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Real Estate
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December 04, 2024
5th Circ. Probes $8M Payout For Allegedly Undelivered Services
An investment company on Wednesday found itself before the Fifth Circuit having to justify paying $7.7 million for allegedly undelivered services from an affiliate, as it appeals a $2.6 million bill it got hit with for prematurely ending a contract.
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December 04, 2024
Building Contractor Agrees To End No-Hire Pacts
Guardian Service Industries Inc. has agreed to stop enforcing no-hire agreements in its contracts that prevent building owners and managers from hiring the service contractor's employees after pressure from the Federal Trade Commission and state enforcers.
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December 04, 2024
RealPage Says DOJ's Antitrust Markets 'Hide The Ball'
RealPage has urged a North Carolina federal court to throw out the government's antitrust case against it, arguing that enforcers have not shown that use of its software is raising rental rates in any part of the country and that landlords use it to offer competitive rents.
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December 04, 2024
Developer, Michigan Differ On State, Federal Securities Tests
A Michigan Supreme Court justice on Wednesday pressed the state's securities administrator and a developer over how Michigan businesses and residents could be affected if the high court were to decide that a state law test rather than a federal one should be used to determine if a promissory note is a security.
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December 04, 2024
Chase Will Settle Calif. Atty's Mortgage Rate-Lock Suit
JPMorgan Chase Bank NA has reached a tentative, individual settlement with an attorney suing it for allegedly gouging him and other borrowers with sham mortgage rate-lock deals, heading off a potential class action.
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December 04, 2024
Atlas Real Estate Biz Gets Initial OK On Data Breach Deal
A Colorado federal judge on Tuesday gave preliminary approval to a settlement between roughly 4,500 victims of a data breach and a real estate company that would see each proposed class member receive up to $5,000 in compensation.
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December 04, 2024
Farmers Insurance Off Hook In Homeowner's Fire Loss Appeal
A California homeowner who alleged that an agent underinsured her scorched $3 million Malibu home cannot blame Farmers Insurance, a state appeals court affirmed, finding in a published opinion that the agent acted independently when obtaining a policy via a fire insurance pool for her client.
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December 04, 2024
Treasury Finalizes Broad Energy Investment Tax Credit Regs
The U.S. Treasury Department released final regulations Wednesday for the clean energy investment tax credit, which includes notable changes to the proposed energy property definition to include functional components in calculating the incentive's value, such as a biogas facility's upgrading equipment.
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December 04, 2024
Cozen O'Connor Adds Condo, Co-Op Board Expert In NYC
Cozen O'Connor has added a real estate litigator from Tarter Krinsky & Drogin LLP as a New York City-based member of the firm's condominiums and cooperatives practice.
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December 04, 2024
NC Panel Reverses Prior Ruling Reviving Atty Meddling Claim
A split North Carolina appellate panel has walked back its ruling reviving a suit against a real estate attorney accused of helping meddle in a property ownership dispute, declaring after a second look that the claim against him doesn't actually exist under state law.
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December 03, 2024
FTC Secures Location Data Sale Bans In Pair Of New Actions
The Federal Trade Commission on Tuesday doubled down on its efforts to safeguard consumers' sensitive location information, announcing a pair of settlements against a data broker and an analytics provider that the commission claims unlawfully collected and sold data that could track individuals to health clinics and other sensitive places.
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December 03, 2024
Ex-Braves Blast Tax Court's 'Disregard' In Easement Fight
Two former Atlanta Braves players penalized for allegedly overstating the value of a conservation easement donation urged the Eleventh Circuit to toss the costly ruling against them, saying the U.S. Tax Court's decision showed "blatant disregard" for the appeal court's precedent in deciding the matter.
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December 03, 2024
ND Calls Tribes' Bid For Riverbed Mineral Rights 'Irrational'
North Dakota has hit back against the Mandan, Hidatsa and Arikara Nation's attempt to win a federal court declaration that it owns mineral rights beneath a portion of the Missouri River, arguing that the three tribes' claim of riverbed ownership is "irrational."
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December 03, 2024
Mich. Seat Co. On Hook For €4.1M German Lease, Suit Says
A German property owner has said in a new complaint that a Michigan-based automotive seat manufacturer is on the hook for a €4.1 million ($4.3 million at current exchange rates) lease after its European entity defaulted on payments and entered insolvency proceedings.
