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As higher education institutions continue to face a variety of challenges in delivering their core infrastructure needs in innovative, cost-effective ways...

On July 27, 2022, the U.S. Fish and Wildlife Service (Service) published an advance notice of proposed rulemaking (ANPR) seeking comment on species conservation banking.

Local government agencies sometimes enact short-term building moratoriums for certain areas to further assess changes in land use patterns or slow growth.

A California appellate court has ruled that umbrella insurance carriers may be required to provide defense coverage even before the underlying primary policy limits are fully exhausted. This decision challenges traditional assumptions about when umbrella coverage obligations begin and could significantly impact how insurers structure their defense cost responsibilities across multiple policy layers.

A recurring question in coverage disputes is whether a sub-limit expands coverage by creating a new, defined grant...

The underlying case alleged that the realty agency used an architect's drawings in its marketing for the sale of a home, in violation of copyright law.

Complex infrastructure projects require carefully structured insurance programs to protect against unique risks. Understanding how to tailor coverage for these large-scale developments involves navigating specialized policies, risk allocation strategies, and the interplay between project stakeholders and insurers.

The article provides an overview of the impact of forum shopping and how it could be reformed.

Welcome to Construction & Claims, a periodic digest of the headlines, statutory and regulatory changes and court cases involving construction news, claims, bid protests, contract administration and payment-related disputes.

The field of real estate law and commercial leasing is established and well-tested. For this reason, most landlords and tenants that enter into negotiations with their legal team...

Major infrastructure projects involve complex schedules where right-of-way acquisition often gets squeezed to the end, creating costly delays. When should property acquisition begin, and how can early involvement of real estate teams prevent right-of-way from becoming the critical path to construction?

When the government approves a private development that diminishes neighboring property values, can a property owner maintain a takings claim?

Aleene Madikians and I recently authored the article "Mitigating Damages—Condemning Replacement or Substitute Property" for the May/June 2024 issue of the International Right of Way Association (IRWA) newsletter, Right of Way.

On December 15, 2022, the United States Environmental Protection Agency (EPA) published an amendment to the All Appropriate Inquiries Rule (AAI Rule), 40 C.F.R. part 312.

A California appellate court ruled that homeowners who built an unpermitted retaining wall encroaching on their neighbor's property cannot claim a prescriptive easement because the structure constitutes an abatable public nuisance. The decision reinforces that courts will not allow property rights to arise from code violations and unpermitted construction, even when maintained openly for years.

Some of the biggest real estate disputes I’ve handled have started with a document that may be only a few paragraphs long: an easement. Easements are everywhere. Utilities use them for pipelines and transmission lines. Developers rely on them for access and infrastructure.

If you remember the 4-Loko phase of the early 2000s, then buckle up – another dangerous substance has found its way to retail stores.