Real Estate Law Community

Podcast: Selena J. Linde Discusses Hurricane Irene and Insurance Coverage Issues

Tue, 30 Oct 2012 09:03:00 -0400

[Originally published 08/31/2011]

On this edition, Selena J. Linde of Perkins Coie in Washington, D.C. discusses insurance claims arising from Hurricane Irene. She reviews business interruption and contingent business interruption claims, differences between flood and hurricane damage and steps companies should take to maximize recovery.

Readers can obtain find additional resources on hurricane and flood insurance coverage and free downloads at Insurance Implications in the Wake of Hurricane Irene.

Podcast: Mike Hensley on California Mechanics Lien Statutes

Fri, 26 Oct 2012 13:00:00 -0400

On this edition, William M. (Mike) Hensley, contributing member to the Editorial Board of Matthew Bender's California Real Estate Reporter, discusses the most significant legislative changes to California's mechanics lien statutes over the past couple of years. He reviews the most significant decision in the mechanics lien area for 2012 and looks ahead to possible future issues. Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/realestatelaw/.

Podcast: Michael Allan Wolf Helps Commemorate the 125th Anniversary of Matthew Bender

Fri, 28 Sep 2012 13:00:00 -0400

On this edition, Michael Allan Wolf discusses his affiliation with Matthew Bender. Professor Wolf is Richard E. Nelson Chair in Local Government Law at the Levin College of Law, University of Florida and is the General Editor of Powell on Real Property® and Powell on Real Property®: Michael Allan Wolf Desk Edition.

He talks about how he became involved writing for Powell and some of the most enjoyable aspects of publishing with Matthew Bender. Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/realestatelaw/.

Podcast: Fair and Responsible Lending Risk Assessments

Mon, 24 Sep 2012 13:00:00 -0400

On this edition, Valerie Hletko, Benjamin Saul and Amanda Raines of BuckleySandler in Washington, D.C. discuss the importance of institutions conducting fair and responsible lending risk assessments and how these assessments address unfair, deceptive and abusive practices. For more on this topic, please refer to Buckley Sandler's Emerging Issues Analysis, "Saul, Raines and Wiles on Non-Mortgage Fair Lending Risk Assessments," by Benjamin P. Saul, Amanda M. Raines and Ann D. Wiles, available from LexisNexis (2012 Emerging Issues 6568). Copyright© 2012 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/realestatelaw/.

Podcast: Brad Marten on the U.S. Supreme Court Decision in Sackett v. EPA.

Fri, 30 Mar 2012 11:52:00 -0400

Mark Bennett, Leanne Tobias and David Freeman on ASTM's Building Energy Performance Assessment Standard.

Thu, 07 Jul 2011 13:00:00 -0400

On this edition, Mark Bennett of Miller Canfield, Leanne Tobias of Malachite LLC and David Freeman of Paul Hastings LLC discuss ASTM's Building Energy Performance Assessment Standard (BEPA). They provide an overview of the standard, review how it affects the interest of real estate owners to undertake energy-efficient upgrades and how implementation is progressing. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/realestatelaw/.

Special Issues in Chapter 11 Cases Involving Real Estate Businesses, featuring David Kuney

Fri, 24 Jun 2011 08:05:00 -0400

David R. Kuney, of Sidley Austin LLP, examines the important legal issues that arise in Chapter 11 real estate cases. He examines how bankruptcy cases have changed over the years and discusses developments in the new value exception to the absolute priority rule. He also discusses the impact of several recent cases and examines possible trends as to real estate business Chapter 11 filings. Mr. Kuney authored a chapter on the subject for Collier Guide to Chapter 11 Cases: Key Issues and Selected Industries, available from LexisNexis. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Visit www.lexisnexis.com/community/bankruptcylaw.

Jonathan Cannon on the Federal Reserve Board's New Rules for Loan Officer Compensation.

Fri, 27 May 2011 13:00:00 -0400

On this edition, Jonathan Cannon of BuckleySandler LLP's Los Angeles office discusses the Federal Reserve Board's new compensation rules for mortgage loan officers that went into effect in April 2011. He analyzes details of the new rules, some of their grey areas, penalties and risks of noncompliance and provides some best practices to prevent inadvertent noncompliance. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/realestatelaw/.

