedies, the state Supreme Court ruled Thursday.

  • September 26, 2024

    Ga. Judge Halts Election Over Sapelo Island Zoning Change

    A Georgia state judge pulled the plug on a special election Gullah Geechee residents of Sapelo Island initiated to try to overturn a McIntosh County zoning change that more than doubled the size of dwellings allowed in their Hogg Hummock community.

  • September 26, 2024

    US Census, Osage Nation Sign Info Sharing Agreement

    The U.S. Census Bureau and the Osage Nation signed an agreement to share the federally recognized Oklahoma tribe's aggregated administrative data in an effort to provide a more accurate picture of Indian Country and its needs.

  • September 26, 2024

    4th Circ. Hints Rocket Mortgage Class Cert. Is On Shaky Ground

    The Fourth Circuit on Thursday seemed skeptical that all potential class members who accused Rocket Mortgage of inflating their home values could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion, putting the lower court's certification order on rocky footing.

  • September 26, 2024

    Conn. Atty's Suit Against Willkie Partner Tossed

    A Connecticut state court has dismissed a solo practitioner's lawsuit that alleged a partner at Willkie and his wife abused the court process by suing him over his contribution to an unflattering New York Post story about the couple.

  • September 26, 2024

    NJ Atty Rips AG For 'Grossly Distorted' Power Broker Case

    A New Jersey attorney charged in the state's sweeping indictment against power broker George E. Norcross III accused the Attorney General's Office on Thursday of "attempting to criminalize the routine practice of law" with its charges against him.

  • September 25, 2024

    Developer's NorCal Spree Ends With Fraud Claims In Ch. 11

    Northern California real estate company LeFever Mattson stockpiled more than $400 million in real estate, including several local landmarks in a small town north of San Francisco. The firm now seeks bankruptcy protection amid claims following an alleged scheme by one executive to pocket millions by selling bunk equity stakes to investors.

  • September 25, 2024

    Basel Edits 'Encouraging' But Incomplete, Republicans Say

    House Republicans signaled at a Wednesday hearing that they want further softening of federal banking regulators' so-called Basel III endgame proposal for tougher big-bank capital requirements, casting recently floated potential changes as insufficient to ensure the plans won't pose an economic threat.

  • September 25, 2024

    Cherokee Nation Asks Court To Reject Descendant Rehearing

    The Cherokee Nation has asked a D.C. federal judge to deny a request by a descendant of persons of African descent, who were once enslaved by the tribe, for a rehearing after the court threw out her bid for $90 million in damages.

  • September 25, 2024

    3 NJ Attys Charged With Bank Fraud In Short-Sale Scheme

    A trio of attorneys and a real estate agent have been criminally indicted on bank fraud charges on allegations they participated in a yearslong scheme to defraud financial institutions in connection with short-sale transactions of residential properties in New Jersey, the U.S. Attorney's Office for the District of New Jersey announced Wednesday.

  • September 25, 2024

    Suit Over Fla. Law Restricting Foreign Land Buys Paused

    A Florida federal judge on Wednesday paused a challenge to a Florida law that restricts land purchases of Chinese citizens and others, saying it was prudent to wait to see what the Eleventh Circuit does with a similar challenge that has already been argued before the appeals court.

  • September 25, 2024

    Navajo Nation Inks $31M Deal With Bitco For Veteran Housing

    The Navajo Nation said it has signed a $31 million contract with tribally owned Bitco Corp. to build 95 homes for Navajo veterans, using funds provided by President Joe Biden's American Rescue Plan Act.

  • September 25, 2024

    Developer Says Minn. City Made Rule To Block Mosque

    A developer and its Muslim founders claimed in federal court that Islamophobia motivated Lino Lakes, Minnesota, and several of its lawmakers to approve a moratorium that blocked the construction of a mixed-use development project that featured a mosque.

  • September 25, 2024

    Fla. Condo's Irma Suit Dismissed After Settlement With Insurer

    A Florida federal court on Wednesday dismissed a lawsuit brought by a Fort Myers Beach condominium association after it settled with an insurance company for an appraisal award that was allegedly owed for damage caused by Hurricane Irma in 2017.

  • September 25, 2024

    Pa. Panel Says Misspellings Don't Sink Service Of Tax Notice

    The misspelling of a landowner's name on a notice of an impending tax sale did not prevent the owner from understanding their property would be auctioned off to cover unpaid taxes, a Pennsylvania appellate court ruled Wednesday.

  • September 25, 2024

    10th Circ. To Hear Arguments In Utah Monument Row

    A Tenth Circuit panel will hear arguments on Thursday in a dispute over President Joe Biden's redesignation of 1.4 million acres of land in Utah that reclaimed the Bears Ears National Monument.

  • September 25, 2024

    Accountant Used Fake Tax Docs For Mortgage, Feds Say

    A managing director at consulting firm Alvarez & Marsal was charged in D.C. federal court with failing to file his personal tax returns for over a decade and falsifying tax documents as part of a mortgage application.

  • September 25, 2024

    Seattle Suburb Settles Biz Group's Suit Over Pro-Tenant Rules

    A business group agreed to drop a lawsuit after a Seattle suburb backed off a pair of recently passed rules setting up just cause eviction protections and banning "abusive and deceptive" practices among landlords, even as the city kept other policies favoring tenants in effect.

  • September 25, 2024

    11th Circ. Weighs Sovereignty In Ala. Burial Ground Fight

    An Eleventh Circuit judge on Wednesday described a lower court's ruling in a dispute between two tribes over an ancient Alabama burial site as problematic, arguing that it failed to evaluate sovereign immunity status on a claim-by-claim basis and instead lumped it together, against precedent.

  • September 25, 2024

    Marriott Gets $8M Default Win In TM Robocall Scam Case

    A Virginia federal judge has granted Marriott International Inc. the maximum damages that the law allows for the company's trademark infringement claims against a pair of Mexican firms it accused of using its "Marriott Marks" for a robocall scam, ending the claims with an $8 million default judgment.

Expert Analysis

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.

  • How Retail Tenants Can Avoid Paying Rent Prematurely

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    When negotiating leases for spaces in shopping centers, retail tenants should ensure that the language specifies they only need to begin paying rent when the center is substantially occupied as a whole, as it can be difficult to modify leases that are executed without co-tenancy requirements or termination rights, say Joshua Bernstein and Benjamin Joelson at Akerman.

  • Tips For Orgs Defending Against Daniel's Law Claims

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    With Daniel's Law recently amended to require courts to award statutorily defined damages to aggrieved parties, organizations should identify whether they are subject to the law and ensure they have implemented a comprehensive compliance program to better avoid litigation costs and reputational harm, say attorneys at Thompson Hine.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Illinois EV Charging Act Sparks Developer Concerns

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    A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • What NAR Settlement Means For Agent Commission Rates

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    If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.

  • Opinion

    New Mexico Fire Victims Deserve Justice From Federal Gov't

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    Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.

  • Opinion

    $175M Bond Refiled By Trump Is Still Substantively Flawed

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    The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

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