MARCH 7, 2019
LMA Annual Conference
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Construction & Real Estate News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.
The retail sky is falling.  At least that is how it appears from recent and unprecedented number of retailers filing for bankruptcy. From iconic stores such as Sears and Toys ‘R’ Us, to department stores such as Bon Ton, to mall stores including Brookstone, The Rockport Company, Nine West, among others.  The reasons given for such filings vary as much as their products but one theme seems to be constant — the inability of retailers to maintain “brick and mortar” operating expenses in the era of online shopping.  Accordingly, it appears that what some retailers actually have is a real estate problem.  Read More on Retail Problems Here>
A recent decision in Conover v. Patriot Land Transfer LLC[1] involves what appears to be a run-of-the-mill Section 8 RESPA claim that a title agency supplied borrower leads and data lists in return for lender referrals to the title company. Given that this decision was issued in the context of a motion to dismiss, the well-pleaded allegations were accepted as true and the merits of the allegations (and any Section 8(c) defenses) have not been evaluated, and we don’t know whether the allegations are in fact true or whether section 8(c) defenses exist. The decision sheds some light, however, on how lower courts are approaching RESPA’s statute of limitation and what is a sufficient pleading to pursue an equitable tolling argument for plaintiffs.   More on RESPA Limitations Here>
The everyday conduct of business necessitates activities that involve important environmental requirements and risks. And those activities are commonly accompanied by written agreements that attempt to address those requirements and prevent, mitigate, and allocate those risks. Tim Wilkins and Daniel Pope will discuss several types of common commercial contracts, effective approaches to the key environmental issues that they address, and often-missed opportunities that counsel can utilize to make the most of those agreements.  More on Environmental Issues Here>
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