Residential

  • February 20, 2024

    Justices Give Feds Time In Texas, Fla. Social Media Law Fights

    The U.S. Supreme Court has set aside time for the federal government to weigh in on looming oral arguments in cases to determine the constitutionality of controversial Texas and Florida laws that restrict social media companies' ability to curb users' speech.

  • February 20, 2024

    Law Firm Wins Unredacted Deal Info In NJ Malpractice Fight

    A law firm has prevailed in a discovery battle against a sibling duo suing it for malpractice in New Jersey state court with a ruling that the plaintiffs must provide unredacted info about the settlement they reached in the underlying suit that the firm allegedly mishandled for them.

  • February 20, 2024

    Frost Brown Adds Real Estate Litigators From Spencer Fane

    Frost Brown Todd LLP announced Tuesday that it has strengthened its real estate practice group with a pair of energy-savvy litigators in Dallas who came aboard from Spencer Fane LLP.

  • February 20, 2024

    High Court To Skirt Rent Stabilization Probe, For Now

    The U.S. Supreme Court declined to probe two challenges to specific aspects of New York's rent stabilization law Tuesday after refusing to hear a facial challenge to the same law in September, but left the door ajar for future litigation.

  • February 20, 2024

    Justices Won't Review Partnership's $26M Easement Row

    The U.S. Supreme Court declined Tuesday to hear a partnership's bid to keep a $26.5 million deduction for a land conservation easement, letting stand a decision that the case was barred by a law that prohibits suits that restrain the collection of taxes.

  • February 20, 2024

    Winstead Taps 6 For Shareholder Positions In Texas, NC

    Winstead PC has announced that six attorneys have been named as shareholders in its Austin, Dallas and Charlotte, North Carolina, offices.

  • February 16, 2024

    NYCB Brass Face Investor Suit Over Signature Bank Takeover

    Executives and directors of New York Community Bank were named in a new shareholder derivative suit, adding to the growing list of litigation the bank and its leaders are facing over the fallout from its acquisition of Signature Bank's assets last year.

  • February 16, 2024

    PNC Bank Defeats Customer's Suit Over Fraudulent Transfer

    A Pennsylvania federal judge on Friday tossed the two remaining claims in a suit alleging PNC Bank NA misled a California-based customer about stopping a money transfer to a scammer, saying the bank did not breach the account-holder agreement when it tried to recover the customer's funds.

  • February 16, 2024

    Cavco Exec's Insider Trading Case Paused Pending SEC Deal

    An Arizona federal judge on Friday paused the U.S. Securities and Exchange Commission's insider trading case against a former executive from modular home manufacturer Cavco Industries Inc. after the two sides reached a settlement in principle on the agency's 2017 claims.

  • February 16, 2024

    Condo Co., Insurer Settle Proposed Class Action Coverage

    A Miami condominium, its former management company and various insurers agreed to settle coverage for a proposed class action accusing the condominium companies of allowing the building to deteriorate, a Florida federal judge said Friday, staying the coverage litigation while the parties finalize the deal.

  • February 15, 2024

    NY Judge OKs Brownfield Tax Credits For Capitalized Costs

    A brownfield developer can claim New York's brownfield redevelopment tax credit on capitalized costs related to water main improvements at the site, an administrative law judge said in a determination released Thursday.

  • February 15, 2024

    NYers Sue City To Push Housing Voucher Program Expansion

    A proposed class of New Yorkers have sued Mayor Eric Adams and the city in state court seeking to force the implementation of a set of laws aimed at expanding the City Fighting Homelessness and Eviction Prevention Supplement housing voucher program.

  • February 15, 2024

    Real Estate Rumors: Brause Realty, Microsoft, AcadeMir

    A Brause Realty venture has reportedly scored $75 million in financing for a New York mixed-use project, Microsoft is said to have paid roughly $17.7 million for nearly 300 acres in Minnesota, and AcadeMir Charter Schools has reportedly paid $16.6 million for a Florida property.

  • February 15, 2024

    Ex-Atty Who Lied To Grand Jury About Frauds Gets 6.5 Years

    A Manhattan federal judge sentenced a disbarred lawyer to six and a half years in prison Thursday for his 14-year, $17 million real estate Ponzi scheme, for laundering insurance scam proceeds and for his "unheard of" step of lying to a grand jury.

  • February 15, 2024

    Ariz. Panel Votes To Put Public Nuisance Tax Credits On Ballot

    Arizona property owners impacted by deemed public nuisances that local governments fail to address, which would include homelessness, could qualify for tax refunds from the state if voters approve a ballot measure advanced by a House panel.

  • February 15, 2024

    9th Circ. Backs Homeowners' Cert. In Allstate Overcharge Suit

    Allstate will have to face a class action accusing it of artificially inflating home insurance premiums for thousands of California properties by double-counting built-in garage space, a Ninth Circuit panel ruled, affirming a lower court's decision.

  • February 15, 2024

    Peer Street Hits Back Against Ch. 7 Conversion Efforts

    Bankrupt real estate investment firm Peer Street Inc. hit back at creditors' motions to convert its case to a Chapter 7 liquidation, saying to the Delaware bankruptcy court that conversion would torpedo its restructuring plan, which has the support of secured creditors and the unsecured creditors committee.

  • February 15, 2024

    Manhattan Landlord Settles Short-Term Rental Claims

    A Manhattan landlord agreed to pay $514,000 to settle a New York state agency's claims accusing him of illegally advertising several of his rent-regulated apartments on the BlueGround short-term rental platform, Gov. Kathy Hochul announced Wednesday.

