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Real Estate
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January 24, 2025
Blackstone To Buy $1B Power Plant In Va. Data Center Mecca
Blackstone, advised by Kirkland & Ellis LLP, plans to purchase a natural gas power plant in Loudoun County, Virginia — a region known for having the biggest data center market in the world — for $1 billion from Latham & Watkins LLP-led Ares Management, according to a source familiar with the matter.
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January 23, 2025
4th Circ. Unwinds Rocket Mortgage Borrowers' Class Cert.
A split Fourth Circuit on Thursday reversed the class certification of borrowers who accused Rocket Mortgage of inflating their home values, finding that not all potential class members could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion.
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January 23, 2025
Ex-Tribal Chair Seeks High Court Review Of Extortion Verdict
A former tribal chair in Massachusetts told the U.S. Supreme Court on Thursday that the First Circuit was wrong and stands alone in ruling that federal extortion laws apply to Native American officials as it reinstated his convictions tied to the development of a casino project.
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January 23, 2025
Madigan's Law Firm Profits Drove Corrupt Acts, Jury Told
Former Illinois House Speaker Michael Madigan's ownership interest in his Chicago law firm and his entitlement to 50% of its profits was behind his efforts to extort property tax business from developers who needed approvals from state and local government for their projects, prosecutors told an Illinois federal jury Thursday.
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January 23, 2025
Conn. Lawmakers Target Healthcare After Hospital's Ch. 11
In the lead-up to and aftermath of California hospital operator Prospect Medical Holdings Inc.'s $1 billion bankruptcy, Connecticut lawmakers are considering new regulatory powers, promising and penning oversight bills for hospitals owned by private equity firms and real estate trusts while seeking to stabilize the state's healthcare markets.
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January 23, 2025
Wells Fargo Prevails In $25M Mortgage Default Dispute
A Pennsylvania state court sided with Wells Fargo in a foreclosure suit accusing a Philadelphia property owner of defaulting on a nearly $25 million mortgage loan, finding the owner failed to abide by the loan agreement.
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January 23, 2025
Fla. Insurer Tries To Toss Suit Blaming It For Black Mold Death
A Sunshine State insurer accused of wrongfully causing the death of a woman who died from black mold contamination after it didn't send a promised team to her home to fix hurricane damage has urged a Florida judge to dismiss the suit, calling it a bad-faith case in disguise trying to get around an already pending contract dispute.
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January 23, 2025
Corporate Transparency Law Remains Flanked By Threats
The Corporate Transparency Act is facing threats across the branches of government despite the U.S. Supreme Court pausing a nationwide injunction on it Thursday, with another universal injunction in place, other court battles underway and some Republican lawmakers targeting the law.
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January 23, 2025
O'Melveny Hires Troutman Real Estate Atty, Board Member
O'Melveny & Myers LLP announced Jan. 23 it added a Dallas-based attorney from Troutman Pepper Locke LLP — who describes herself as a "dirt lawyer" advising property transactions, construction financing and other real estate matters — as a partner in its project development and real estate group.
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January 23, 2025
Colo. Tenants, Eviction Law Firm Resolve Fee Suits
Colorado tenants and Tschetter Sulzer PC have settled two class actions accusing the eviction law firm of illegally charging attorney fees before their eviction proceedings concluded, more than a year after the firm settled a separate proposed class action that alleged deceptive debt collection.
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January 23, 2025
Freddie Mac Puts End To $32M SEC Probe Coverage Dispute
Freddie Mac told a D.C. federal court that it has reached a settlement with underwriters at Lloyd's of London, bringing an end to the government-backed mortgage lender's $32 million coverage suit stemming from civil actions and federal probes related to its collapse during the 2008 global financial crisis.
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January 22, 2025
'Unicorn Prosecution' Could Upend Legal Practice, Court Told
Brown & Connery LLP partner William Tambussi told a New Jersey state judge Wednesday that the entire practice of law in the Garden State rests on his impending decision on the charges against him in the state's sweeping racketeering case targeting power broker George E. Norcross III, arguing that a lawyer has never been prosecuted for routine legal work.
