Residential

  • August 08, 2024

    Equifax Not Responsible For Mortgage Denial, 7th Circ. Rules

    A split Seventh Circuit on Wednesday refused to revive an Illinois woman's suit claiming she was denied a mortgage because Equifax didn't accurately report her credit history, finding Equifax could not be held liable for errors in another company's report combining data from all three major credit bureaus.

  • August 08, 2024

    Real Estate Agents Not Liable In Death Suit, Ga. Court Says

    The Georgia Court of Appeals said for the first time that real estate brokers or agents could be held responsible for injuries sustained by visitors during property showings, just not in the case of a man suing over his wife's deadly fall in 2019.

  • August 08, 2024

    With Data Centers And Power, Brookfield Cheers AI

    Brookfield Corp., the Toronto-based asset management behemoth, touted its position recently at the nexus of physical and energy infrastructure amid the artificial intelligence boom.

  • August 08, 2024

    Home Security Co. Can't Recreate $12.1M Contract, Court Told

    The home security arm of building firm Toll Brothers on Thursday asked a Connecticut Superior Court judge to nix three counterclaims from a contract lawsuit accusing another home security company of botching a $12.1 million home monitoring account purchase, saying the company was impermissibly reading language into the contract at issue and pressing duplicate allegations.

  • August 08, 2024

    Wash. HOA Says Allstate Must Cover $8M Water Damage

    A Washington state condominium association accused Allstate of wrongfully denying coverage of an $8 million water damage claim it filed after discovering hidden damage to the exterior of its buildings.

  • August 08, 2024

    Nixon Peabody Hires Community Development Counsel In DC

    When Steven Feenstra, the newest member of Nixon Peabody LLP's the community development finance practice, visited a client's office some 25 years ago, the photos of the community housing projects the client had helped develop made a lasting impression on him, he told Law360 Pulse in an interview Thursday.

  • August 08, 2024

    McElroy Deutsch Seeks To Ax Former CFO's Ch. 11 Case

    McElroy Deutsch Mulvaney & Carpenter LLP urged a New Jersey bankruptcy court Thursday to throw out a Chapter 11 filing from its former chief financial officer, who has been sent to prison for stealing over $1 million from the firm, slamming it as a bad faith "tactical maneuver" to stall ongoing civil litigation.

  • August 08, 2024

    Monroe, Triad Team Up In $300M Collab To Buy Rental Loans

    Asset manager Monroe Capital LLC, advised by Schulte Roth & Zabel LLP, and Triad Financial Services Inc. on Thursday announced that they have formed a partnership with a roughly $300 million asset-based financing pool to originate and buy commercial community rental loans made to owners of manufactured housing communities.

  • August 08, 2024

    Former In-House Atty Says Mortgage Co. Was 'Oppressive'

    A former staff attorney for mortgage company Newrez LLC alleges in a Texas state court lawsuit made public this week that she was terminated last year after witnessing a deputy general counsel engage in sexually inappropriate conduct with an intoxicated subordinate attorney at a work-related gathering.

  • August 08, 2024

    Community Insurance Can Plug NFIP Gaps, Expert Says

    Community-based flood insurance can help cover insurance gaps and provide fast insurance relief to towns and cities at risk of flooding, UC Davis researcher and former Federal Emergency Management Agency engineer Kathleen Schaefer tells Law360.

  • August 08, 2024

    Ohio Board OKs Valuing Residence At Private Sale Price

    An Ohio home was overassessed, the state's tax appeals board said, finding that the property's recent sale was an arm's-length transaction and should be considered when valuing it.

  • August 07, 2024

    Top Illinois Real Estate News In 2024 So Far

    Catch up on the hottest real estate news out of Illinois so far this year, from brokerages' market forecasts and a casino deal to a $7 billion mixed-use project and a new stadium.

  • August 07, 2024

    Fintech Firm Says Plaintiff Is 'Forum Shopping' With NC Suit

    Fintech company Figure Lending is urging a North Carolina federal judge to toss a proposed class action over its home equity lines of credit, saying the plaintiff who brought the case is forum shopping with insufficient claims that have been dismissed in other courts. 

  • August 07, 2024

    Fed. Circ. Sides With Landlords Over COVID-19 Eviction Ban

    The Federal Circuit ruled Wednesday that the Centers for Disease Control's COVID-19 eviction ban was a physical taking, teeing up a potential Supreme Court challenge.

  • August 07, 2024

    Biden Trampled Free Speech With Israeli Sanctions, Suit Says

    A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.

  • August 07, 2024

    Fund Seeks Forced Sale Of Long-Stalled Baltimore Project

    A Boston-based investment fund that backs development projects in disadvantaged communities is seeking to recoup $13 million it poured into a stalled mixed-use project in Baltimore, including through a forced sale, according to a complaint filed in Massachusetts state court.

