Counsel News and Events for Attorneys and Executives

Real Estate

$98M BBVA Compass Bank Fraud Verdict Inducted in VerdictSearch Hall of Fame

$98M BBVA Compass Bank Fraud Verdict Inducted in VerdictSearch Hall of Fame

News
A $98 million verdict secured by Boyd, Powers & Williamson has been inducted into the VerdictSearch Texas Verdicts Hall of Fame.

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The Devil is in the Details (or Lack Thereof): A Costly Lesson in Allocating Environmental Responsibility in Contracts

Insight
The seller could have more carefully crafted the language of the rider to limit its remediation obligations.

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When is a Hydraulically Fractured Well ‘Complete?’

When is a Hydraulically Fractured Well ‘Complete?’

Insight
Typically, most leases contain savings provisions that extend the lease beyond the primary term when the lessee ‘continuously prosecutes’ drilling operations, exlains J. Mark Robinette.

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Contractual Insurance Requirements: Traps for the Unwary

Insight
Lyndon Bittle of Carrington Coleman discusses “traps for the unwary” lurking in construction contract insurance requirements, focusing on the ubiquitous commercial general liability policy.

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Five Strategies to Increase Buyer Leverage in Sign-and-Go-Hard Transactions

Insight
A post on the website of Allen Matkins offers five strategies for real estate buyers to increase their leverage when dealing with a seller who requires a sign-and-go-hard transaction.

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Does An Attorney’s Fee Clause Survive Contract Rescission?

Insight
If a contract is extinguished by rescission, it would seem that all of its provisions, including a prevailing party attorney’s fee clause, would be extinguished, but that may not be the case, according to Allen Matkins.

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Fracking Companies Lost on Trespassing, But a Court Just Gave Them a Different Win

Fracking Companies Lost on Trespassing, But a Court Just Gave Them a Different Win

News
A week after the West Virginia Supreme Court unanimously upheld the property rights of landowners battling one natural gas giant, the same court tossed out a challenge filed by another group of landowners against a different natural gas company.

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Real Estate Executives Remain Bullish as Tax Reform Measures Take Shape, Akerman Reports

Real Estate Executives Remain Bullish as Tax Reform Measures Take Shape, Akerman Reports

Insight
The tenth annual Akerman U.S. Real Estate Sector Report shows that developments such as federal tax reform and evolving technology have taken root and spurred growth, even amid mounting uncertainty and the likelihood of a market correction.

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Blockchain: Understanding Smart Contracts

Blockchain: Understanding Smart Contracts

Insight
Smart contracts still have a long way to reach maturity and overcome traditional text-based contracts, according to Hogan Lovells.

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Groundwater Law Can Bring Some Unwelcome Surprises to Property Owners

Insight
Gray Reed provides some analysis of the state of groundwater law in Texas and discusses some of the effects of a Texas Supreme Court case that should now be a concern to land purchasers in every transaction.

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Lease Agreements: Beware of the Lease Renewal Language

Insight
A recent appellate ruling points out that parties must be specific in negotiating renewal terms and what the rent to be paid during the renewal period will be.

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13 Greenberg Traurig Texas Attorneys Named in 2019 Chambers USA

13 Greenberg Traurig Texas Attorneys Named in 2019 Chambers USA

News
Chambers also recognized three Greenberg Traurig practice areas in Texas: Health Care, Intellectual Property, and Real Estate.

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Court Refuses to Reform Contract Failing to Find a Scrivener’s Error

Insight
A Delaware court refused to reform a contract with clear language, finding the argument of a scrivener’s error unconvincing, according to K&L Gates.

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Chicago Lawyer, Client Sanctioned More Than $1M for Frivolous Condo Association Lawsuits

News
The Cook County Record is reporting that a county judge has ordered more than $1 million in sanctions and penalties against a lawyer and his client in connection with a litany of legal actions against a condo association.

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Barnes & Thornburg Adds Real Estate Attorney in Chicago

News
Barnes & Thornburg has added William Lewis as a partner in the firm’s Real Estate Department in Chicago.

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Why Do I Want/Need a Waiver of Subrogation?

Insight
Ira Meislik of Meislik & Meislik, writing in the firm’s Ruminations real estate law blog, examines the use of subrogation clauses in real estate leases in relation to insurance policies.

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A Lesson in Property Stipulations

insight
The Energy & the Law blog of Gray Reed & McGraw discusses a case that sums up what is required for an instrument to be a conveyance and what is required for a stipulation to be effective.

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Appeals Court Allows Quick-Take of Land for Mountain Valley Pipeline

News
Landowners objected to a lower-court ruling granting immediate possession of the disputed land before deciding how much each property owner should be compensated.

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DOJ Hiring Attorneys to Handle Property Seizures for Border Wall

News
The attorneys likely will deal with eminent domain property seizures and quarrels with landowners over what their land is worth.

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Proposal for Flood-Prone Areas Would Affect Texas Consumers and Insurance Industry

News
A bill filed in the Texas Senate would require home sellers to disclose if their property is in a flood-prone area or if it has already flooded.

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