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Real Estate
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December 10, 2024
Wash. HOA Can't Get Early Win Bid In Water Damage Row
A homeowners association for a Seattle-area condominium complex can't yet prevail on its bad faith claims against its insurer over coverage for extensive water damage, a Washington federal court ruled, finding a material factual dispute over whether the association filed its coverage action within its policy's two-year suit-filing deadline.
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December 10, 2024
BakerHostetler Launches In Austin With Locke Lord Team
BakerHostetler said Tuesday that it is opening its Austin office — the firm's third office in Texas — and launching a new community development team led by a longtime Locke Lord LLP partner who joins alongside nine of her colleagues.
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December 10, 2024
Ore. Real Estate Agent Underreported Income, Court Says
An Oregon real estate agent and investor failed to report nearly $188,000 in income, including the profits from two property sales, the state's tax court ruled, rejecting her appeal of the state tax department's findings except for small adjustments.
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December 09, 2024
Honduras Looks To Duck $11B Claim From US Developer
The Republic of Honduras has told the International Centre for the Settlement of Investment Disputes it objects to immediately facing a nearly $11 billion investor-state dispute before an ICSID tribunal, saying it will only consent to arbitration after local remedies are exhausted.
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December 09, 2024
Vail Resorts Says Colo. District Can't Escape Debt Deal
A Colorado special district seeking to revive a lawsuit challenging an intergovernmental agreement from the early 2000s is only trying to avoid repaying millions of dollars in debt, Vail Resorts and another special district told a state appellate court.
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December 09, 2024
RealPage Says DOJ's Ended Multifamily Rental Criminal Probe
RealPage said the U.S. Department of Justice had ended a criminal probe into the multifamily rental housing industry's pricing practices, adding that the algorithmic pricing company was never identified as an investigation target.
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December 09, 2024
Biden Proclaims 1st Indian Boarding School A National Monument
President Joe Biden on Monday issued a proclamation declaring the first Indian boarding school a national monument, saying that giving the Carlisle, Pennsylvania, site the designation will help to ensure that a shameful era of American history is never forgotten or repeated.
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December 09, 2024
Insurer Asks 7th Circ. To Review Faulty Work Coverage Ruling
An insurer urged the Seventh Circuit on Monday to review a ruling requiring it to defend an architectural design firm and its owner against faulty work claims seeking more than $3.4 million in damages, saying the ruling is contrary to an Illinois Supreme Court decision involving the same issues.
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December 09, 2024
Ill. Congresswoman Denies Undue Influence From Madigan
U.S. Rep. Nikki Budzinski was called to the witness stand Monday in the racketeering trial of former Illinois House Speaker Michael Madigan, where she testified that while she received multiple job recommendations from Madigan as a former senior aide to Illinois Gov. J.B. Pritzker, those candidates were only hired if they were qualified.
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December 09, 2024
Man Owed $264K Under US-Canada Tax Treaty, Court Says
A U.S. man living abroad is allowed under the U.S.-Canada tax treaty to claim a foreign tax credit for nearly $264,000 in payments of the Affordable Care Act's net investment income tax, the Federal Claims Court said.
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December 09, 2024
Elkins Kalt Real Estate Investment Atty Jumps To Loeb & Loeb
Loeb & Loeb LLP has continued expanding its West Coast team, announcing Monday it is bringing in an Elkins Kalt Weintraub Reuben Gartside LLP real estate investment expert as a partner in its Los Angeles office.
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December 09, 2024
Orrick Adds Data Center-Focused Real Estate Atty In Chicago
Orrick Herrington & Sutcliffe LLP announced Monday it has welcomed an experienced real estate attorney from Loeb & Loeb LLP as a new partner in the firm's Chicago office, describing the hiring as a response to the increased demand for data center and digital infrastructure support.
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December 09, 2024
Supreme Court Won't Review Ex-HUD Official's Conviction
The U.S. Supreme Court declined to hear the case of a former staffer in the U.S. Department of Housing and Urban Development's Office of Inspector General who was convicted of failing to disclose a loan from a friend who was later hired as a government subcontractor.