Thomas Clarke Discusses Materials on the Toxic Tort Horizon, including Chinese Drywall

Thu, 12 May 2011 13:56:00 -0400

Supreme Court - Wyoming Farmers/Ranchers Did Not Violate Water Pact by Using Sprinkler Irrigation that Affected the Yellowstone River

Wed, 11 May 2011 10:01:00 -0400

The Supreme Court finds modern irrigation methods do not violate the water rights of several states, and, a class action lawsuit seeks $50 million from Google for tracking cell phone users' locations. Hear these and other stories from LexisNexis® Mealey's Publications. Copyright© 2011 LexisNexis, a division of Reed Elsevier Inc. For the latest litigation news headlines, visit www.lexisnexis.com/mealeys or www.lexisnexis.com/community.

The U.S. Supreme Court on May 2 held that Wyoming farmers and ranchers are not violating a 1950s water pact with Montana by using modern sprinkler irrigation that returns less runoff water to the Yellowstone River system used by Montana's farmers and ranchers (State of Montana v. State of Wyoming and State of North Dakota, 22O137 ORG, U.S. Sup.). Rights to water in the Powder and Tongue rivers, which flow from Wyoming to Montana, as well as other parts of the Yellowstone River system, are governed by the Yellowstone River Compact.

The State of Montana brought an action against the State of Wyoming alleging that Wyoming violated the compact by allowing its users of river water to alter their irrigation systems which resulted in less water being returned to the river for use by downstream users in Montana. Montana filed an exception to the report of a Special Master which found that Montana failed to state a claim.

Delivering the high court's opinion, Justice Clarence Thomas said that because the compact incorporates the ordinary doctrine of appropriation without significant qualification, and because in the two states that doctrine allows the appropriators to improve their irrigation systems, Montana's increased efficiency allegation fails to state a claim for breach of the compact. Certain types of changes in water use can occur even though they may harm downstream appropriators. For instance, an appropriator may increase his consumption by changing to a more water-intensive crop so long as he makes no change in acreage irrigated or amount of water diverted. Ordinary, day-to-day operational changes or repairs also do not violate the no-injury rule. Consumption can even be increased by adding farm acreage, so long as that was part of the plan from the start, and diligently pursued through the years. "Improvements to irrigation systems seem to be the sort of changes that fall outside the no-injury rule as it exists in Montana and Wyoming," Thomas stated.

Dissenting, Justice Antonin Scalia said the compact's "focus on whether a use depletes a river's water supply - not whether it diverts the river's flow - significantly limits the volume of water to which Wyoming is entitled."

Lexis.com subscribers can access the Lexis enhanced version of the Montana v. Wyoming, 2011 U.S. LEXIS 3369 (U.S. May 2, 2011) decision with summary, headnotes, and Shepard's.

Lexis.com subscribers can access the transcript of the oral arguments in the United States Supreme Court at MONTANA, Petitioner v. WYOMING AND NORTH DAKOTA, 2011 U.S. Trans. LEXIS 1 (U.S. Trans. 2011).

Lexis.com subscribers can access the briefs filed in the United States Supreme Court at MONTANA v. WYOMING, 2008 U.S. Briefs 137 and MONTANA v. WYOMING & NORTH DAKOTA, 2007 U.S. Briefs 137.

Access the Treatise Waters and Water Rights (Matthew Bender) on lexis.com.

Learn more about the Treatise Waters and Water Rights (Matthew Bender) at The Store.

Non subscribers can access the free unenhanced version of the Montana v. Wyoming, 2011 U.S. LEXIS 3369 (U.S. May 2, 2011) decision available from lexisONE Free Case law.

For more information about LexisNexis products and solutions connect with us through our corporate site.

