So, the big news exciting everyone in the commercial real estate world yesterday was the announcement of CoStar acquiring its rival and sometime litigation adversary LoopNet in a combined stock and cash deal expected to close by the end of 2011. As always, Retail Traffic has excellent coverage of the deal. The two companies are, as far as I know, the biggest national players in the commercial real estate information market. Since I am a lawyer I do not use either service much, other than for news; but on the property information side I do have a preference for one company over...
Supreme Court Decision is Further Evidence of a Radical Pro-Corporate Agenda
In one of the most sweeping victories for corporate interests yet handed down by the Corporate Court under Chief Justice John Roberts, the Supreme Court held yesterday in AT&T Mobility v. Concepcion that the Federal Arbitration Act (FAA) preempts states from protecting consumers and employees from unconscionable corporate contract provisions that require them to waive their rights to class-action arbitration or litigation when the corporation engages in widespread wrongdoing. The Court has essentially given companies a “license to steal” from consumers, and a “license to discriminate” against...
Gay Marriage Foes Attempt Desperate and Bigoted Recusal Motion
Last August, California District Court Judge Vaughn Walker struck down Proposition 8, California's 2008 referendum banning same-sex marriage, as unconstitutional. While the case is on appeal, Prop 8 supporters have filed a motion arguing that Judge Walker's ruling should be vacated because his long-term, same-sex relationship created a conflict of interest requiring recusal from the case. Today on the Washington Post’s website, Adam Serwer dismantles these arguments. Serwer writes that Prop 8 supporters “are reduced to arguing, essentially, that Walker’s ruling should be vacated because he...
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ethics
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gay marriage
Supreme Court Reviews City Councilman’s Recusal Decision Even as Justices Oppose Review of Their Own
Tomorrow, the Supreme Court will hear oral arguments in Nevada Commission on Ethics v. Carrigan. The case will determine the validity of a state statute requiring legislators to recuse themselves from voting on measures in which they have a conflict of interest. Ironically, while accepting a case to evaluate recusal standards for legislators, the justices oppose any oversight of their own recusal decisions. Michael Carrigan, the respondent in this case, is a member of the City Council of Sparks, Nevada. Carrigan’s vote in favor of the construction of a hotel-casino was challenged on the...
CRE, Liquidity, NATO and Social Media
How do you get these three things into one blog post? Read on.A somewhat encouraging article this morning on increased liquidity and demand for commercial real estate lending makes me happy. As loans and properties reposition themselves one way or another, lenders have more ability to move money around as the balance improves. So more people -- alas, usually not the original owner in many cases -- make money. The banks can lend again, the buyers of notes can reposition themselves as owners or restructured lenders...you get the picture. And we lawyers negotiate all that stuff,...
Senate Leaders Agree on Plan to Streamline the Confirmation of Executive Branch Nominees
Yesterday's New York Times reported on bipartisan legislation that would cut the number of executive branch positions requiring Senate confirmation votes. The proposal would eliminate Senate review for about 200 mid-level executive branch positions.The bill, S. 697, was introduced by Senator Charles Schumer (D-NY) and is cosponsored by seven Republicans and seven Democrats, including Senate Majority Leader Harry Reid (D-NV) and Senate Minority Leader Mitch McConnell (R-KY). The bill's supporters say "they want to ease what they call an arduous chore for mid-level nominees trying to navigate the...
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executive nominees
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judicial nominations
On the Other Hand, the Good News Department - Local Retail Vacancies Below 10%
THIS is what I want to read. And my retail developer clients want to read it even more. Thank you Crains and thank you CBRE for the optimistic report. The even better news? Net asking rents are up about 3% from the previous quarter. So even though some retailers want to curb store size (Kohl's being the latest big box to join the trend, according to this WSJ piece today), they will want the store fronts. Let's see if it hold...
The CRE Market - Good News and Bad News on Deal Volume
Jones Lang LaSalle has a capital markets research report out that says commercial real estate volumes surged to just under $90 billion in the first quarter of 2011. I guess that is good news.But the surges were mostly in Asia, with Japan being the biggest player there. (This was before the earthquake, tsunami and nuclear accident, by the way.) Europe? Activity slowed compared to Q4 of 2010. Year end deals? Ditto the Americas: a "modest drop-off." JLL takes pains to say that the worldwide volume is still up from Q1 2010, but then there was nowhere to go but...
Long Term Health Effects of Oil Spill Remain Murky
While it is clear that the Gulf oil spill took an immeasurable toll on the ecosystem and natural resources of the Gulf region, the spill’s effect on the health of residents and cleanup workers remains largely unknown. What is known is that over 200 million gallons of oil, as well as approximately 1.84 million gallons of dispersants used in an attempt to break up the oil were dumped into the Gulf of Mexico. There have been widespread reports of symptoms like headaches, eye irritation, nausea, and coughs by residents and cleanup workers, which they attribute to exposure to oil and/or the chemical...
