Real Estate

  • March 25, 2025

    Colo. Atty Gave $2M Mineral Rights To Other Client, Suit Says

    The special district for a Colorado residential community has sued its former lawyer and firms White Bear Ankele Tanaka & Waldron PC and Spencer Fane LLP for malpractice, claiming the attorney failed to secure its mineral rights, instead executing a deal that favored one of Spencer Fane's other clients.

  • March 25, 2025

    No Easy Out In $5M Mich. Dispensary Flip-Flop Suit

    A Michigan federal court has refused to hand a win to either party in developer American 5 LLC's suit alleging a Michigan township improperly revoked its permit for a marijuana dispensary, finding that the parties hadn't resolved whether the permit was the developer's to begin with.

  • March 25, 2025

    Contractor Drops $1.1M Bond Dispute Against Liberty Mutual

    A Delaware-based plumbing and HVAC company has withdrawn its federal suit claiming that a general contractor and Liberty Mutual improperly withheld $1.1 million in payments for work the company completed on a U.S. Army Corps of Engineers elementary school project.

  • March 24, 2025

    Justices Won't Hear Insurance Dispute Over Claim Timeliness

    The U.S. Supreme Court on Monday rejected a California woman's bid to certify questions to Massachusetts' top court about when exactly an insurer must show it was prejudiced by an insured's late claim notice, letting stand a First Circuit decision that also refused to certify such questions.

  • March 24, 2025

    Ore. Tribe Backs Hydro Utility's Eminent Domain Bid At Falls

    The Confederated Tribes of Siletz Indians has asked an Oregon federal judge to approve a utility company's attempt to condemn five acres of public land for the operation of a hydroelectric project, saying another tribe believes wrongly that condemnation would eliminate its fishing platform.

  • March 24, 2025

    NC Urges Court To Rule Fla. Realty Co. Duped Homeowners

    The North Carolina Attorney General's Office has urged a state business court to find that a Florida real estate company targeted homeowners and tricked them into signing long-term predatory agreements in exchange for small cash advances, saying it is undisputed that the law was broken.

  • March 24, 2025

    Investor Says It Was Conned Out Of $42M In Real Estate Deals

    A Las Vegas investment company alleged that four businessmen fleeced it out of more than $42 million by convincing the company to invest in a Washington real estate project that collapsed when the developer was convicted of rape and also luring the firm into another bad deal under false promises.

  • March 24, 2025

    Colo. Tenants Accuse Centerspace Of Neglect, Junk Fees

    Tenants at an apartment building in Denver, Colorado, have accused landlord Centerspace LP of neglecting the property, allowing refuse and safety violations to pile up even as it charged residents surprise junk fees, per a suit the landlord removed to Colorado federal court.

  • March 24, 2025

    Texas High Court Revives Developer's Floodplain Takings Suit

    The Texas Supreme Court has said a developer can again argue at trial court that Houston's new floodplain system thwarted its planned community and amounted to a regulatory taking, even though the ordinance was a valid exercise of police power.

  • March 24, 2025

    SmartStop REIT Plans $864M IPO Amid US-Canada Trade Row

    SmartStop Self Storage REIT Inc., a real estate investment trust managing U.S. and Canadian properties, unveiled plans on Monday for an estimated $864 million initial public offering amid trade disputes rippling across North America, represented by Nelson Mullins Riley & Scarborough LLP and underwriters' counsel Latham & Watkins LLP.

  • March 24, 2025

    NJ University Launches Malpractice Suit Over Forfeited Land

    Rider University has sued a now-defunct New Jersey firm claiming it mishandled a land deal in the early 1990s, leading Rider to believe it owned a $42 million property only to later have its ownership rights challenged and defeated in court.

  • March 24, 2025

    Comparable Homes Don't Lower Mass. Property's $430K Value

    A Massachusetts home will remain valued at $429,500, a state tax panel said in a decision released Monday, rejecting the owner's arguments that the home valuation grew at a higher rate than that of comparable properties.

  • March 24, 2025

    Minn. County Late To Accept Property Tax Deal, Court Says

    An offer to a Minnesota county to settle a tax valuation dispute was not accepted within a reasonable period of time and is not valid, the Minnesota Tax Court said, rejecting the county's request to enforce the agreement.

  • March 24, 2025

    Justices Decline To Revisit Landmark Press Freedom Ruling

    The U.S. Supreme Court on Monday denied casino mogul and Trump donor Steve Wynn's bid to overturn a landmark ruling on press freedom that established a high evidentiary standard for public figures to pursue defamation claims.