BuckleySandler attorneys on Robo-Signing Redux: Bankruptcy Courts as the Next Battleground

Fri, 08 Apr 2011 13:00:00 -0400

On this edition, BuckleySandler LLP attorneys Jonice Gray Tucker, Lauren R. Randell and Thomas Dowell discuss how bankruptcy actions may be impacted by the types of issues currently plaguing servicers in the foreclosure context. Topics include issues related to the accuracy of affidavits, reliability of proofs of claim submitted in bankruptcy cases, chain of title and best practices. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/realestatelaw/.

Kirk Jensen and Jeff Naimon on the Servicemembers Civil Relief Act (SCRA)

Fri, 04 Mar 2011 13:00:00 -0400

On this edition, Kirk Jensen and Jeff Naimon of BuckleySandler LLP in Washington, D.C. discuss the Servicemembers Civil Relief Act (SCRA). They discuss how military servicemembers are protected by the act, the types of financial obligations affected by the act, including mortgages, which have been in the news lately, how a serviceman's military status is made known to a creditor, penalties for violating the act, and efforts the new Consumer Financial Protection Board will be taking to protect military members. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/realestatelaw/.

Steven J. Wernick of Bilzin Sumberg Baena Price & Axelrod LLP on Smart Growth

Wed, 26 Jan 2011 13:00:00 -0400

On this edition, Steven Wernick of Bilzin Sumberg LLP discusses the principles of Smart Growth development. He talks about government action to promote Smart Growth planning, trends in local policies to implement Smart Growth and analysis courts use when Smart Growth requirements are challenged. Mr. Wernick has recently authored the chapter - Smart Growth - that appears in Powell on Real Property, which is available from LexisNexis. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/realestatelaw/.

Michael Allan Wolf on the U.S. Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection

Wed, 28 Jul 2010 13:00:00 -0400

On this edition, Michael Allan Wolf, Richard E. Nelson Chair in Local Government Law at the Levin College of Law, University of Florida, discusses what real estate practitioners can learn from the U.S. Supreme Court's decision in Stop the Beach Renourishment, Inc. v. Florida DEP and what it suggests about policies affecting the Oil Spill in the Gulf of Mexico. Topics include avulsion, accretion, and the possibility of "judicial taking." (An emerging issues analysis of this case by Michael Allan Wolf is available on Lexis (2010 Emerging Issues 5148)). Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit http://www.lexisnexis.com/community/realestatelaw/.

Leonard Goldberger of Stevens and Lee on Bankruptcy in Chinese Drywall Litigation

Fri, 04 Jun 2010 07:55:00 -0400

Leonard Goldberger of Stevens & Lee spoke at HB Litigation Conferences' May 18 program on Chinese drywall litigation, specifically on "brewing bankruptcy concerns" in the cases. More information about HB recordings and upcoming events on the subject can be found at LitigationConferences.com. Click and hear what he had to say.

Michael Ryan of Krupnick Campbell on Chinese Drywall Remediation

Fri, 04 Jun 2010 07:39:00 -0400

Michael Ryan of Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee spoke on remediation protocols during HB Litigation Conferences' recent conference on Chinese drywall litigation and insurance coverage. Ryan represents plaintiffs in this complex litigation and once again delivered a candid and colorful presentation for those in attendance. Information about recordings as well as additional programs on the subject can be found at LitigationConferences.com. Click and hear what Ryan had to say.

R. Johan Conrod Jr. of Kaufman and Canoles on 'Legally Obligated' Chinese Drywall Insurance Case

Fri, 04 Jun 2010 07:34:00 -0400

From the insurance coverage disputes arising from the Chinese drywall litigation came a ruling by Judge Rebecca Beach Smith of the U.S. District Court in Norfolk, Va. recognizing that remediation costs are not covered absent a legal obligation but, for now, declining to rule on the issue of whether a suit or judgment against the insured is required (Builders Mutual Insurance Co. v. Dragas Management Corp.). During HB Litigation Conferences' recent Chinese Drywall litigation and insurance coverage conference, policyholder attorney R. Johan Conrod Jr. , Kaufman & Canoles of Norfolk, Va., discussed the ruling, "legally obligated to pay as damages," the "plain meaning" of insurance contracts and more. Hear what he had to say. More info about recordings and upcoming evens on the subject can be found at www.LitigationConferences.com.