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December 03, 2024
AIG Unit Seeks Payback For $2.9M BJ's Injury Payouts
An AIG unit asked a New York federal court to force another insurer to cover at least part of the $2.9 million it spent settling two construction injury suits after ironworkers fell off ladders while building a Brooklyn, New York, BJ's Wholesale Club in 2014.
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December 03, 2024
Insurance Execs Charged With $250M Fake Policy Scheme
An insurance company and two executives issued bogus insurance policies purporting to offer over $250 million in coverage to companies and homeowners, according to an indictment announced by the Manhattan district attorney Tuesday.
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December 03, 2024
Charlotte Housing Authority Wants Out Of Retaliation Suit
The public housing authority of Charlotte, North Carolina, has struck back against a former coordinator's retaliation and discrimination suit, arguing in North Carolina federal court that the suit should be tossed because there's an "extreme lack of non-conclusory facts" backing its claims.
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December 03, 2024
Judge Says ND Can Intervene In Dakota Access Pipeline Row
The state of North Dakota can back the federal government in a challenge by the Standing Rock Sioux Tribe over the Dakota Access Pipeline, a federal district court judge said, after the state argued that a shutdown would substantially impact its economy and undermine its sovereign interests.
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December 03, 2024
Insurer Says No Coverage For Fishery's $2M Water Damage
An insurer told an Arizona federal court it owed no coverage to a seafood company embroiled in underlying litigation over more than $2 million in water damage, saying the fishmonger's splashing at its rental property wasn't accidental and its polices weren't in effect at the time.
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December 03, 2024
Pastor Wants Judge DQ'd Over Attorney Turnover Comment
A Michigan pastor said Monday that a federal judge should be disqualified from overseeing his lawsuit alleging a township's zoning ordinance discriminates against religious entities because of a comment the judge made about the pastor having "issues" with attorney turnover.
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December 03, 2024
California Tribe Says Feds Didn't Consult On Casino Project
A California tribe is looking to block the U.S. Department of Interior from approving a casino project on its historic homelands, arguing that the federal government failed to consult it on the endeavor that will irreparably harm its sovereignty and its rights over sacred objects located on the site.
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December 03, 2024
BCLP Hires Greenberg Traurig Real Estate Ace In Calif.
Bryan Cave Leighton Paisner LLP has taken another step in expanding its real estate finance practice in California with the addition of a partner from Greenberg Traurig LLP to its Orange County office.
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December 03, 2024
Fla. Court Urged To OK 'Offensive' $645K Deal In Firm's Ch. 11
A law firm debtor urged a Florida bankruptcy court Tuesday to approve a $645,000 settlement in its Chapter 11 to resolve a proposed fraudulent misrepresentation class action in state court against a former Miami insurance attorney, who called the potential deal "offensive" and said it's possible he'll be sued again.
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December 03, 2024
Data Brokers Get OK For Appeal Of NJ Privacy Law
A federal judge signed off Monday on data brokers' request to be allowed to appeal his ruling that New Jersey's judicial privacy and security measure known as Daniel's Law is constitutional.
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December 02, 2024
Government Mole Faces Tough Cross From Madigan's Atty
An attorney for former Illinois House Speaker Michael Madigan got his chance Monday to question the ex-Chicago alderman who recorded his client while cooperating with the government, pushing him to admit that Madigan never explicitly conditioned his support on legal business for his law firm or told the alderman to vote against developers who didn't hire him for tax work.
Expert Analysis
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Takeaways From DOJ's Intervention On Pricing Algorithm Use
A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A Legal Perspective On NYC's Retail Real Estate Evolution
As New York City's retail market begins to show signs of resilience after the challenges of recent years, landlords must be cognizant of legal implications from shifting trends toward shorter-term leases and pop-up stores, says Andrea Gendel at Pryor Cashman.
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What Interest Rate Cuts Mean For Housing Markets
The Federal Reserve's recent reduction of interest rates may provide limited immediate relief for real estate sectors, but offers potential opportunities for commercial real estate investors and construction firms, which now face an environment ripe for new projects, say attorneys at Cozen O'Connor.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Foreclosing Lenders Still Floating In Murky Legal Waters In NY
The New York foreclosure landscape remains in disarray after the state's highest court last month declined to weigh in on whether legal changes from 2022 that severely curtailed lenders' ability to bring successive foreclosure cases were retroactive, says Brian Rich at Barclay Damon.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.