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Real Estate
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January 28, 2025
Calif. Bill Targets Oil Cos. For Climate Disaster Costs
A Democratic lawmaker in California has introduced a bill aimed at improving insurance affordability in the state by allowing insurers and victims of natural disasters to pursue action against oil and gas companies for their role in fueling the climate crisis.
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January 28, 2025
Wynn Fraud Trial Still On As Appeals Court Declines To Step In
A Wynn Resorts subsidiary cannot challenge a decision allowing a trial on accusations that it misled the former owner of the site of its Encore Boston Harbor casino into cutting the property's sale price by $40 million, the state's intermediate-level appeals court has ruled.
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January 28, 2025
Ariz. Panel OKs Nonresident Real Estate Gains Tax Reports
Arizona's tax department would report on the capital gains taxes paid by nonresidents under legislation advanced by a state Senate panel.
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January 27, 2025
Feds May Trim $2B In Leases Over Trump's Term, Trepp Says
Following President Donald Trump's order on Inauguration Day that federal workers return to the office, a Trepp report finds more than a third of all office space leased by the federal government could potentially be terminated during Trump's second term.
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January 27, 2025
SoCal Edison To Leave Power Off Amid Eaton Fire Litigation
Southern California Edison agreed Monday that it won't re-energize the power lines leading to the site of this month's deadly Eaton Fire for three more weeks, after plaintiffs' firm Edelson PC obtained a video that appears to show electrical sparks near the utility's equipment just before the fire began.
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January 27, 2025
Feds' Madigan Informant Is A 'Malignant Tumor,' Jury Told
An attorney for ex-Illinois House Speaker Michael Madigan took aim Monday at the former Chicago alderman called as the government's star witness in Madigan's criminal racketeering trial, calling him "a malignant tumor at the heart of this case" and urging jurors not to trust his testimony as they prepare to deliberate on his client's fate.
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January 27, 2025
Late Filings Didn't Stymie Tax Challenges, Conn. Justices Say
Failing to file timely appraisals on commercial properties valued over $1 million was not fatal to several owners' tax assessment challenges under a new state law, the Connecticut Supreme Court ruled Monday, agreeing that a trial judge properly reopened the cases months after a missed deadline.
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January 27, 2025
Foes Of New NJ Housing Law Criticized For Process Problems
A New Jersey state judge presiding over a challenge to the state's new affordable housing framework ruled Monday that he cannot consider a preliminary injunction motion until procedural issues in the complaint are resolved, telling the suing municipalities: "That is not the way litigation works."
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January 27, 2025
Buddhist Group Wants Army Corps Everglades Plan Blocked
A Buddhist community asked a Florida federal court to block construction on an Everglades restoration water retention project, arguing its concerns that the project will make its adjacent religious retreat center unusable have fallen on deaf ears at the U.S. Army Corps of Engineers.
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January 27, 2025
Ga. Appeals Panel Revives Malpractice Suit Against Law Firm
The Georgia Court of Appeals partly reinstated a malpractice suit accusing a Georgia law firm and one of its former attorneys of failing to show up at a client's bench trial that ended with a $100,000 judgment against the client.
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January 27, 2025
LA Sued Over Closed-Door Meetings About Homeless Camps
The Los Angeles City Council violated state law by holding closed-door meetings about homeless camps in the city, according to a suit filed by advocates for low-income and homeless LA residents in California state court.
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January 27, 2025
Ind. Gov. Orders Analysis Of Nonprofit Hospitals' Tax Breaks
Indiana's governor issued an executive order requiring an analysis of nonprofit hospitals operating in the state to evaluate the tax-exempt benefits they received compared with the amount of charity care they provided.
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January 27, 2025
NJ Shortens Window For Use Of Redevelopment Tax Credits
New Jersey reduced the time in which tax credits for certain mixed-use and commercial real estate redevelopment projects must be used after approval as part of a bill signed by Gov. Phil Murphy.
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January 27, 2025
QXO Goes Hostile With $11B Beacon Roofing Takeover Bid
QXO Inc. on Monday lobbed a hostile takeover bid at Beacon Roofing Supply Inc., which previously rejected its acquisition proposal, announcing plans to launch an all-cash tender offer to purchase Beacon's remaining outstanding shares in a roughly $11 billion deal.
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January 27, 2025
Arrested Atty Can't Sue Sheriff's Office Either, Pa. Judge Says
A Pennsylvania federal judge on Monday dismissed the last of a group of Allegheny County government officials and entities named as defendants in a lawsuit filed by two brothers who claimed they were unlawfully detained when they failed to meet discovery deadlines in a separate case.