  • March 21, 2025

    Only FDIC Can Sue Over Signature Bank Collapse, Judge Says

    A New York federal judge on Friday tossed a shareholder lawsuit over alleged misstatements about Signature Bank's health ahead of its 2023 collapse, saying shareholders lacked standing to sue in light of the FDIC being a receiver of both the failed bank's assets and rights of the bank's stockholders.

  • March 21, 2025

    NJ AG Says Landlord Discriminated Against Low-Income Renters

    The New Jersey Division on Civil Rights has found probable cause that the owner of a Garden State apartment complex and its leasing agent allegedly discriminated against poor tenants through illegal minimum-income requirements, Attorney General Matthew J. Platkin announced Friday.

  • March 21, 2025

    Real Estate Recap: GSA Leases, Artemis, C-PACE

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insight from Holland & Knight attorneys on General Services Administration lease terminations, Paul Hastings dealmakers on the Artemis takeover, and how attorneys see increasing use of commercial property-assessed clean energy financing.

  • March 21, 2025

    SEC Guidance Moves Needle In Favor Of Private Fundraising

    The U.S. Securities and Exchange Commission's recent guidance on how accredited investors can self-certify when participating in broadly publicized private placements simplifies legal compliance for issuers, according to attorneys, though the jury is still out on whether market participants will embrace the new framework.

  • March 21, 2025

    Fla. Tax Preparer Sentenced To Prison For $20M Fraud

    A Miami-area tax preparer was sentenced to nearly five years in prison Friday after admitting to filing thousands of individual tax returns wrongly claiming energy credits, resulting in a $20 million loss for the Internal Revenue Service, according to the U.S. Attorney's Office for the Southern District of Florida.

  • March 21, 2025

    Hail Deductible Applicable In Colo. Townhomes' Storm Dispute

    A homeowners association's insurer correctly applied a hail deductible when it issued a roughly $1,600 payment despite the association's $3.5 million damage estimate, a Colorado federal court ruled Friday, rejecting the association's argument that the deductible became void once the insurer breached the policy by underpaying coverage.

  • March 21, 2025

    Loan Servicer Faces 'Zombie Mortgage' Truth In Lending Suit

    A mortgage loan servicer that allegedly tried to charge a North Carolina borrower $160,000 for a mortgage he discharged in bankruptcy during the Great Recession got hit with a proposed federal class action accusing it and a trust that purportedly attempted to foreclose his house of violating the Truth in Lending Act.

  • March 21, 2025

    Creek Freedmen Band Wants In On Tulsa Jurisdiction Fight

    The descendants of those once enslaved by the Muscogee Creek Nation and their attorney have sought to intervene in a federal court dispute over tribal jurisdiction in Tulsa, Oklahoma, arguing they share the same objective in blocking the city's law enforcement from prosecuting tribal citizens for traffic offenses within the boundaries of its reservation.

  • March 21, 2025

    Mich. Judge Dismisses $217M Dam Repair Tax Challenge

    A Michigan federal judge has dismissed a pair of lawsuits alleging a $217 million special assessment to fund the reconstruction of dams destroyed in 2020 floods was unfairly levied on certain properties, finding homeowners had the opportunity to oppose the assessment and litigate their claims in state court.

  • March 21, 2025

    3rd Circ. Takes On NJ Judicial Privacy Law's Constitutionality

    The Third Circuit has granted requests by several data brokers to review a lower court judge's ruling that New Jersey's judicial privacy and security measure, known as Daniel's Law, is constitutional.

  • March 21, 2025

    Md. Nonprofit's Property Used As Home Isn't Exempt

    A Maryland property owned by a nonprofit isn't exempt from property tax, because it's used as the founder's home and not mainly for charitable purposes, the state tax court affirmed. 

Expert Analysis

  • Why Secured Lenders Must Mind The Gap In UCC Searches

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    If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Election Outcome Could Reshape Financial Industry

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    The policies of the next presidential administration and Congress will shape the landscape of financial services in the U.S. — including banking, mortgage, investment and credit services — for years to come, affecting Wall Street investors and aspiring homeowners alike, say Alexander Hecht and Frank Guinta at Mintz.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • Calif. Ruling Offers Hope For Mitigated Negative Declarations

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    In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • There's No Crying In Property Valuation Baseball Arbitration

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    The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.

  • Navigating Fla.'s Shorter Construction Defect Claim Window

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    In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • How To Avoid A Costly CPA Limitation Hidden In Most Leases

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    The lease audit rights clause is a seemingly innocuous provision in most commercial real estate leases that ends up costing tenants millions of dollars each year, as they have unwittingly agreed to retain only an accountant to investigate and settle financial issues, says Jason Aster at KBA Lease Services.

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