More Real Estate Coverage

  • January 10, 2024

    WWII, Vietnam Vets Tell Jury PacifiCorp Fires Razed Homes

    Following a $90 million class verdict against utility PacifiCorp over a cluster of Labor Day 2020 fires in Oregon, jurors heard individual damages testimony Wednesday from a 101-year-old World War II combat veteran and a Vietnam War combat veteran who lost homes in the fires.

  • January 10, 2024

    Ill. City May Be Liable In Own Pollution Suit Against Metal Co.

    An Illinois federal judge has allowed a counterclaim by a scrap metal recycling company to move forward against the city of Aurora, Illinois, seeking to hold the city at least partially responsible for environmental contamination around the recycling operation.

  • January 10, 2024

    10th Circ. Urged To Keep National Monuments Designation

    Native American tribes and environmental organizations have urged the Tenth Circuit to uphold a lower court decision dismissing Utah and other groups' challenge to President Joe Biden's redesignation of large swaths of the state as part of the Bears Ears and Grand Staircase-Escalante national monuments.

  • January 10, 2024

    Wash. Judge Calls Eviction Protection Ruling 'Disturbing'

    A day after a Washington appellate court panel said the CARES Act's eviction notice requirement applies beyond late-rent cases, another judge on the court reviewing a separate eviction suggested Wednesday the ruling could lead to "disturbing" consequences if landlords aren't allowed to quickly evict violent tenants.

  • January 10, 2024

    Native Owners Again Seek To Intervene In ND Pipeline Row

    A group of North Dakota tribal landowners with property alongside a gas and oil pipeline are asking a federal district court to allow them to intervene in litigation over right of way trespassing claims through the Fort Berthold Indian Reservation, saying the federal government is only trying to protect its own interests in forthcoming breach of trust claims against it.

  • January 10, 2024

    EPA's Water Leader To Step Down After Busy Tenure

    The head of the U.S. Environmental Protection Agency's water office on Wednesday said she'll be stepping down at the end of February, after three years leading the office through a multibillion-dollar infusion and several high profile rulemaking efforts.

  • January 10, 2024

    Montana Camp Must Pay $1M Bond To Stay Tribal Lease Order

    A Montana campground operator must post a $1 million surety bond to allow a stay to remain in place while it appeals a ruling to the Ninth Circuit in favor of the Blackfeet Nation in an ongoing land lease dispute, a federal district court judge said, determining that the company presented a "substantial case for relief on the merits."

  • January 10, 2024

    Md. Real Estate Co. Sued For $10M Over $2.5M Loan

    A lender has hit a Maryland real estate company and two of its officers with a more than $10 million suit alleging that the company misused a $2.5 million loan to pay off debts instead of renovating multiple Maryland properties for resale.

  • January 09, 2024

    Fed. Circ. Splits In Affirming Zillow's Patent Win Over IBM

    A split Federal Circuit panel on Tuesday backed a lower court's finding that a pair of IBM patents were not valid under the U.S. Supreme Court's Alice test, handing a win to Zillow, which had been accused of infringing the patents with its real estate website and app.

  • January 09, 2024

    71-Year-Old CPA Sentenced To 25 Years In $1.3B Tax Case

    An accountant blamed by federal prosecutors for pioneering the use of conservation easements as illegal tax shelters was sentenced to 25 years in prison Tuesday following his conviction on all counts of a $1.3 billion tax fraud scheme that drew the first criminal prosecution of its kind.

  • January 09, 2024

    Minn. Justices Question Denial Of Housing Charity Tax Break

    The Minnesota Supreme Court questioned arguments by the state's largest county Tuesday that low-income housing owned by a charitable nonprofit was not exempt from property taxation because the occupancy by the tenants did not further the organization's charitable purpose.

  • January 09, 2024

    NJ Revises Process For Valuation Of Farmland Easements

    New Jersey revised its process for determining the value of farmland and development easements on farmland intended to be acquired for preservation purposes under a bill signed by Gov. Phil Murphy.

  • January 08, 2024

    Wash. Marketing Co. Looks To Escape Timeshare Class Action

    A marketing firm connected with financial planning celebrity Dave Ramsey has urged a Washington federal judge to free it from a proposed class action accusing it of falsely promoting a timeshare-exit company, saying a decision in another suit prohibits any judgment against it.

  • January 08, 2024

    Feds Want Decades For Atty, CPA Convicted In $1.3B Tax Case

    An attorney and an accountant found guilty by a jury of selling $1.3 billion in fraudulent tax deductions in connection with conservation easements should spend decades behind bars, federal prosecutors told a Georgia federal court in advance of their Tuesday sentencing hearings.

  • January 08, 2024

    Tulsa Has Interest In Prosecuting Native Crimes, Officials Say

    The city of Tulsa has a strong interest in enforcing criminal law within its boundaries, its officials said, arguing that concurrent jurisdiction with the Muscogee (Creek) Nation over Native Americans who commit crimes within its boundaries is "paramount" to the Oklahoma tribe's safety.

  • January 05, 2024

    Minn. County Accuses Feds Of Illegally Taking Land For Tribe

    A Minnesota county has sued the U.S. government in federal court, claiming the Interior Board of Indian Appeals wrongly allowed it to accept about 3,238 acres of land into trust for the Mille Lacs Band of Ojibwe Indians and has threatened the county's tax revenue.

  • January 05, 2024

    Biden Admin Floats New Natural Resource Damage Rule

    An "inefficient and inflexible" rule intended to facilitate settlements that pay for environmental damage resulting from pollution would be streamlined under a new rule proposed Friday by the U.S. Department of the Interior.

  • January 05, 2024

    Neb. Bill Aims To Expand Tax Break For Nonprofits' Purchases

    Nebraska would expand a sales and use tax exemption for purchases by nonprofit organizations under a bill introduced in the state's unicameral Legislature.

  • January 05, 2024

    Del. House Bill Seeks Lodging Tax On Short-Term Rentals

    Delaware would apply the state's 8% lodging tax for hotel and motel stays to short-term rentals under a bill introduced in the state House of Representatives.

  • January 05, 2024

    Salt Lake City, Lumen Agree To End Removal Fee Row

    Salt Lake City has settled its dispute with Lumen Technologies more than two years after suing the telecom provider for $400,000, saying it had refused to pay up for the cost of moving the company's communications infrastructure from public rights-of-way during a city construction project.

  • January 05, 2024

    NY LLC Transparency Law Set To Lose Public Access Element

    A recently signed New York law that allows the public and law enforcement to look behind the veil of limited liability companies is likely to be gutted of one of its main functions when it goes into effect in a year.

  • January 05, 2024

    Brookfield Buys ATC's India Telecom Portfolio For $2.5B

    A Brookfield Asset Management affiliate will become India's biggest operator of telecommunications towers after agreeing to pay $2.5 billion to acquire the Indian operations of American Tower Corp.

  • January 03, 2024

    Seneca Nation Suit Over NY Thruway Headed For Mediation

    A federal district court judge has agreed to extend the deadlines for motions in a long-running challenge by the Seneca Nation to New York over a portion of the state's thruway that runs through the federally recognized tribe's reservation land after the parties said they have agreed to pursue mediation.

  • January 03, 2024

    Canadian Property Co. Can't Claim Mining Loss, Court Says

    A Canadian real estate company cannot claim tax losses from its predecessor, an insolvent mining company that new investors transformed into a tax shelter while disguising their control, the Tax Court of Canada said.

  • January 03, 2024

    NC Landowner Says Delay Voided Verizon Cell Tower Lease

    A North Carolina landowner asked a federal judge to end a cell tower equipment lease with Verizon Wireless, claiming the three and a half years it took for the company to start work at the site was a delay that voided the deal.

Expert Analysis

  • Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • ESG Around The World: Australia

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    Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

  • Industry Takeaways From OMB's Final Buy America Guidance

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    The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.

  • Texas Produced Water Ruling Helps Clarify Oil, Gas Leases

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    A Texas state appeals court's recent opinion in Cactus Water Services v. COG Operating, holding that the mineral lessee under an oil and gas lease owns the water extracted during oil and gas production, is a first step toward clarity on an issue that has divided the midstream industry, say attorneys at Mayer Brown.

  • Pa. Case Highlights Complexity Of Oil And Gas Leases

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    A Pennsylvania state court's recent decision in Douglas Equipment Inc. v. EQT Production Co. is a reminder that oil and gas leases are rather strange creatures — morphing from something akin to a traditional surface lease to a mineral property conveyance the moment oil and gas is produced, says Christopher Rogers at Frost Brown.

  • Calif. Protected Species Law Changes: Real Fix Or Red Tape?

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    California's recent amendments to its "fully protected species" statutes create a temporary permitting regime intended to accelerate the building of renewable energy, transportation and water infrastructure in response to climate change — but the new legislation could become another obstacle to the projects it purports to benefit, says Paul Weiland at Nossaman.

  • EPA Focus On Lead Could Heighten Private Litigation Risk

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    As the U.S. Environmental Protection Agency continues a series of initiatives aimed at reducing lead exposure, including last month's proposal to strengthen removal requirements for lead-based paint, the risks of private suits from citizens groups over lead contamination grow, say Jonathan Brightbill and Madalyn Brown Feiger at Winston & Strawn.

  • Ruling Affirms Drillers' Right To Choose Methods In Colo.

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    In the wake of the Tenth Circuit's decision in Bay v. Anadarko E&P Onshore, a bellwether trespass case, oil and gas operators can breathe easy knowing that Colorado landowners cannot dictate their method of drilling — even in the face of more reasonable alternatives, say Lauren Varnado and Jessica Pharis at Michelman & Robinson.

  • NYC Sidewalk Obligations Must Go Beyond Construction

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    New York City's recently announced Get Sheds Down plan will bring sweeping changes to regulation of the scaffolding and construction sheds looming over sidewalks — but it cannot stop there, says Michael Pollack at Yeshiva University's Cardozo School of Law.

  • 5 Quick Takeaways From Feds' New Bank Capital Proposals

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    The federal banking agencies' recent proposed rulemaking on capital requirements is the culmination of a holistic review of U.S. capital standards initiated by the Federal Reserve, and at over 1,000 pages, the proposal will take some time to fully digest, but there are a few items that can be immediately highlighted, say attorneys at Simpson Thacher.

  • Contract Disputes Recap: Timeliness, Evidence, Fact-Finding

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    Edward Arnold and Bret Marfut at Seyfarth Shaw look at three recent opinions from three stages of government contract claims litigation about avoiding untimeliness by ticking procedural boxes, supporting factual positions at the summary judgment stage and how the appellate boards review default terminations.

  • The Importance Of Sustainable, Resilient Construction Design

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    Due to the significant role that the construction industry plays in climate change, industry participants must understand the concepts of sustainable and resilient design practices, as well as the risks associated with implementing or foregoing these practices, say Daniel Brennan and Marissa Downs at Laurie & Brennan.

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