Julia Wei on judicial and non-judicial foreclosures in California

Tue, 11 May 2010 13:00:00 -0400

On this edition, Julia Wei of the Law Offices of Peter N. Brewer in Palo Alto, discusses judicial and non-judicial foreclosures in California, why a private lender might choose one over another and common misunderstandings people have about what happens after a foreclosure sale. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/community.

Supreme Court rules lower court erred in stopping land transfer under a cross

Fri, 30 Apr 2010 08:00:00 -0400

The U.S. Supreme Court finds a lower court erred in stopping the transfer of land under a cross, and, a Minnesota federal judge rejects a plea agreement in a manufacturer's heart device criminal case. Hear these and other stories from LexisNexis® Mealey's™ Publications. Copyright© 2010 LexisNexis, a division of Reed Elsevier Inc. For the latest litigation news headlines, visit www.lexisnexis.com/mealeys.

[View:http://www.lexisnexis.com/mealeys/podcasts/LNPODCAST_042910.mp3]

Lexis.com subscribers can view the enhanced version of Salazar v. Buono, 2010 U.S. LEXIS 3674 (U.S. Apr. 28, 2010)

Non-subscribers can use lexisOne's Free Case Law search to view the free, un-enhanced version of Salazar v. Buono, 2010 U.S. LEXIS 3674 (U.S. Apr. 28, 2010)

Jeff Kray of the Marten Law Group on Climate Change and Water Resources

Tue, 22 Dec 2009 13:00:00 -0400

On this edition, Jeff Kray of the Marten Law Group discusses issues addressed in the chapter he authored in the new LexisNexis Waters and Water Rights Third Edition, including adapting water resources to climate change, the water footprint and rainwater harvesting. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/communities.

Michael Allan Wolf, of the Levin College of Law, University of Florida on Private Nuisance Cases and his annual "Dirty Dozen"

Thu, 03 Dec 2009 13:00:00 -0400

On this edition, Michael Allan Wolf, General Editor of Powell on Real Property and the new Powell on Real Property: Michael Allan Wolf Desk Edition, discusses two recent nuisance cases that were included in his Dirty Dozen, an annual "best of" review of unique real property decisions from state high courts. See Dr. Wolf's chapter on nuisance from the Desk Edition, available as a free download on the Real Estate Law Center. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. Visit www.lexisnexis.com/communities.

Michael Allan Wolf, of the Levin College of Law, University of Florida on Green Building Practices

Fri, 18 Sep 2009 13:00:00 -0400

On this edition, Michael Allan Wolf, Richard E. Nelson Chair in Local Government Law at the Levin College of Law, University of Florida, discusses green building practices, advantages and disadvantages of the LEED rating system, and potential legal complications. Dr. Wolf is the author of the Green Buildings chapter in Powell on Real Property®, of which he is general editor, and is general editor of the new Powell on Real Property®: Michael Allan Wolf Desk Edition. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc.

Mark Bennett on the ASTM development of a proposed new standard for collecting and disclosing building energy use information in real estate transactions

Wed, 26 Aug 2009 13:00:00 -0400

On this edition, Mark Bennett of Miller Canfield in Detroit discusses ASTM's development of a proposed new standard for the collection and disclosure of energy use information associated with buildings involved in real estate transactions, California Assembly Bill 1103 and transactional energy disclosures. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc.

Christopher Martz on the Effects of Non-Judicial Foreclosure on Tenant-Occupied Property

Tue, 18 Aug 2009 13:00:00 -0400

On this edition, San Francisco attorney Christopher Martz discusses the impact of the Protecting Tenants at Foreclosure Act 2009 on residential leases. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc.

LexisNexis® Real Estate Law Center Podcast featuring Eric Damian Kelly, Vice President of Duncan Associates on vested rights as applied to land-use controls

Tue, 09 Jun 2009 13:00:00 -0400

On this edition, Eric Damian Kelly, Vice President of Duncan Associates and Professor at Ball State University discusses vested rights, questions that can arise and what some states have done to protect such rights. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc.