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Real Estate
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June 26, 2024
Fla. Court Paves Way For $1B Miami Highway Expansion
A Florida appeals court on Wednesday affirmed a decision overturning an administrative law judge's ruling against a $1 billion Miami-Dade County plan for a highway extension into wetlands and agricultural areas, paving the way for the controversial plan to move forward.
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June 26, 2024
States Say Revised EPA Water Rule Worse Than Original
Two dozen states are seeking a quick win against the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers and several Native American tribes in their suit challenging a revised rule defining the Clean Water Act's reach, saying it doesn't solve many problems found in the original rule.
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June 26, 2024
Colo. County's Short-Term Rental Regs Survive Challenge
A Colorado federal court has upheld a county's ordinance limiting short-term rentals in residential areas, finding it doesn't violate the 14th Amendment's equal protection clause just because it doesn't apply in areas zoned for resorts.
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June 26, 2024
Conn. Firm Settles Suit Against Insurer Over Office Damage
A Connecticut law firm and a real estate company on Wednesday agreed to drop a federal lawsuit accusing their insurer of failing to fully cover damage from a leak at their New Haven offices, less than two weeks after the insurer notified the court of a pending settlement, court records show.
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June 26, 2024
Choctaw Nation Wants 9th Circ. Rehearing In CVS Arb. Dispute
The Choctaw Nation has asked the Ninth Circuit for a rehearing in an effort to undo the court's decision forcing it to arbitrate a dispute over prescription drug reimbursements with subsidiaries of CVS Health Corp., arguing it never waived sovereign immunity and did not agree to such proceedings on its Recovery Act claims.
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June 26, 2024
White House Unveils $1.8B In Transportation Grants
U.S. Transportation Secretary Pete Buttigieg revealed on Wednesday that the agency had awarded $1.8 billion in grants for 148 transportation infrastructure projects across the country, as part of the Rebuilding American Infrastructure with Sustainability and Equity discretionary grants program.
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June 26, 2024
NJ, Pa. Apartment Co. Accused Of Migrant Discrimination
A Guatemalan immigrant who has received protections under the Deferred Action for Childhood Arrivals program accused a real estate development and management company of alienage discrimination on Wednesday after she was informed that the company could not accept her housing applications without a valid permanent resident card or visa.
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June 26, 2024
Ex-Worker Says NC Justices Needn't Review Carcinogen Test
A former graduate student worker for North Carolina State University has told the Tar Heel State's highest court that the school is trying to delay a potential lawsuit by continuing its fight to keep the ex-employee and cancer patient from investigating a campus building for carcinogens.
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June 26, 2024
Red Roof Trafficking Case Settled In Middle Of Trial
The corporate owners of two Red Roof Inn locations in Atlanta and 11 women who claim they were trafficked there for years without intervention have reached a midtrial settlement ending the case.
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June 26, 2024
Six Flags, Cedar To Close $8B Merger Following DOJ OK
Six Flags Entertainment Corp. and Ohio-based amusement park peer Cedar Fair LP have cleared regulatory scrutiny from the U.S. Department of Justice, paving the way for a July 1 closing of the two companies' previously announced blockbuster $8 billion merger.
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June 26, 2024
Atty Agrees To Withdraw Mid-DQ Hearing In NC Biz Court
A real estate attorney on Wednesday beat opposing counsel to the punch on a motion for disqualification in a dispute over a soured business partnership, opting instead to voluntarily withdraw his representation of one party but remain as counsel for another after a state Business Court judge pointed out conflicts with him providing services to both.
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June 26, 2024
CSAA Seeks Exit From Conn. Atty's $1.4M Transfer Scam Case
The insurance company covering a Connecticut attorney accused of helping steal $1.4 million from a development company via a fraudulent bank transfer is seeking to drop its coverage on the grounds that the attorney's alleged actions were intentional and criminal, and therefore not insured.
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June 26, 2024
Miami-Dade Cites Animal Harm In Aquarium Eviction Action
Miami-Dade County has sued to evict an aquarium from a government-owned waterfront site following reports that the operator didn't clean and maintain the 70-year-old facility well enough and repeatedly failed to care for dolphins, manatees and other animals held at the theme park.
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June 26, 2024
Latham, Goodwin Lead Cold Storage Giant's IPO Filing
Real estate investment trust Lineage Inc., a large owner of cold-storage warehouses, filed plans on Wednesday for an initial public offering, represented by Latham & Watkins LLP and underwriters counsel Goodwin Procter LLP.
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June 26, 2024
$10B AIR-Blackstone Deal Set To Close After Investor Nod
Denver-based Apartment Income REIT Corp.'s shareholders have approved an agreement to sell off the real estate investment trust to private equity giant Blackstone for $10 billion, paving the way for its close within the next several days.
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June 26, 2024
A Picture Of Office Sector Distress
This five-part series from Law360 Real Estate Authority explores distressed office buildings in Chicago, San Francisco, Miami, Dallas and New York City in an illustration of how the stressors facing the asset class are playing out across the country.