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crude justice
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deepwater horizon
Supreme Court Set to Hear Halliburton Securities Fraud Case
The Supreme Court will hear oral arguments in Erica P. John Fund v. Halliburton on Monday. At stake is the ability of investors to hold corporations accountable for deceptive practices designed to inflate stock prices. The Court must decide whether a plaintiff in a securities fraud action will only obtain certification of a class action if the plaintiff establishes by a preponderance of the evidence that a corporate defendant’s correction of its false statements caused its stock price to drop. The Erica P. John Fund claims that Halliburton made false statements that harmed investors...
One Year After Spill, BP Tries to Shift Blame from Itself
Oil Giant Claims Transocean Caused the Deepwater Horizon DisasterOne year after the worst oil spill in history, the responsible party commemorated the occasion by pointing the finger at the other companies involved. Yesterday, BP sued Transocean for over $40 billion, including punitive damages, trying to shift blame from itself onto Transocean and the other companies that operated the well.BP also brought claims against Cameron International, the company that manufactured the faulty blowout preventer, Halliburton, the company that made the allegedly faulty cement casings, as well as other companies.BP’s...
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crude justice
Tell Congress: Don't let the Court protect corporate polluters
Last year, Americans watched in horror as the Deepwater Horizon oil rig exploded in the Gulf of Mexico and oil gushed from the ruptured wellhead for three months. The explosion took the lives of 11 rig workers, and the millions of barrels of crude oil that spilled into the waters of the Gulf disrupted the livelihoods of residents who depend on the Gulf ecosystem for their income and survival.The Exxon Valdez disaster in Prince William Sound, Alaska, is a haunting predecessor to the calamity in the Gulf. After almost 20 years of litigation, the U.S. Supreme Court cut down the punitive damages...
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crude justice
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exxon v. baker
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supreme court
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the corporate court
Get Your Malls for Sale!
Just one quick note: today's Wall Street Journal had a good piece on the big boys selling portions of their mall portfolios. Take a look here. And have a great Wednesda...
Avoiding the Appearance of Impropriety
In my legal career I have lived by certain standards. One of them is to not just avoid improprieties, as all lawyers should, but to also avoid situations that even create an appearance of impropriety. (I know at least one person who disagrees that I do so, but s/he is, in a word, wrong.)Case in point: I serve on my local library board and am a director of my homeowners association. I also have the privilege of having been appointed to the county's regional planning commission, which studies and makes recommendations about macro land use issues in the area. Because of that appointment I have...
Waiting for judges
In a recent editorial, the Chicago Tribune tackled the growing problem of judicial vacancies by asking the question, "If you wanted to leave your job and your boss asked if you could stick around until your replacement was chosen, how long would you be willing to wait? A week? A month?"It's a problem faced by many federal judges nearing retirement. With soaring caseloads, many courts simply can't afford to go without a judge, and the Senate has been painfully slow to confirm nominees.The editorial asks:What's the holdup? As is often the case these days in Washington, it's partisan politics....
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judicial selection
Gulf Coast victims continue to face obstacles
One year after the massive oil spill in the Gulf of Mexico, many are assessing the process of recovery for those who suffered economic losses or property damage. Alliance for Justice released a report today which provides detailed analysis of the continuing struggle for fair and timely compensation one year after the Gulf oil spill, and investigates whether the legal system is working fairly to provide those affected with adequate compensation.The New York Times reported yesterday that many affected by the Gulf spill have attempted to file a claim with the Gulf Coast Claims Facility (GCCF), only...
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crude justice
The Myth of "Spillionaires"
Last week, Kim Barker wrote an article that ran in the Washington Post claiming that the oil spill has delivered a "gusher of money," creating a new class of "Spillionaires." The article cites a handful of examples of companies that received windfalls from BP thanks to corrupt local officials who secured lucrative contracts with the companies for political supporters. Barker’s article, Spillionaires are the New Rich after BP Oil Spill Payouts, paints a picture suggesting that the spill was lucrative for many, if not most, Gulf coasters.But is it true that the most people who are choosing...
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crude justice
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deepwater horizon
Supreme Court Set to Hear Oral Arguments in Global Warming Case
The Supreme Court will hear oral arguments tomorrow in American Electric Power v. Connecticut. At stake is the ability of citizens to stop corporate polluters from emitting harmful greenhouse gases. The Court must decide whether states and private parties can sue utility companies to cap global warming emissions. Eight states (now six after the Republican governors of New Jersey and Wisconsin withdrew), the City of New York, and three private land trusts allege that greenhouse gas emissions that cause global warming constitute a public nuisance for which polluters should be liable under common...
Kagan Dissent Demonstrates Strong Counterweight to Scalia
Justice Elena Kagan’s first published dissent -- in Arizona Christian School Tuition Organization v. Winn, a case concerning the ability of citizens to sue the government for violations of the First Amendment’s establishment clause -- demonstrated a strong rhetorical flourish that has caught the attention of many court observers. Arizona had passed a law allowing citizens to receive a tax credit of up to $500 for contributions to school tuition organizations that give scholarships to children attending religious schools. If the contributions had been made directly from the government, it...
