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News & Analysis as of May 24, 2013

Barbara Knoflach, CEO of SEB Asset Management, on the rise of cross-border real estate investment
Ventas' Debra Cafaro on why the Health Care asset class is well positioned in today's economy
Jeffrey DeBoer on the intersection of Washington and commercial real estate
Navigating the Winds of Change in Commercial Real Estate
California Commercial Building Owners Must Disclose Energy Usage of the Building During Sale, Lease or Financing after July 1, 2013
Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases
Transbay Tower Groundbreaking
Bisnow/Allen Matkins - LA Property Management - Patrick Lacey, Property Management Associates
Bisnow/Allen Matkins - LA Property Management - Kevin Kirn, Health Care REIT, Inc.
Bisnow/Allen Matkins - LA Property Management - John Fucci, Kilroy Realty
Bisnow/Allen Matkins - LA Property Management - Charlie Hobey, Equity Office
Bisnow/Allen Matkins - LA Property Management - Brian Plymell, Hines
Which environmental regs may impact your development projects?
California Commercial Real Estate Forecast - Industrial & Multifamily Remain the Bright Spot in the Winter 2013 Allen Matkins/UCLA Anderson Survey Results
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Winter 2013 Survey Reveals Dip in Developer Sentiment
California Commercial Real Estate Forecast - Allen Matkins/UCLA Anderson Survey Results Reveal Tension Between Developer Sentiment & Action
Former Congressman Steve Bartlett Joins the LEVICK Team
Taking it Seriously: Unusual Lease Violations in Virginia
Understand both sides' interests to get best results for your clients
"Bisnow/Allen Matkins LA Industrial and State of the Ports - " Mark Payne

CEQA Litigation: The Cost Of Doing Business In California

by Peter Bauman - Senior Associate at Tharpe &... on 5/23/2013

There has been a lot of news lately on the costs of CEQA litigation, as well as the potential for the statute to be used as a tool to stop development, good or bad, or exact concessions or pay-offs. What is CEQA? CEQA, or...more

Can an Intervening Insurance Company Sue for Breach of Contract?

by Peter Bauman - Senior Associate at Tharpe &... on 5/22/2013

If a party in litigation has a default judgment entered against it, can its insurance company still file a motion to intervene and use the same defenses that would have been available to the insured if not procedurally barred...more

How Graphics Helped a Trial Team Show Complex Data and Win

by Cogent Legal on 4/12/2013

I love hearing the news that one of our clients had a great result using the work we did for them. The most recent big win I’m happy to report is Manatt, Phelps & Phillips, LLP, won a major lender liability/wrongful...more

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

by Melissa Brill, Kellyn Muller | Cozen O'Connor on 4/5/2013

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

Prompt Payment of An Appraisal Award Bars Bad Faith Per Austin U.S. District Court, Although Some Acts By An Insurer May Leave The...

by Nejat Ahmed | Cozen O'Connor on 3/21/2013

The United States District Court for the Western District of Texas in Austin recently held that an insurer’s timely payment of an appraisal award bars the insured’s extra-contractual tort claims. Michels v. Safeco Ins. Co. of...more

Arbitrate, don't surrender!

by Thomas Valkenet on 3/19/2013

One-sided arbitration clauses don't survive judicial scrutiny in Maryland's state and federal courts. Maryland contract law will not enforce an arbitration clause lacking mutuality of consideration....more

The Unintentional Business Partnership & Liability For New Post-Dissolution Obligations

by Pavlack Law, LLC on 3/1/2013

This week we examine the unintentional creation of business partnerships, liability for obligations incurred after dissolution of a partnership, and take a look at partnership by estoppel. This is done through the context of...more

North Carolina Securities Act Claims Take Shape In The Business Court

by Mack Sperling | Brooks Pierce on 2/26/2013

There is little case law under the North Carolina Securities Act. But last week, in NNN Durham Office Portfolio 1, LLC v. Highwoods Realty Limited Partnership, 2013 NCBC 12, Judge Gale took several steps into that uncharted...more

Maryland establishes tort duty of care for title companies

by Thomas Valkenet on 1/30/2013

On January 29, 2013, the Maryland Court of Appeals issued a decision that your title company can now be sued for negligent title searching, and for preparation of an incorrect or incomplete title commitment. This duty of...more

MARYLAND TITLE COMPANY CAN BE LIABLE IN NEGLIGENCE FOR TITLE SEARCH ERRORS

by Harry Levy on 1/30/2013

Does a title company owe a tort duty of care to its customer when conducting a title search? And, if such a duty exists and is breached, is a title insurance company vicariously liable for the title company’s negligent title...more

Proving lost profits in a busted market for your Maryland case.

by Thomas Valkenet on 1/14/2013

Proving lost profits can depend on whether loss is measured "at the time of the breach," or based on future events and conditions anticipated by the parties to a contract. In Tower v. Tower, decided in November, 2012,...more

Letters Of Intent: Binding Or Not?

by Peter Bauman - Senior Associate at Tharpe &... on 12/25/2012

Be careful, your Letters of Intent may be binding unless drafted properly. That’s the message from a 2011 case First National Mortgage Co. v. Federal Realty Investment Trust, 631 F.3d 1058 (February 1, 2011). Companies...more

Useless Attorneys’ Fees – The Importance of Understanding Florida’s Rules of Civil Procedure

by Bilzin Sumberg Baena Price & Axelrod LLP on 10/23/2012

On September 19, 2012, the Third District Court of Appeals decided that a first party plaintiff could not prosecute a claim against a third party defendant in Brady v. P3 Group (LLC) and Hypower, Inc....more

It's A First: Fiduciary Duty Claim Sticks Against A Bank

by Brooks Pierce on 10/3/2012

For the first time that I am aware of, the Business Court has found a Complaint to sufficiently allege a breach of fiduciary duty claim against a bank, in today's opinion in WNC Holdings, LLC v. Alliance Bank & Trust Co....more

Insurance Coverage For Long Tail Injuries In California

by Peter Bauman - Senior Associate at Tharpe &... on 9/14/2012

The California Supreme Court recently ruled, in a case involving environmental damage at a State controlled waste site, that multiple insurers, who provided coverage to the State at different periods between 1964-1976, are...more

Buyer Beware: Court Decision Highlights Importance of Performing Careful Diligence

by Sheppard Mullin Richter & Hampton LLP on 9/11/2012

In Princes Point LLC v. AKRF Engineering, P.C., No. 601849/2008 (N.Y. Sup. Ct. Jul. 13, 2012), Judge Charles Edward Ramos granted a motion for summary judgment dismissing plaintiff’s claims of fraud, negligent...more

Attorney's Participation in a Presentation to Potential Real Estate Investors Did Not Create a Duty Actionable Under Section 10(b)...

by Katten Muchin Rosenman LLP on 8/31/2012

The US Court of Appeals for the Seventh Circuit last week denied federal securities and related state law claims by a group of investors, which were brought against attorneys for statements made during a presentation...more

Summer 2012 Litigation Update

by Jonathan Frank on 8/31/2012

This is a summary of litigation results for the first half of 2012, including commercial real estate litigation, breach of contract litigation, business tort litigation, and shareholder litigation....more

A Lender’s Claim For “Bad Faith” Waste Is Actionable Notwithstanding Antideficiency Statutes Unless The Waste Results From...

by Kronick, Moskovitz, Tiedemann & Girard on 8/29/2012

A California Court of Appeal recently held that notwithstanding the antideficiency statutes, the holder of a note and deed of trust that exercises the power of sale may bring an action for bad faith waste and impairment of...more

Robert Freedman - Partner at Tharpe & Howell,...

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