More Real Estate Coverage

  • February 06, 2024

    NC Panel Backs $5M Win For Developers In Water Fee Fight

    The North Carolina state appeals court on Tuesday backed a $5.3 million judgment developers won in their suit accusing the city of Greensboro of imposing illegal pre-service water fees, finding the fees were charged late in the construction process but before volume-measuring water and sewer services were available on the properties.

  • February 05, 2024

    Md. Jury Set To Decide If Ex-State's Atty Lied On Loan Apps

    The legal team representing former Baltimore state's attorney Marilyn Mosby said during closing arguments Monday that she mistakenly placed her trust in her then-husband to address tax debts the couple owed to the IRS, while federal prosecutors accused Mosby of shifting the blame for allegedly lying on mortgage loan applications.

  • February 05, 2024

    FERC Says It Followed Court's Orders With LNG Reapproval

    The Federal Energy Regulatory Commission defended its reapproval of a Texas liquefied natural gas terminal Monday, telling the D.C. Circuit it addressed the appeals court's concerns after the court ordered the agency to revise its environmental reviews of the project.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 05, 2024

    Va. Landlord Accused Of Exploitation Denied Pretrial Release

    A Virginia federal judge refused to release a Hampton-based landlord who is facing trial on allegations of exploiting Black tenants, noting the man previously violated release and will likely face a long sentence if convicted.

  • February 02, 2024

    Tribes Fight Industry Bid To Weigh In On Land Swap Dispute

    The Shoshone-Bannock Tribes are objecting to two industry groups weighing in on a dispute over a federal land transfer for the expansion of a fertilizer plant, telling the Ninth Circuit that the organizations' "impermissibly partisan" arguments offer no novel legal perspectives on the case.

  • February 02, 2024

    Court's Claims Of Internal Dispute A Myth, Tribe Tells Fed. Circ.

    The Winnemucca Indian Colony is asking the Federal Circuit to overturn a decision that dismissed allegations in a $208 million breach of trust suit against the Bureau of Indian Affairs, saying the Court of Federal Claims wrongly characterized the events that underpinned its litigation as an internal dispute within the tribe.

  • February 02, 2024

    Property Plays: Brennan, PowerHouse Data, Cambridge

    Brennan Investment Group has purchased a portfolio of industrial buildings in Florida and Colorado, PowerHouse Data has picked up 145 acres in Virginia and Cambridge Realty Capital has landed $52.5 million in financing for multifamily properties in Kentucky and Illinois.

  • February 02, 2024

    Green Group Blasts Berkshire Unit's Bid To Flush Water Suit

    An environmentalist group urged a North Carolina federal court to keep alive its Clean Water Act complaint against a Berkshire Hathaway Inc. unit, arguing that it's packed with specifics about how pollution from a development has sullied nearby waterways.

  • February 02, 2024

    Ore. Property Owner Denied Tax Break Over Late Mailing

    An Oregon property owner is not eligible for a 3% discount on property taxes granted to early payers because he did not show that he mailed his payments in a timely manner to meet a statutory deadline, the Oregon Tax Court ruled.

  • February 01, 2024

    Alaska Tribes Seek Canada Recognition To Consult On Mines

    A group of tribal governments in southeast Alaska is asking Canadian regulators to acknowledge its historic presence along the boundary-crossing Unuk River, in order to protect the watershed from open-pit gold and silver mining Skeena Resources Ltd. is proposing in British Columbia.

  • February 01, 2024

    Insurer Settles $1.7M Suit Over School's Tornado Damage

    A Nashville private school agreed to permanently end its $1.7 million unpaid tornado damage suit against Cincinnati Insurance Co. and the school's former agent, according to an order in Tennessee federal court.

  • February 01, 2024

    Remine Shareholder Sues In Del. Over $53.5M MLS Merger

    A shareholder of a real estate services platform acquired by five multiple listing services in 2021 sued the company's founders and directors in Delaware's Court of Chancery, alleging that they structured the $53.5 million sale for their own benefit at the expense of common stockholders.

  • January 31, 2024

    Tenn. Bill Aims To Cap Hikes On Local Hotel Occupancy Taxes

    Tennessee would bar municipalities from raising local taxes on hotel and motel stays above a certain level under a bill filed in the state House of Representatives.