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January 22, 2025
Attorneys Botched Arbitration Win, Texas Property Cos. Claim
A group of property owners in Texas told a Harris County judge a law firm and five attorneys helped them secure a $1.7 million arbitration award but never took action when the award misidentified their names, making them unable to collect.
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January 22, 2025
J&J Seeks To Defeat $30M Punitive Bid After Conn. Talc Trial
Johnson & Johnson has blasted a bid requesting that it pay $30 million in punitive damages on top of a $15 million jury award to a real estate developer who allegedly contracted mesothelioma from the company's talc, telling a Connecticut state court that, "at most," it should pay $5 million.
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January 22, 2025
Texas Court Asks If $50M Award In Dubai Tower Case Was Fair
A Texas appeals court worked Wednesday to untangle whether executives who are on the hook for $50 million received a fair shot in the United Arab Emirates' court system after they abandoned ambitious tower projects in Dubai.
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January 22, 2025
Miami Official Used Public Funds For Political Gain, Suit Says
Two former Miami city employees have brought a whistleblower lawsuit against District 3 Commissioner Joe Carollo in Florida federal court, alleging that he ousted them for exposing misuse of public funds meant to manage parks that were instead used to pay for his political ventures and personal expenses.
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January 22, 2025
Madigan Used ComEd As 'Personal Piggy Bank,' Jurors Told
Former Illinois House Speaker Michael Madigan and his devoted surrogate Michael McClain conspired to enhance and preserve Madigan's power and line his pockets, both by steering business to the ex-speaker's law firm and rewarding his political allies with do-nothing jobs, prosecutors told an Illinois federal jury during closing arguments Wednesday.
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January 22, 2025
BNY, Mortgage Co. Sued Over Post-Bankruptcy Collections
Bank of New York Mellon and a mortgage servicing company face proposed class action claims that they unfairly sought to collect on second mortgages held by homeowners who declared bankruptcy amid the 2008 housing crisis.
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January 22, 2025
'The Hills' Reality Stars Latest To Sue Over Palisades Fire
"The Hills" reality TV show stars Spencer and Heidi Pratt are among the latest Palisades Fire victims to sue the Los Angeles Department of Water and Power alleging an empty local reservoir made it more difficult for first responders to put out the devastating blaze.
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January 22, 2025
Nutter Partner Nominated To Mass. Land Court
A Nutter McClennen & Fish LLP partner has been nominated as an associate justice on the Massachusetts Land Court, Gov. Maura Healey announced Wednesday.
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January 22, 2025
Hotel Guests Urge 3rd Circ. To Revive Algorithmic Pricing Suit
Guests accusing Atlantic City hotel-casino owners of inflating room rates by using the same software have told the Third Circuit that a lower court was wrong to rely on a similar case targeting room rates in Las Vegas when dismissing their claims.
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January 22, 2025
Sotomayor Halts 2nd Circ. Ruling In Landmark Graft Case
U.S. Supreme Court Justice Sonia Sotomayor halted a decision from the Second Circuit on Wednesday that would have set up a second trial against four men whose convictions were overturned in a landmark 2023 high court ruling in which the justices narrowed certain types of public corruption cases.
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January 22, 2025
Full DC Circ. Stands By Wipeout Of FERC Pipeline Approvals
The D.C. Circuit has rejected Williams Cos.' requests to reconsider a panel's decision scrapping Federal Energy Regulatory Commission approvals of a five-state expansion of the company's Transco pipeline system, despite more than a half-dozen amicus parties backing the rehearing requests.
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January 22, 2025
Navajo Nation Looks To Block Federal Mineral Leasing Ban
The Navajo Nation has sued the U.S. Department of the Interior in a bid to block a Biden administration order withdrawing federal land from new mineral leasing and development near a national park in New Mexico, saying the ban would cause tribal allottees to suffer financial hardships.
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January 22, 2025
Army, SD Tribe Fight For Early Win In Dakota Access Row
The Standing Rock Sioux Tribe and the U.S. Army Corp of Engineers are both asking for early wins in a challenge to shut down the Dakota Access Pipeline over alleged violations of federal environmental laws.
Expert Analysis
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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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.