NEW PODCAST: Sports, Stadium Design & Crowd Management - Industry Updates and 2021 Plan

Dan Donovan, a security consultant for sports arenas and convention centers gives us an update on what to expect in 2021 for stadiums, live concerts and corporate events. 

Listen to this podcast segment HERE. 

Stop Speculating about Mandatory Vaccines. The Law is VERY Clear!

There is an EXPLOSION of 2 fundamental rights: Personal freedom and societal regulation. On #theLIEBCAST podcast, we review the substantive due process right to personal liberty and public health.

We look at a previous case from the 1905 smallpox public health crisis and discuss religious and disability exemptions. We discuss how the government has historically limited our liberties in regard to the safety of water quality, transportation, sewage and disease control. What does the country need to get herd immunity from COVID19 and get back to a new normal? #ListenToLieb

CLICK HERE FOR THE FULL PODCAST

Department of Justice Sues, then Settles, with NAR Concerning Anticompetitive MLS Practices

Today, the Department of Justice Antitrust Division announced the simultaneous commencement and settlement of antitrust and anticompetitive practice complaints against the National Association of Realtors. 

In its press release, found HERE, the DOJ identified four areas of anticompetitive practice which they allege "result[ed] in decreased competition among real estate brokers":

1. Prohibiting local MLSs from disclosing to prospective buyers the amount of the commission earned by buyer brokers;
2. Permitting buyer brokers to misrepresent to buyers that their buyer brokerage services are free;
3. Enabling buyer brokers to filter MLS listings by the amount of buyer broker commission offered; and
4. Preventing non-NAR brokers from accessing key lockboxes for homes listed on MLS.
   
   

The settlement will directly address these four issues in order to "enhance competition in the real estate market, resulting in more choice and better service for consumers." The proposed settlement can be found HERE and will be open for public comment once posted to the federal register. 

NAR has routinely found itself under antitrust scrutiny due to its overwhelmingly popular MLS platforms, which often are the only multiple listing platforms available in local markets. Three recent federal lawsuits filed against NAR have focused on NAR's policies regarding compensation for buyer brokers, alleging that buyer brokers are unable to compete on price due to the requirement that all listings on MLS offer some form of cooperating brokerage commission. It is alleged that these anticompetitive practices have driven up the overall cost of brokerage services for consumers by eliminating competition on the buyer broker side of the market. 

The announcement by the Department of Justice was silent with regard to whether any additional investigations into NAR were ongoing. 

Building Code Violation Law Passed in NYS

Starting on December 11, 2020 there will be time limits to remedy any determinations of building code violations in NYS per new law. 

The Real property Actions and Proceedings Law (RPAPL) 777(a) has been amended to ensure that no code violations or dangerous conditions remain outstanding for "more than sixty days from the date of the order of the court" if the owner (or mortgagee or liener) enters into a consent order to remedy the issue upon the petition being granted against such owner. 

We expect that this sixty day period will be applied by the various town / city / village attorneys in plea agreements as well. 

Now, there is a rush to fix unless good cause for delay can be shown.

NYS Passes Law to Increase Free Speech & Public Participation

Effective November 10, 2020, NYS strengthened its laws against lawsuits that are brought and intended to chill free speech, called Strategic Lawsuits Against Public Participation ("SLAPP suits"). 

NYS' prior anti-SLAPP / free speech law had been limited to protecting speech concerning "controversies over a public application or permit, usually in a real estate development situation." 

Now, the anti-SLAPP law deals with "anything other than a 'purely private matter.'" Additionally, the law now requires courts to provide costs and attorney's fees if a lawsuit against public petition and participation was initiated in bad faith to chill speech. 

The new laws are Civil Rights Law 70-a, which deals with the costs and attorney's fees, and Civil Rights Law 76-a, which expands the types of speech that is protected by the anti-SLAPP law. Specifically, Civil Rights Law 76-a now permits a suit concerning "[a]ny communication in a place open to the public or a public forum in connection with an issue of public interest; or ii. [a]ny other lawful conduct in furtherance of the exercise of the constitutional right of free speech in connection with an issue of public interest, or in furtherance of the exercise of the constitutional right of petition."

To read the full bill, click here.