  • January 31, 2024

    Treasury Aims To Finish Credit Monetization Rules In 2024

    The U.S. Department of the Treasury aims to issue final rules this year on two new ways to monetize tax credits tied to clean energy construction projects, known as the direct pay and transferability methods, an official said.

  • January 30, 2024

    Timber Co. Says Seller 'Twisting' Words In Carbon Offset Fight

    A New Hampshire-based timber company has told a North Carolina court that an investment firm specializing in forestland is "twisting" words in an attempt to escape claims that it overvalued the carbon offset of a property by about $1 million.

  • January 30, 2024

    6th Circ. Backs Antero's Win In Oil Royalties Breach Suit

    The Sixth Circuit affirmed on Tuesday a lower court's dismissal of a lessor's contract breach suit accusing Antero Resources of underpaying royalties under an oil-and-gas lease, finding the lessor failed to follow the lease's 90-day presuit notice requirement and "made no attempt to provide any prelawsuit notice at all."

  • January 30, 2024

    Feds, Tesoro Question Landowners' Bid To Join Pipeline Fight

    The U.S. government has told a North Dakota federal judge that tribal landowners' push to join a pipeline fight with Tesoro High Plains Pipeline Co. LLC may be premature, while the company said it threatens to turn its litigation against the government "into a circus."

  • January 29, 2024

    Escrow Agent Not Covered For Fraud Suits, Court Told

    An escrow agent no longer has coverage for four underlying suits accusing it of unlawfully withholding funds or distributing them to third parties who had no valid claim to the money, an insurer told a Florida federal court, saying its theft coverage extension endorsement has been exhausted.

  • January 26, 2024

    Biden Stokes LNG Uncertainty With Export Review Pause

    The Biden administration's pause of its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S. will delay several projects and have potential customers question whether their supply agreements can ultimately be honored.

  • January 26, 2024

    CBD Co. Asks Judge To Reject Franchisee's $10M Claims

    The owner of the Your CBD Store brand has urged a Georgia federal court to snuff out an arbitration action brought by one of its franchisees seeking as much as $10 million in damages, according to a lawsuit that says an oral agreement between the two cannot be arbitrated.

  • January 26, 2024

    Property Plays: Phipps, Sunroad, EastGroup

    Phipps Houses has landed $98.2 million in financing for a Queens residential project, Sunroad Enterprises has scored $149 million in refinancing for a multifamily portfolio spanning three states and EastGroup Properties has picked up three industrial buildings in Las Vegas for $54.8 million.

  • January 26, 2024

    State Farm Underpaid Miss. Property Losses, Class Suit Says

    A Mississippi homeowner accused State Farm Fire and Casualty in federal court of intentionally underpaying her fire damage claim by using the wrong setting in its pricing software, treating the repairs as new construction and improperly excluding higher labor costs associated with more complicated fixes. 

  • January 26, 2024

    Biden Admin Pauses LNG Reviews Over Climate Concerns

    The Biden administration on Friday said it would pause its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S., and revise its export policy to greater account for LNG's impacts on climate change and energy prices.

  • January 25, 2024

    Wash. Justices Spare Homeowners From Lakeshore Eviction

    The Washington State Supreme Court on Thursday said a group of homeowners are the legal owners of shoreline where they built boat docks and decks, rejecting a county government's argument that it controlled the lakeshore linked to a county recreational trail under a 19th-century federal railroad right-of-way law.

Expert Analysis

  • Clean Water Act Jurisdiction Still Murky After A Choppy 2023

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    This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.

  • 'Brownfields' Definition Key To Energy Community Tax Credits

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    As the IRS rolls out guidance for claiming community energy tax credits under the Inflation Reduction Act, a review of the long-standing statutory definition of "brownfields" reveals that it continues to serve the goal of creating opportunities for investment in abandoned properties, says Louise Dyble at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • ESG Around The World: Singapore

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    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.

  • Breaking Down High Court's New Code Of Conduct

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    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.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    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.

  • Unpacking Long-Awaited Clean Energy Tax Credit Guidance

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    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.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Navigating USCIS' New Minimum EB-5 Investment Period

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    Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.

  • ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • DC Ruling Provides Support For Builders Risk Claim Recovery

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    To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.

  • What NJ's Green Remediation Guidance Means For Cleanups

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    Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

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