Expert Analysis

• Agentic AI Use May Trigger Existing Consumer Finance Laws

  

  As artificial intelligence agents interact more and more with payment systems, financial institutions should be cognizant of how existing consumer protection laws like the Equal Credit Opportunity Act apply when transactions are executed by automated systems rather than individuals, noting authorization and liability gaps, say attorneys at Sheppard.

• AI Is Changing The Game For Lenders' Vendor Governance

  

  Recent guidance from Freddie Mac and the Treasury Department reinforces that expectations surrounding AI oversight are beginning to shape how mortgage lenders operationalize vendor governance, which is emerging as a critical compliance challenge for the decade ahead, says Alexandra Temple at Mitchell Sandler.

• Human Diligence Crucial As AI Raises Real Estate Fraud Risks

  

  A recent title fraud warning from Florida officials demonstrates that artificial intelligence has lowered the barrier to committing complex property scams, forcing real estate industry stakeholders and attorneys to prioritize contextual review in transactions, says Neil Cohen at Barsh and Cohen.

• Ga. HOA Reform Bills Risk Undermining Local Governance

  

  Lawmakers considering several bills in Georgia that would centralize regulation of homeowners associations should acknowledge that effective reform needs to protect homeowners’ rights while preserving the financial and governance structures that allow communities to function, says Julie Howard at NowackHoward.

• How Cos. Should Prepare For NY RAISE Act Compliance

  

  With the New York Responsible AI Safety and Education Act taking effect March 19, state regulators will expect subject artificial intelligence governance policies to understand whether appropriate safeguards and protocols are in place to prevent or mitigate discriminatory or adverse outcomes by frontier models, says Michael Paulino at Gordon Rees.

• Strategies For Retailers, Landlords In M&A Portfolio Reduction

  

  With more retailers likely to merge or be acquired in 2026, both landlords and companies looking to renegotiate their real estate footprints can strike successful deals through advance planning, understanding rights allocations and maintaining realistic leverage assessment, say attorneys at Jenner & Block.

• 4th Circ. Navy Federal Decision Illustrates Nuances Of Rule 23

  

  The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union helpfully clarified how class action defendants can use Rule 23(c)(1)(A) to eliminate exposure early, along with the limitations of such an approach, say attorneys at Duane Morris.

• NYC Energy Storage Guidance Clarifies Compliance Pathways

  

  The New York City Department of Buildings’ recently issued bulletin provides long-awaited clarity on how battery storage systems may generate greenhouse gas emissions deductions, materially expands compliance pathways for building owners and creates new opportunities for providers, say attorneys at Hodgson Russ.

• Takeaways From CFPB's Retreat On Immigrant Fair Lending

  

  Practices discouraged under the Consumer Financial Protection Bureau and Justice Department's 2023 statement on the treatment of immigration status under the Equal Credit Opportunity Act may now be permissible following its recent withdrawal, making it crucial for lenders to follow unfolding fair lending developments in this area, say attorneys at Steptoe.

• How New Texas Law Streamlines Eviction Proceedings

  

  A recent legislative change to the Texas Property Code overhauls the state's eviction process and makes it more difficult for nonpaying tenants to challenge evictions, likely yielding a faster and cheaper procedure that will encourage timely rent payment and lease compliance, says Maddison Craig at Munsch Hardt.

• Exploring Good Faith And Bad Faith, From Dock To Doorstep

  

  Evolving in different contexts, property and maritime insurance take almost opposite views on the foundational concepts of good faith and bad faith, but, as evidenced by two recent decisions, they dovetail on the idea that trust is the currency of risk, says Nicole Connors at Cozen O'Connor.

• How Blockchain Could Streamline Real Estate Transactions

  

  As U.S. real estate markets face pressure to adopt digital frameworks, blockchain technology offers a credible solution for consolidating execution, payment and recording into a single record, with a unified ledger potentially replacing fragmented processes with digitally authenticated events, say attorneys at King & Spalding.

• Del. Dispatch: Workplace Sexual Misconduct Liability In Flux

  

  Following the Delaware Court of Chancery's recent contradictory rulings in sexual misconduct cases involving eXp World, Credit Glory and McDonald's, it's now unclear when directors' or officers' fiduciary duties may be implicated in cases of their own or others' sexual misconduct against employees, say attorneys at Fried Frank.