Newsletters

08.13.24

NAR Broker Commission Policy Change Following Antitrust Settlement

In 2019, home sellers brought a series of class-action lawsuits against the National Association of Realtors (NAR) and several national real estate brokerages, alleging that the defendants conspired in anticompetitive practices to inflate broker commissions in violation of the Sherman Antitrust Act.


08.07.24

Proposed Expansion of CFIUS Poses Increased Risks to U.S. Real Estate Investors and Operators

On July 19, 2024, the U.S. Department of the Treasury published a Proposed Rule after first issuing a Notice of Proposed Rulemaking on July 8.


05.09.24

NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division’s Investigative Powers In Real Estate

In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National Association of Realtors (NAR) and strengthened the Division’s authority ...


03.06.24

April 15, 2024: Deadline for up to 100% Property Tax Abatement—M-CORE Program

In 2023, the New York City Industrial Development Agency (NYCIDA), in partnership with the New York City Economic Development Corporation (NYCEDC), introduced a new tax incentive program known as the Manhattan Commercial Revitalization Program (M-CORE).


11.06.23

Missouri Jury Finds Realtors Liable for $1.78 Billion in Commission Fees

On October 31, 2023, a federal jury in the Western District of Missouri found that the National Association of Realtors (NAR) and multiple other real estate brokerages violated antitrust laws by conspiring to inflate the broker commission costs for residential home sales. 


06.16.23

Clean Energy Incentives: IRS Guidance on Direct Payments and Credit Transfers under the IRA

The Inflation Reduction Act of 2022 (IRA) established an array of tax incentives for investments in clean energy projects. It also created two new methods for monetizing some of these incentives.


06.01.23

California Senate Approves Greenhouse Gas Disclosure; SEC Remains Conspicuously Silent

The California Senate passed two bills that would require climate-related disclosures from specified companies doing business in California.


06.01.23

Carbon Capture and Sequestration—“Essential,” but Too Little, Too Late?

Carbon dioxide removal (CDR), including carbon capture and sequestration, was once derided as little more than a corporate ploy to prolong reliance on fossil fuels.


03.16.23

Real Estate Guidance For Construction Loans in FDIC Receivership

Real estate developers may be wondering what to expect for upcoming draws of construction loans or credit lines to fund real estate development if the FDIC places their lender into receivership.


10.03.22

SCOTUS on WOTUS: Sackett Court Signals No "Major Question" and "Significant Nexus" Likely Gone

The U.S. Supreme Court appears poised to replace the "significant nexus" test for whether a wetland is jurisdictional under the federal Clean Water Act, focusing instead on a long-standing and equally long-debated statutory qualifier of "adjacency."