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December 09, 2024
Barington And Thor Invest In Macy's, Push For New Direction
Barington Capital Group LP and Thor Equities LLC said Monday they've taken a position in Macy's as they pushed the storied retailer to make strategic changes to help "improve shareholder value," while Macy's acknowledged the development and disclosed it was being counseled by Wachtell Lipton Rosen & Katz on the matter.
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December 07, 2024
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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December 06, 2024
Billionaires Show New Interest In Texas' Intermediate Courts
Billionaire-backed funding in Texas helped push a wave of Republican judges who swept races for intermediate appellate courts across the state, representing a new level of corporate spending in judicial races often marked by underfunded campaigns and low voter awareness.
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December 06, 2024
Wash. City Says Tribe's ER Shelter Sidesteps Safety Concerns
The city of Toppenish has told a Washington federal judge that the Yakama Nation has no right to use a local property within reservation boundaries to operate a 24-hour emergency cold weather shelter, arguing that building health and safety issues can't be sidestepped.
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December 06, 2024
High Court To Weigh $47M TM Award Liability For Non-Parties
A trademark case before the U.S. Supreme Court Wednesday will delve into whether corporate affiliates of a real estate development company should be liable for an infringement judgment of nearly $47 million, even though they were not named defendants in the litigation.
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December 06, 2024
J&J Seeks New Talc Trial As Developer Seeks $30M More
As Johnson & Johnson seeks to toss the underlying verdict, a real estate developer and cancer patient who was awarded $15 million in compensation from a talc trial jury has asked a Connecticut state judge to award another $30 million to punish the company for allegedly putting "profits over people."
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December 06, 2024
Advocates Shine Light On Rash Of Deficient Evictions In NJ
A new report from a team of New Jersey housing experts found that as many as 29,000 tenants and tenant families may be evicted in the Garden State every year based on legally deficient complaints. Now they’re calling for greater oversight in the state’s landlord-tenant courts.
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December 06, 2024
Ex-Conn. Official Seeks To Delay Trial Over Other Legal Case
Former Connecticut state budget official Konstantinos Diamantis asked a federal judge Friday to delay his upcoming corruption trial, because his preparation was derailed by the recent death of his mother and he and his counsel were forced to divide their attention with "another legal matter."
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December 06, 2024
Real Estate Recap: Valley National, Office Insights, Proptech
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Valley National Bank's $925 million loan portfolio sale, takeaways from office sector activity in 2024, and one BigLaw firm's strategic bet on proptech.
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December 06, 2024
$29.75M Deal Proposed To End Del. Latch Inc. SPAC Suit
Attorneys for investors who bought into Latch Inc.'s Tishman Speyer-led, $1.5 billion take-public deal only to see their shares nosedive have tentatively settled consolidated class damage claims for $29.75 million, according to a Delaware Court of Chancery filing.
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December 06, 2024
Huizar's Big Brother Avoids Jail In LA City Hall Bribery Case
The older brother of former Los Angeles City Councilor José Huizar on Friday avoided prison for lying to investigators about his role laundering bribes for the disgraced politician, with a California federal judge crediting the defendant's cooperation after he "finally decided to tell the truth."
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December 06, 2024
NYC Council OKs Mayor's Affordable Housing Plan
The New York City Council passed a package of zoning reforms designed to spur housing production, greenlighting Mayor Eric Adams' City of Yes for Housing Opportunity plan after the city and state agreed to earmark $5 billion in funding to accompany the zoning overhaul.
Expert Analysis
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What Fla. Ruling Means For Insurer Managed Repair Programs
A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.
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Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry
As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Series
NC Banking Brief: All The Notable Legal Updates In Q2
After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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What NYC's Green Fast Track Means For Affordable Housing
New York City's Green Fast Track for Housing initiative, which went into effect last month, aims to speed up the environmental review process for modest residential developments and could potentially pave the way for similar initiatives in other cities, say Vivien Krieger and Rachel Scall at Cozen O'Connor.
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The Often Overlooked NY Foreclosure Notice Requirements
As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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A Case Study For Calif. Cities In Water Utility Takeovers
With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.