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June 25, 2024
Warhol, Monet Artwork Forfeited To US In 1MDB Clawback
Andy Warhol and Claude Monet paintings are among the items that will be forfeited to the United States as part of a deal resolving the government's civil complaints looking to recover assets allegedly related to money laundering by a Malaysian state-owned investment fund, according to a consent judgment entered Monday.
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June 25, 2024
Feds Transfer Nearly 12,000 Acres To Minnesota Tribe
A Native American tribe in northern Minnesota has added nearly 12,000 acres of forest land to its reservation following an agreement signed by the U.S. Forest Service.
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June 25, 2024
Wash. HOA Drops Water Damage Coverage Claims
A homeowners association agreed to drop its Washington federal case seeking up to $8.7 million in coverage for "hidden" water damage to its condos.
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June 25, 2024
$3M Broker Commission Deal Stayed To Await NAR Settlement
A Massachusetts federal court will not consider a $3 million settlement reached between home sellers and a multiple listing service over broker commission rules until after a decision on a much larger settlement in the separate sprawling case against the National Association of Realtors.
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June 25, 2024
NC Development Bill Violates UN Declaration, Tribe Says
A North Carolina tribe is fighting state legislation that it says does not assure protections over one of the most significant archaeological Native American discoveries in recent years, arguing its language violates international law and centuries-old treaties.
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June 25, 2024
Ariz. Lawmakers Say State Has No Interest In Monument Fight
The Arizona State Legislature says Gov. Katie Hobbs and Attorney General Kris Mayes can't show that they have an interest in lawsuits against President Joe Biden's proclamation designating an Indigenous site in the Grand Canyon region a national monument and they shouldn't be allowed to intervene in the litigation.
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June 25, 2024
DC Council OKs Tax Hikes On High-End Property, Payroll
Washington, D.C., would impose a special tax rate on high-end residential properties, boost the premium for the district's paid leave program and make other tax and spending changes under legislation passed Tuesday by the district council.
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June 25, 2024
Pot Cos. Push Back On Calif. City's Bid To Toss $5.4M Fee Suit
Six cannabis companies are fighting the California city of Cudahy's bid to dismiss a suit alleging that the city reneged on a promise to waive $5.4 million in fees accrued during the COVID-19 shutdowns, saying the motion largely disputes allegations that the court has to accept as true under a motion to dismiss.
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June 25, 2024
Lewis Baach Says Chrysler Building Landlord Bilked The Firm
International boutique Lewis Baach Kaufmann Middlemiss PLLC has sued the landlord for its former office space in the Chrysler Building in New York state court, saying RFR Holding LLC is refusing to return its $275,000 security deposit.
Expert Analysis
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DOJ Comments Reveal Road Ahead For Mortgage Redlining
Comments from two U.S. Department of Justice representatives at a recent fair lending conference show that the DOJ is prioritizing investigations and enforcement against redlining risks, and highlight important compliance steps for lenders, say Lori Sommerfield and Chris Willis at Troutman Pepper.
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How The NY AG Leads Investigations In Civil Securities Fraud
Although investigating white collar fraud can put significant strain on state and local resources, the New York Attorney General's Office has continued to use its expansive statutory authority to take a leading role in bringing civil enforcement actions in highly complex financial matters, say Carrie Cohen and Nathan Reilly at MoFo.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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DOJ's RealPage Notice Signals Focus On Pricing Algorithms
The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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4 Key Types Of Coming FHLBank Reforms To Watch
Though the Federal Housing Finance Agency's recent report on the Federal Home Loan Bank System has received relatively little attention, the regulatory and legislative changes it proposes in four categories herald the start of a significant effort by the agency to reform the system’s structure and operations and overhaul requirements for member banks, say attorneys at Mayer Brown.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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The SEC's Cooled Down But Still Spicy Private Fund Rules
Timothy Spangler and Lindsay Trapp at Dechert consider recently finalized U.S. Securities and Exchange Commission rules, which significantly alter the scope of obligations private fund advisers must meet under the Investment Advisers Act, noting the absence of several contentious proposals and litigation that could result in implementation delays.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Trump NY Fraud Trial Shows Civil, Criminal Case Differences
Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Why NYC Building Owners Shouldn't Ignore Emissions Rule
New rules from the New York City Department of Buildings clarify the previously vague good faith efforts that building owners may make to mitigate penalties for not complying with a major carbon emission law that takes effect in January, and should discourage owners from simply paying the fines instead of decarbonizing, says William McCracken at Moritt Hock.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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Unpacking Long-Awaited Clean Energy Tax Credit Guidance
Recently proposed Internal Revenue Service regulations provide welcome confirmatory guidance on the application of investment tax credits as reworked by 2022's Inflation Reduction Act, prevailing wage and apprenticeship rules that are largely consistent with market expectations, and broader eligibility criteria that should please the wind power industry in particular, say attorneys at Morgan Lewis.