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January 27, 2025
Widow Says Century Homebuilders' Atty Conspired To Move Assets
The widow of Sergio Pino, the late founder and CEO of Century Homebuilders Group LLC, has sued Century Homebuilders' attorney, accusing him of setting up fraudulent transfers of the company's assets during the Pinos' contentious divorce to keep her from getting her half of the company.
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January 27, 2025
High Court Skips Golf Course Investors' Class Cert. Bid
The U.S. Supreme Court on Monday rejected a review petition filed by Chinese investors who wanted class certification for their Ponzi scheme suit against a Chinese citizen accused of misusing the investors' money to buy multiple golf courses and other properties in South Carolina.
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January 27, 2025
Oklahoma Tribes Want In On DOJ's Jurisdiction Lawsuits
Three Native American tribes want to back the Department of Justice in its challenges to two Oklahoma district attorneys in an effort to stop them from prosecuting tribal citizens for crimes committed in Indian Country, arguing that the ongoing threat interferes with tribes' rights to enforce their own laws.
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January 27, 2025
Mo. Tax Commission Lowers T-Mobile Towers' Value
Two T-Mobile cell towers in Missouri should have their value lowered after the company provided a thorough inspection that properly accounted for depreciation, the state's tax commission ruled.
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January 24, 2025
Conn. Residents Lose Appeal Challenging Propane Facility
A group of citizens in Connecticut who opposed their town's plans to build a bulk propane storage facility can't show how they were aggrieved and, therefore, don't have standing to sue, a state appellate panel ruled Friday in affirming the trial court's dismissal of their case.
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January 24, 2025
Real Estate Recap: Hughes Fire, EOs, Practices Of The Year
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including more law firm displacement due to the newly ignited Hughes Fire in Los Angeles County, real estate sector speculation following a storm of executive orders, and two of Law360's picks for real estate and construction practice groups of the year.
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January 24, 2025
Trump Fires Inspectors General Without Notice
President Donald Trump fired more than a dozen inspectors general Friday night, some of whom he had appointed, prompting concerns from both sides of the aisle that the president had not followed legal protocol.
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January 24, 2025
EEOC Disability Bias Suit Tossed Following Nixed Evidence
A mortgage and financial services company on Friday defeated a U.S. Equal Employment Opportunity Commission lawsuit alleging it unlawfully refused to hire a woman because she took pain medication, after a Washington federal judge ruled midtrial that a key piece of evidence shouldn't have been shown to jurors.
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January 24, 2025
Feds' Madigan Theory 'Doesn't Line Up,' His Atty Tells Jury
Counsel for former Illinois House Speaker Michael Madigan told an Illinois federal jury Friday that prosecutors attempting to convict him of racketeering have painted an "incomplete and misleading" picture of a crooked politician at trial, but have failed to meet their burden to prove he ever acted with corrupt intent or engaged in a "this for that" exchange for his official action.
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January 24, 2025
NJ Judge Rejects Bid For New Trial In Red Roof Inn Deal
A New Jersey state judge has rejected a bid for a new trial over a deal gone wrong to purchase a Red Roof Inn, ruling two witnesses who asserted their Fifth Amendment rights outside of the jury's presence had no bearing on the jury's verdict.
Expert Analysis
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Colorful Lessons From NYC's Emotional Support Parrot Suit
A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Consider Best Legal Practices For Commissioning Public Art
Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Applying High Court's Domestic Corruption Rulings To FCPA
After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.
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Climate Among Many Factors Driving Up RE Insurance Costs
A proactive approach to risk management may determine the viability of the U.S. commercial real estate sector as weather crises and other factors drive insurance costs higher, says Ulrick Matsunaga at Crosbie Gliner.
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Proposed Mortgage Assistance Rule: Tips For Servicers
The Consumer Financial Protection Bureau's recent proposal to alter Regulation X mortgage servicing procedures to broadly construe requests for assistance, and stay foreclosure proceedings during loss mitigation review, will, if finalized, require mortgage servicers to make notable procedural changes to comply, says Louis Manetti at Locke Lord.
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How Multifamily Property Owners Can Plan For The EV Future
As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.
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Bid Protest Spotlight: Debriefings, Timeliness, Documentation
James Tucker at MoFo examines three recent decisions from the Federal Circuit, the U.S. Government Accountability Office and the U.S. Court of Federal Claims concerning an agency's decision not to hold post-award discussions, a timeliness trap in certain Federal Supply Schedule procurements and the importance of providing contemporaneous documentation in price-evaluation protests.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.