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Real Estate and Land Use - September 2015

Substance Over Form—A Refreshing Application of CEQA Analysis: City of Irvine v. County of Orange (2015) 283 Cal.App.4th 526 - Why It Matters: The Court of Appeal in City of Irvine v. County of Orange elaborated...more

Orrick's Financial Industry Week in Review

ESCB Reports on the Access of CCPs to Central Bank Liquidity Facilities under EMIR - On August 25, 2015, the European Central Bank (ECB) published a report by the European System of Central Banks (ESCB) on the need for...more

When Contract Forms Cause Unintended Consequences

Inclusion of unrevised Standard AIA contract forms in your construction agreements can cause serious unintended consequences. A case decided by the Indiana Supreme Court, Bd. of Comm’rs. Cty of Jefferson v. Teton Corp., 30...more

Supreme Court of Kentucky Provides Guidance on Deduction of Post-Production Costs

On August 20, 2015, the Supreme Court of Kentucky published two opinions addressing questions about the propriety of deduction of certain post-production costs from royalty payments under an oil and gas lease. In Baker v....more

I will survive: Help your reps and warranties endure with a smart survival clause

The desire to protect oneself is human nature. Nowhere is that more obvious than when drafting complex commercial real estate deals, where parties often have conflicting goals regarding liability....more

Making The California Assumption Of Risk Doctrine Work For You

The doctrine of assumption of risk is a legal defense that may operate to relieve a California owner or occupier of and from liability to third parties who are injured on their premises. One species of the doctrine, primary...more

Does a title company owe a duty of care to third parties in the recording of legal instruments?

This is precisely the question that the Ninth Circuit recently certified to the Washington Supreme Court in Centurion Properties III, LLC v. Chicago Title Ins. Co. Facts of the Case - In this case, Centurion...more

MoFo New York Tax Insights - Volume 6, Issue 8 - August 2015

Court Of Appeals Affirms Revocation Of Tax Exemption For Public Parking Facilities - Reversing a decision by the Appellate Division, the Court of Appeals has held in a 5-2 decision that a charitable organization is not...more

Geography, Function and Objective Necessity: a New Approach to Non-Domestic Rates in the Office - Woolway v. Mazars [2015] – One...

Background - The Supreme Court has handed down judgment in a non-domestic ratings case that has overturned the approach to determining hereditaments where there are floors separated by common parts occupied by a tenant...more

Are Liquidated Damages Down the Drain in California?

Liquidated damages can provide parties added incentive to perform all types of contracts, including commercial real estate contracts. But are they enforceable in California? The short answer is that they’re presumed to be...more

Public Records in Massachusetts: Legislature looks to Improve Access and Top Court Clarifies Attorney-Client and Work-Product...

The combined efforts of Massachusetts’ highest court, its legislature, and the Governor’s office are clarifying and modernizing Massachusetts public records law, which is considered by some to be one of the weakest in the...more

EARL e-News: The Uncertain Status of “Stigma Damages” for Property Claims in South Carolina - Updates on Environmental,...

In Chestnut, et al v. AVX Corporation, Appellate Case 2012-212143 (S.C. Supreme Court August 5, 2014), the State Supreme Court was faced with the issue of whether “stigma damages” could apply for environmental contamination...more

Texas Supreme Court Clarifies When Parties to an Oil and Gas Lease May Allocate Post-Production Costs by Agreement

The Texas Supreme Court recently decided Chesapeake Exploration, L.L.C. v. Hyder, providing a notable win for royalty interest holders. In a close 5-4 decision, the Texas Supreme Court held that Chesapeake had improperly...more

California Supreme Court Holds that State Agencies May Not Escape CEQA Mitigation Requirements Based on Failure of the Legislature...

In a decision that enhances the ability of local interests to obtain mitigation funds from state agencies, the California Supreme Court held that the California Environmental Quality Act ("CEQA") requires the Board of...more

Ninth Circuit Reverses Dismissal of Damages Claim in San Diego Contamination Suit

In a decision that may reopen the door to significant damages in a California soil and groundwater contamination suit, the Ninth Circuit reversed a trial court’s dismissal of the City of San Diego’s restoration and real...more

LOIs are nothing to LOL about: A primer on letters of intent

Letters of Intent can be minefields. On the one hand, business people want to use them to tie up a deal. On the other, they don’t want to be bound by them if they want to walk away. As one court explained, “It is a common...more

N.C. Court Reminds Litigants of Need to Preserve "Status Quo" When Appealing Denial of Preliminary Injunction

Today, we're looking at Shoeheel Farms v. City of Laurinburg, COA14-1089 (August 4, 2015). The Court of Appeals dismissed as moot property owners' appeal of a trial court's decision denying a temporary restraining order and...more

Ninth Circuit Interprets CAFA Exception Narrowly, Facilitating Removal in Environmental Tort Cases

Creating a Circuit split, the Ninth Circuit held that a tort case against a Washington corporation did not fall under the so-called “local event” exception to the Class Action Fairness Act (“CAFA”) and, therefore, had been...more

Abu Dhabi Global Markets: New Regulations: Real Estate

Here we consider some key features of the ADGM Real Property Regulations 2015 (“the Regulations”) and highlight topics that may be of interest to our clients operating within the Abu Dhabi Global Market (“ADGM”), which...more

Appellate Court Notes

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Insurance Recovery Law - July 2015 #3

Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy - Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more

No Notice of Mortgage Assignment in Florida? No Problem

Earlier this month, the United States District Court for the Southern District of Florida in Summerlin Asset Mgmt. V Trust v. Jackson decided an issue of first impression regarding whether compliance with Florida Statute...more

NC Court of Appeals Weighs in on Multiple Creditor’s Rights Issues

The NC Court of Appeals has issued a number of opinions this year involving lender foreclosure or collection efforts. Not all of the holdings have been monumental, but there is a common thread of useful principles,...more

(US) Commercial Real Estate Brokerage Agreements: Imprecise Commisson Language Can Cost You

It would be unfair (and likely bad faith) for a property owner to terminate a brokerage agreement prior to entering into a sales agreement or lease just to avoid paying a real estate commission. Yet, if a property owner is...more

Failure to File Post-Trial Motions Waives Issues

A panel of the Commonwealth Court of Pennsylvania held that a taxpayer that did not file post-trial motions waived all issues on appeal. M.C.& P.K. Lees, Inc. v. W.R. Capenos, 215 Pa. Commw. LEXIS 282. The purchaser at a tax...more

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