  • August 07, 2024

    Nixon Peabody Real Estate Atty Returns To Boston Office

    Nixon Peabody LLP rehired R. Lindsay Wilson II for a counsel position on its affordable housing and real estate team in Boston, the firm announced Wednesday.

  • August 07, 2024

    AARP, Trade Groups Provide Deed Fraud Prevention Tips

    AARP and trade groups for the real estate, mortgage, notary, and property records industries posted a news brief containing tips to prevent deed fraud.

  • August 07, 2024

    Ahead Of Due Date, Land Use Attorneys Steer NY Casino Bids

    Applicants for three up-for-grabs New York casino licenses are not expected to formally submit for consideration until next year, but real estate developers working on 11 proposals that have been announced are laying the groundwork, including by engaging law firms.

  • August 07, 2024

    Texas Last-Resort Insurer Approves 10% Rate Hike

    Texas' windstorm insurer of last resort approved a 10% rate hike subject to state approval following expectations that Hurricane Beryl and other spring storm claims will significantly deplete the insurer's $451 million catastrophe reserve trust fund.

  • August 07, 2024

    NJ AG, Data Biz Say Judicial Privacy Law Is Constitutional

    The New Jersey Office of Attorney General stepped in to defend the judicial privacy measure Daniel's Law this week, arguing alongside a data privacy company in federal court that a group of data brokers accused of violating it are relying on "hypotheticals and edge cases" to claim the law is unconstitutional.

  • August 07, 2024

    Mortgage Banker Says Experian Can't Tie Him To 'Sham' Suits

    A New Jersey-based licensed mortgage banker is urging a California federal judge to let him escape Experian's suit alleging that he helped credit reporting law firms identify clients and created false evidence of a mortgage denial in a nationwide scheme to "extort" the credit reporting agency into settling "sham" lawsuits.

  • August 07, 2024

    CFPB Backs Homeowners In Nationstar Mortgage Fee Suit

    The Consumer Financial Protection Bureau asked a Washington federal court to allow it to file a brief in support of a proposed class action accusing Nationstar Mortgage of illegally charging fees whenever homeowners request payoff statements for their loans.

  • August 07, 2024

    Miami Realtors CLO Preps Members For New Broker Rules

    In a recent conversation with Law360 Real Estate Authority, Miami Assocation of Realtors Chief Legal Counsel Evian White De Leon discussed how the largest local Realtor group in the country is readying its members for the Aug. 17 enactment of new broker rules that the NAR agreed to in a $418 million legal settlement earlier this year.

  • August 07, 2024

    Rising Star: Troutman Pepper's Alana T. Sliwinski

    Alana Sliwinski of Troutman Pepper Hamilton Sanders LLP has guided multiple high-profile and climate-focused public-private partnerships in her career, most recently playing a pivotal role in the $7 billion construction of Terminals 1, 2 and 3 at the John F. Kennedy International Airport, earning her a spot among the construction law practitioners under age 40 honored by Law360 as Rising Stars.

Expert Analysis

  • Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • Illinois EV Charging Act Sparks Developer Concerns

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    A recent state law in Illinois requiring multifamily housing to provide facilities for electric vehicle charging raises significant concerns for developers over existing infrastructure that isn't up to the task, says Max Kanter at Much Shelist.

  • What NAR Settlement Means For Agent Commission Rates

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    If approved, a joint settlement agreement between the National Association of Realtors and a class of home sellers will likely take the onus off home sellers to compensate buyers' agents, affecting considerations for all parties to real estate transactions, say attorneys at Jones Foster.

  • Calif. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of the year brought the usual onslaught of new regulatory developments in California — including a crackdown on junk fees imposed by small business lenders, a big step forward for online notarizations and a ban on predatory listing agreements, says Alex Grigorians at Hanson Bridgett.

  • 2nd Circ. Ruling Clarifies When Demand Letters Are Claims

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    The Second Circuit’s decision last week in Pine Management v. Colony Insurance, affirming that an insurer had no obligation to defend an insured for claims made before the policy period, provides clarity on when presuit demands for relief constitute claims — an important issue that may be dispositive of coverage, says Bonnie Thompson at Lavin Rindner.

  • Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Preparing For Possible Calif. Criminal Antitrust Enforcement

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    Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.

  • Conn. Loan Law Tweaks May Have 3 Major Effects On Lenders

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    Recently proposed minor amendments to Connecticut’s consumer protection laws could nonetheless mean major and unexpected changes to state consumer financial services regulations that dictate how lenders and their customer-facing service providers handle fee payments, mortgage servicer licensing and private student loans, says Jonathan Joshua at Joshua Law Firm.

  • Document Retention Best Practices To Lower Litigation Risks

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    As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.

  • Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.