REAL ESTATE AND CONSTRUCTION
This special section contains articles on: the complexities of affordable housing projects; residential and commercial mortgage loans; malpractice claims against real estate professionals; and liquidated damages clauses in real estate and construction contracts.
October 21, 2019 at 10:00 AM
2 minute read
Access the digital edition here.
Affordable Housing: No Quick Fixes, Please To be effective, any future changes to state affordable housing policy must be accompanied by an effort to create a comprehensive regulatory scheme that includes contributions from and collaboration with the legislature and state agencies. By Irina B. Elgart
'Clogging' and the Dual Collateral Loan: Modern Finance Meets English Common Law Just as a mortgagee is barred from extracting a purchase option from the mortgagor as part of the initial financing transaction, so too is the mortgagor's guarantor. By John M. Marmora
HVCRE Loans: What They Are and What You Should Know It is important for both borrowers and lenders to follow the continuing development of the regulatory framework for "high volatility commercial real estate" loans. By Michael Ostrowsky and Eli Tarlow
Guide to Expert Testimony in Malpractice Cases Against Real Estate Professionals A litigator in a professional liability matter should always consider the importance of expert testimony to establish a duty of care and the pitfalls that may exist if an expert report is not produced. By Christopher Block and Paul Lanza
Liquidated Damages and Stipulated Sums: Excavating the Truth of Liquidated Damages Provisions Attorneys frequently fail to grasp that liquidated damages clauses will be held to violate public policy, and will not be enforced, if they have the effect of punishing a party as opposed to representing actual damages. By Michael F. McKenna and Timothy R. Ryan
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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