Residential

  • May 01, 2024

    Swiss Firm Empira Eyes Long-Term Growth In US Housing

    The head of U.S. investments for Switzerland-based real estate investment firm Empira Group shared insights with Law360 Real Estate Authority on the opportunities the company saw in U.S. housing that have driven its recent arrival and growth on this side of the Atlantic.

  • April 30, 2024

    2nd Circ. Revives Commerzbank RMBS Suit Against US Bank

    The Second Circuit on Tuesday revived part of a nearly decade-old Commerzbank AG lawsuit brought against U.S. Bank NA over its role as a trustee on a slew of pre-2008 crisis RMBS trusts, sending some of the German bank's previously dismissed claims back to district court for a "closer inspection."

  • April 30, 2024

    Real Estate Leaders Ask Congress For Less Stick, More Carrot

    The federal government should incentivize home construction and office-to-residential conversions, avoid imposing more capital requirement rules on banks and refrain from treating commercial real estate monolithically, industry leaders testified to members of Congress on Tuesday.

  • April 30, 2024

    NY Agencies Hit With Rental Assistance Bias Class Action

    New York City Housing Authority tenants on Tuesday filed a proposed class action alleging their landlord and the administrator of COVID emergency rental assistance intentionally discriminated against low-income Black and Hispanic renters by sending them to the back of the rental assistance line.

  • April 30, 2024

    Conn. Mortgage Co. Settles Data Breach Claims

    A mortgage company settled a consolidated data breach class action that accused the company in Connecticut federal court of being liable for a November 2023 data breach that compromised its customers' personal information.

  • April 30, 2024

    Deal Frees Douglas Elliman From Mo. Broker Fee Class Action

    Douglas Elliman has agreed to pay up to $117.5 million to exit a class action in Missouri federal court accusing the broker of causing home sellers to pay inflated commissions under rules set by the National Association of Realtors.

  • April 30, 2024

    Mich. Judge Admits Error In Cutting Predatory Lending Claims

    A Michigan federal judge admitted she was wrong to toss fair housing claims alleging a group of real estate companies ran a bulk home buying program that preyed on Black buyers, reviving the claims and reversing a decision to cut a defendant from the case.

  • April 30, 2024

    NYC Judge Upholds Hotel Taxes On Apartment Subleases

    A company that leased residential apartments in New York City is liable for more than $200,000 in disputed hotel taxes on short-term subleases of the units, an administrative law judge found.

  • April 29, 2024

    Kazakh Businessman Accused Of Stealing Coal Mine

    A Kazakh businessman schemed with the country's government to steal a coal mine, its proceeds, and its assets and laundered the proceeds to buy luxury U.S. real estate worth more than $100 million, according to a suit filed in New York state court.

  • April 29, 2024

    6th Circ. Revives Co.'s Malpractice Suit Against Ohio Firm

    The Sixth Circuit on Monday revived a Texas real estate developer's legal malpractice claim against an Ohio law firm, remanding the case back to a lower court to consider the viability of certain professional negligence claims.

  • April 29, 2024

    Zillow Fights Investor Cert. In Home Pricing Program Suit

    Zillow urged a Washington federal court not to certify a class of shareholders amid an investor's suit alleging he was misled about the performance of its home-flipping program, arguing that the alleged misstatements had no bearing on stock prices.

  • April 29, 2024

    DC Property Manager Can't Duck Utility Fee Claims

    A District of Columbia federal judge refused to toss a proposed class action lobbed by a former tenant against Bozzuto Management Co., leaving the property manager to face claims that its mishandling of utility charges violated consumer protection laws.

  • April 29, 2024

    Keller Williams Agent Can't Slip Robocall Class Action

    A Nevada federal judge refused to let a Keller Williams agent escape a proposed class action accusing her of violating the Telephone Consumer Protection Act by repeatedly using robocalls to contact someone whose cellphone number was on a national do-not-call registry.

  • April 29, 2024

    Defendant Seeks Tribe's Confidential Data In Smoke Shop Suit

    An entrepreneur being sued by the Cayuga Nation is arguing in New York federal court that he should be allowed to view "highly confidential" spreadsheets purportedly detailing revenue losses the tribe suffered due to an unlicensed smoke shop on tribal land, asserting he has no business ties to the store.

  • April 29, 2024

    Peer Street Plan Ruling Gets Delayed After Objector No-Show

    Real estate investment platform Peer Street Inc. will have to wait another week for a decision on confirmation of its Chapter 11 plan, after a Delaware bankruptcy judge declined Monday to rule on the relief because an objecting party wasn't present in court.

  • April 29, 2024

    Pa. Retirement Home Wants Ed Board Tax Challenge Nixed

    The nonprofit owner of a retirement community in a suburb of Pittsburgh has filed a lawsuit against the local school board claiming that the board violated a soon-to-expire payment in lieu of taxes, or PILOT, agreement that was brokered almost 15 years ago.

  • April 29, 2024

    Wash. Solar Co. Will Pay $465K To End Noncompete Suit

    A Washington state judge has given a preliminary nod to a $465,000 settlement to end litigation accusing a residential solar energy equipment company of forcing workers to sign illegal noncompete clauses as a condition of employment.

  • April 29, 2024

    Becker Adds Community Association Pro From Kaye Bender

    A community associations attorney from Kaye Bender Rembaum has jumped to Becker & Poliakoff PC to serve as a shareholder in the firm's West Palm Beach, Florida, office, the firm announced Monday.

  • April 29, 2024

    Builders Say State Rulemaking At Stake In Mich. PFAS Case

    A homebuilders' group has backed industrial giant 3M in urging the state's highest court to preserve a lower court ruling wiping out limits on forever chemicals, with a trade group official saying the decision could affect other state agency rulemaking.

  • April 29, 2024

    NYC Real Estate Week In Review

    Davis Polk, Greenberg Traurig and Simpson Thacher are among the law firms that handled the largest New York City real estate deals that hit public records last week, a period that saw two buildings trade for north of $100 million and a four-building portfolio also sell for nine figures.

  • April 29, 2024

    Supreme Court Declines To Hear 'Unusual' FCRA Case

    The U.S. Supreme Court on Monday declined to take up PHH Mortgage Corp.'s call for review of a Fourth Circuit decision allowing a Marine Corps veteran to continue his Fair Credit Reporting Act claims that the company harassed him about his ex-wife's debt on a home they once shared.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 26, 2024

    How Legos, 'Working Girl' Sealed $10B Sibling Rivalry Win

    A father-son attorney team used Legos and an argument borrowed from the 1988 film "Working Girl" to help a Los Angeles jury understand how their client's own brother illegally stole his multibillion-dollar real estate business, leading to a $10 billion verdict for their client and his other brothers, the attorneys told Law360.

  • April 26, 2024

    HomeServices Brokerage Reaches Deal With Home Sellers

    Berkshire Hathaway-owned brokerage firm HomeServices of America reached a deal Friday to settle claims that it forced a class of home sellers to pay inflated commissions, closely following the approval of a $418 million deal between the class and the National Association of Realtors.

  • April 26, 2024

    Wells Fargo Clients Seek Class Cert. In Race Bias Suit

    Mortgage applicants accusing Wells Fargo of discriminating against borrowers from racial minorities with higher interest rates, worse terms and more scrutiny than white clients have asked a California federal judge to approve their class.

Expert Analysis

  • Inside Bank Regulators' Community Lending Law Overhaul

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    The federal banking agencies' recently finalized changes to the Community Reinvestment Act not only account for the gradual shift to an environment where lending and deposit-taking are primarily conducted online, but also implement other updates such as diversity initiatives and a new series of lending tests, say attorneys at Norton Rose.

  • A Bird's Eye View Of NYC's New Parapet Inspection Law

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    Building owners in New York City should be ready for the city's new parapet inspection requirements going into effect in January, which will likely necessitate additional construction work for countless buildings not previously subject to formal inspections, says Benjamin Fox Tracy at Braverman Greenspun.

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • AI's Baked-In Bias: What To Watch Out For

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    The federal AI executive order is a direct acknowledgment of the perils of inherent bias in artificial intelligence systems, and highlights the need for legal professionals to thoroughly vet AI systems, including data and sources, algorithms and AI training methods, and more, say Jonathan Hummel and Jonathan Talcott at Ballard Spahr.

  • Calif. Ruling May Open Bankruptcy Trustees To Tort Liability

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    In Martin v. Gladstone, a recent California appellate court decision, the application of tort concepts to bankruptcy trustees could pose a new concern for trustees and federal receivers when controlling and maintaining commercial property, says Jarrett Osborne-Revis at Buchalter.

  • 5th Circ. Ruling May Beget Fraud Jury Instruction Appeals

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    The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.

  • Considerations For Navigating Mixed-Use Developments

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    As mixed-use developments continue to rise in popularity, developers considering this approach to urban planning must be aware of key considerations ranging from title and zoning laws to proper engagement with stakeholders, says Mehdi Sinaki at Michelman & Robinson.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.

  • How CRE Loans Would Shift Under New Bank Capital Rules

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    Attorneys at MoFo discuss how commercial real estate loans would fare under federal banking agencies' proposed changes to how large banks risk-weight loans, particularly how CRE loans are weighed based on the current standardized framework versus the proposed expanded approach.

  • Proactive Measures While NY Foreclosure Law Is In Limbo

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    While questions about the scope and constitutionality of New York's Foreclosure Abuse Prevention Act might not be resolved by courts for years, lenders, borrowers and other interested parties can take action to protect their rights and potentially expedite appellate review, say Allison Schoenthal and Andrew Kim at Goodwin.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • How NY Residential Property Condition Disclosure Is Shifting

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    New York's recent significant amendments to the Property Condition Disclosure Act provide a new focus on the risk and damage from flooding, and the changes will affect the duties and standard of practice for real estate brokers, as well as liability and compliance for sellers and landlords, says Steven Ebert at Cassin & Cassin.

  • Conn. Banking Brief: The Notable Compliance Updates In Q3

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    The most notable legal changes affecting Connecticut financial institutions in the third quarter of 2023 included increased regulatory protections for consumers, an expansion of state financial assistance for underserved communities, and a panoply of tweaks to existing laws, says Brian Rich at Barclay Damon.