New York Times Slams Corporate Court for Backing Wealthy Special Interests Over Campaign Finance Reforms
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National Equal Pay Day and the Fight for Fairness
by Leah TingleySome may say the earlier you fall behind, the longer you have to catch up. Unfortunately, most women fall behind in earnings right out of the starting block and fight for decades to catch up to their male counterparts. In fact a recent report entitled, Women In America, prepared for the White House Council on Women and Girls, notes, “At all levels of education, women earned about 75% of what their male counterparts earned in 2009.” Forty-eight years after the passing of the historic Equal Pay Act of 1963, the push for pay equity for women continues.This year, President Obama has...
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equal pay day
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fair pay
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lilly ledbetter
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wal-mart v. dukes
A Powerful Perspective
John Thompson spent 14 years on death row before he was exonerated and set free. But this wasn't a case where advances in forensic technology finally proved a man's innocence; in this case, the prosecutors failed to turn over vital evidence to the defense. Once that evidence came to light, a jury acquitted Thompson after deliberating only 35 minutes.Thompson sued the district attorney to hold him accountable for failing to ensure that the prosecutors in his office would protect the rights of the innocent. A jury sided with Thompson, and awarded him $14 million -- $1 million for each year he spent...
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connick v. thompson
Five Nominees Reported From Senate Judiciary Committee, Hearing on Four More Next Week
On Thursday, the Senate Judiciary Committee reported out five nominees: Goodwin Liu, nominee to the United States Court of Appeals for the Ninth Circuit on a party-line vote; Esther Salas, nominee to the United States District Court for the District of New Jersey on a unanimous voice vote; J. Paul Oetken and Paul A. Engelmayer, nominees to the United States District Court for the Southern District of New York on unanimous voice votes; and Ramona V. Manglona, nominee to the United States District Court for Northern Mariana Islands on a unanimous voice vote.The Senate Judiciary Committee has scheduled...
One Judge Confirmed, Two More Nominated
On Monday, the Senate confirmed Jimmie Reyna to the United States Court of Appeals for the Federal Circuit by a vote of 86-0. Judge Reyna is the first Hispanic American to serve on the Federal Circuit.On Wednesday, President Obama nominated two people to district court seats: Sharon L. Gleason to the United States District Court for the District of Alaska; and Susan Owens Hickey to the United States District Court for the Western District of Arkansas. Ms. Gleason is currently the Presiding Judge of the Third Judicial District of the Alaska Superior Court in Anchorage, a position she has held...
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judicial nominees
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judicial selection
No Court Trial for 9/11 "Mastermind"
Today's New York Times reacts to the symbolism of the Justice Department's decision to reverse course and put Khalid Shaikh Mohammed before a military tribunal instead of a civilian court of law.According to the Times editorial:That retreat was a victory for Congressional pandering and an embarrassment for the Obama administration, which failed to stand up to it.The wound inflicted on New York City from Mr. Mohammed’s plot nearly a decade ago will not heal for many lifetimes, yet the city, while still grieving, has thrived. How fitting it would have been to put the plot’s architect on trial a...
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guantanamo
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torture accountability
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tortured law
Senate Schedules Vote on Circuit Court Nominee Jimmie Reyna
Last night the Senate agreed to vote on Monday at 5:30p.m. on the nomination of Jimmie Reyna to the United States Court of Appeals for the Federal Circuit. Mr. Reyna currently serves as a partner and director at Williams, Mullin P.C., in Washington, D.C. He is a leading international trade attorney with significant experience in trade policy, business regulation, and compliance law. Reyna was nominated on September 29, 2010, and he was reported out of the Senate Judiciary Committee unanimously on March 10, 2010. If confirmed, Mr. Reyna would become the first Hispanic American ever to serve...
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judicial selection
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senate judiciary committee
Senate Judiciary Committee Action on Judges
Yesterday the Senate Judiciary Committee held an executive business meeting at which it reported out four nominees and held over five nominees until its next meeting on April 7th.John J. McConnell, nominee to the United States District Court for the District of Rhode Island was reported out on a vote of 11-7, with Senator Graham (R-SC) voting with the Democratic committee members. Three other nominees, Kevin Sharp, nominee to the United States District Court for the Middle District of Tennessee, Roy Bale Dalton, Jr., nominee to the United States District Court for the Middle District of Florida,...
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judicial selection
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senate judiciary committee
Wal-Mart v. Dukes: At the Supreme Court
The Supreme Court heard oral arguments in Wal-Mart v. Dukes, a sex discrimination class action against the retail giant, on March 29. At issue in the case is whether a class consisting of a million or more women employed by a single employer nationwide can be certified in a class action alleging systematic gender-based pay and promotion discrimination. Outside the Supreme Court building, activists gathered to show their support for the women who have been harmed by the retail giant's discriminatory practice...
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supreme court
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the corporate court
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wal-mart
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wal-mart v. dukes