Litigation Law, Mediation Law and Arbitration Law

Section 8(b) of the Real Estate Settlement Procedures Act ("RESPA") provides that "[n]o person shall give [or] accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed."

On February 21, 2012, New York state’s highest court unanimously refused to extend due process protection to property owners challenging a tax lien foreclosure sale on grounds that they did not receive notice of their repurchase rights. Consequently, New York property owners, who were unapprised of their repurchase rights, will be unable to challenge the foreclosure on that basis.

Based upon a recent decision of the Massachusetts Appeals Court, a Lender’s inability to produce an original, or a copy, of a promissory note secured by a mortgage may impair the Lender’s ability to foreclose upon its mortgage.

No Coverage Under Loan Policies When Loans Are Fully Repaid – The Centerpoint case reaffirms that lender title insurance policies provide no coverage if the insured loan is paid in full.

The Court of Appeal of Louisiana, Third Circuit, has held that a bodily injury exclusion in a carrier's errors and omissions policies barred coverage for a third-party...

A new Virginia law, effective July 1, 2025, adds Section 8.01-42.6 to the Virginia Code to address employers' vicarious liability for their employees' tortious conduct in personal injury...

Chambers Global ranked four Venable attorneys in their 2012 edition, including Corporate Group partners Jim Hanks and Sharon Kroupa.

On April 25, 2012, the Supreme Court issued a 5-4 opinion, written by Justice Breyer, concluding that Treasury Regulation § 301.6501(e)-1(a)(iii) was invalid.

The Royal Court in Jersey has recently provided guidance to trustees on their duty to disclose to their successors. The Supreme Court held today in United States v. Home Concrete & Supply, LLC, No. 11-139, that an overstatement of the taxpayer’s basis in a partnership interest, which thereby limits the capital gains tax on a sale of that interest, is not an "om[ission] from gross income" under 26 U.S.C. § 6501(e)(1)(A).

In Credit Suisse Sec. (USA) LLC v. Simmonds, the U.S. Supreme Court addressed the application of the statute of limitations for claims brought under Section 16(b) of the Securities Exchange Act of 1934.

A recent wave of lawsuits is challenging what had been a growing trend of Delaware corporations to include exclusive forum provisions in their bylaws.

A recent wave of lawsuits is challenging what had been a growing trend of Delaware corporations to include exclusive forum provisions in their bylaws.