  • February 15, 2024

    Greenberg Traurig Adds 2 Real Estate Experts From DLA Piper

    Greenberg Traurig LLP has brought on two seasoned DLA Piper construction law experts as its newest shareholders, adding them to the firm's Atlanta office in what Greenberg Traurig called a "strategic move to enhance its full-service, industry-leading real estate capabilities."

  • February 14, 2024

    FinCEN Head Vows No 'Gotcha' Enforcement Of New Rules

    The director of the U.S. Treasury Department's Financial Crimes Enforcement Network said during a Wednesday congressional hearing that the agency is not pursuing "gotcha" enforcement when it comes to companies complying with new rules for reporting their beneficial ownership information.

  • February 14, 2024

    NY Reps Probe Pro-Housing Certification Amid Budget Talks

    New York state legislators have questioned Gov. Kathy Hochul's proposal to condition access to $650 million in state funding programs on municipalities' ability to obtain a "pro-housing certification," calling the program both aspirational and punitive in a Wednesday hearing.

  • February 14, 2024

    NJ Law Firm Beats Malpractice Claims Over Real Estate Deal

    A New Jersey state appeals court on Wednesday refused to revive legal malpractice claims against a law firm over its involvement in a botched real estate transaction, ruling that the lack of an expert report doomed the lawsuit because the claims were too intricate to be common knowledge.

  • February 14, 2024

    Hawaii Bill Barring Foreigners From Land Deals Moves Ahead

    A bill introduced in Hawaii last month that aims to ban foreigners from buying real estate in the Aloha State passed through a second Senate committee session this week, but the legislation might be tweaked in the coming months to address legal concerns raised by the state's attorney general.

  • February 14, 2024

    Insurer Needn't Defend Landlord From Antitrust MDL

    A Washington state judge has ruled in favor of an insurer in a coverage dispute revolving around nearly 40 antitrust class action claims against landlords that have been combined into a multidistrict litigation case, finding that the insurer owes no defense coverage to an accused property manager.

  • February 14, 2024

    Activist Group Targets Ala. Real Estate Board's Minority Quota

    An activist nonprofit organization sued Alabama Gov. Kay Ivey over the requirement that the state's real estate appraisal board include at least two members of a minority race, arguing that the quota is unconstitutional.

Expert Analysis

  • Assessing The Future Of Colorado's Economic Loss Rule

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    The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.

  • How Recent Laws Affect Foreign Purchase Of US Real Estate

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    Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.

  • What Shareholder Approval Rule Changes Mean For Cos.

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    The U.S. Securities and Exchange Commission recently approved proposed rule changes to shareholder requirements by the New York Stock Exchange, an approval that will benefit listed companies in many ways, including by making it easier to raise capital from passive investors, say attorneys at Baker Botts.

  • High Court Case Could Reshape Local Development Fees

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    If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.

  • White Collar Plea Deals Are Rarely 'Knowing' And 'Voluntary'

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    Because prosecutors are not required to disclose exculpatory evidence during plea negotiations, white collar defendants often enter into plea deals that don’t meet the U.S. Supreme Court’s “knowing” and “voluntary” standard for trials — but individual courts and solutions judges could rectify the issue, says Sara Kropf at Kropf Moseley.

  • How 2 CFPB Advisory Opinions Affect Reporting Agencies

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    The Consumer Financial Protection Bureau issued two advisory opinions last month that demonstrate a continued commitment to address inaccuracies in background check reports and consumer file disclosures through broad interpretation of the Fair Credit Reporting Act, expanding on a coordinated federal agency effort, say attorneys at Cooley.

  • Algorithmic Pricing Programs Caught In Antitrust Crosshairs

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    The Justice Department's investigation into software company RealPage follows a host of federal antitrust cases alleging that property owners and casino hotel operators use the same proprietary software programs to fix and maintain pricing, which means algorithmic pricing programs are considered a key price-fixing tool in the digital age, say attorneys at Ballard Spahr.

  • A Welcome Turning Of The Page For Residential Real Estate

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    After one of the most challenging years on record for residential real estate, 2024 will likely be a time of transition to a stabler business climate, as sellers lose some of their excess bargaining power and the pace of sales picks up, says Marty Green at Polunsky Beitel.

  • Strict Duty To Indemnify Ruling Bucks Recent Trend

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    A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

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    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • NJ Foreclosure Law Will Have Multifaceted Impact On Lenders

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    New Jersey's A.B. 5664 introduces significant reforms to foreclosure proceedings in the state, potentially lessening the burden on lenders and servicers to maintain foreclosed properties, but also brings new limitations and time frames, say Christina Livorsi and Wael Amer at Day Pitney.

  • 11 Noteworthy CFPB Developments From 2023

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    Under Rohit Chopra’s leadership, 2023 was an industrious year for the Consumer Financial Protection Bureau, with developments including the release of the proposed personal financial data rights rule, publication of proposed rules involving public registries for nonbanks and the bureau's continuous battle against junk fees, all of which are sure to further progress in 2024, say attorneys at Husch Blackwell.

  • Insured Takeaways From 10th Circ. Interrelated Claims Ruling

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    The Tenth Circuit's recent ruling in American Southwest Mortgage v. Continental Casualty that multiple claims arising from consecutive audit years were interrelated — and thus subject to a per claim limit — creates a concerning precedent for policyholders, so companies should negotiate relevant policy language, says Michael Stockalper at Saxe Doernberger.