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Real Estate
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May 27, 2025
LA County, Pasadena Shirking Eaton Fire Inspections, Suits Say
Two groups of California renters took to state court to sue Los Angeles County and the city of Pasadena for failing to properly inspect their homes after the Eaton Fire and for not making property owners decontaminate them.
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May 27, 2025
Paul Hastings Lands 5-Atty LA Real Estate Team From Latham
Paul Hastings LLP's real estate practice is adding an experienced five-partner land use team from Latham & Watkins LLP in Los Angeles, the firm announced Tuesday.
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May 27, 2025
High Court Won't Hear Apache's Bid To Undo Mining Decision
The U.S. Supreme Court will not take up a challenge by an Apache nonprofit that seeks to undo the federal government's transfer of nearly 2,500 acres of land to an Arizona copper mining company, a decision that could ultimately decide the fate of a centuries-old Indigenous worship site.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
Real Estate Recap: Opp Zones, SFR Sector, NYC Casinos
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the "Big, Beautiful Bill" would tweak rules for opportunity zones, the prognosis for the single-family rental sector, and a look at the seven remaining bids for casino licenses in New York City.
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May 23, 2025
Calif. Developer Duped Churchgoers In $46M Scam, Feds Say
A Sonoma, California, real estate developer faces federal wire fraud and money laundering charges in connection with claims he duped hundreds of would-be investors — some of whom are described in court filings as elderly members of his church congregation — into giving him over $46 million as purported investments in certain real estate limited partnerships that their funds were never actually invested in.
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May 23, 2025
9th Circ. Judges Grapple With Funko Investors' Fraud Claims
Ninth Circuit panelists said Friday they were "struggling" with an appeal from a group of investors in a proposed class securities fraud case against toymaker Funko, expressing skepticism that the shareholders had shown corporate leadership knowingly misrepresented the status of a software update that flopped.
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May 23, 2025
X Corp. Hit With $8.2M Judgment Over Colo. Lease Breach
A Colorado state judge on Friday found that X Corp. violated a lease and ordered the company to pay more than $8.2 million in unpaid rent and other costs, citing testimony from a former employee that the social media company stopped making rent payments on various leases as a "renegotiating tactic."
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May 23, 2025
Report By Law Prof Filed In Ex-Atty's Bid To Win Back House
A Florida law professor's report filed this week with the state Supreme Court calls a Tampa judge's order taking away an attorney's home "manifestly erroneous," asserting the ruling handed down more than eight years ago was made without determining whether the property had state constitutional protection from creditors.
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May 23, 2025
9th Circ. Upholds Ch. 13 Plan Against Debt Bifurcation Appeal
The Ninth Circuit rejected a mortgage lender's bid to overturn a California couple's bankruptcy plan, ruling their recalculated home value qualified them for Chapter 13 despite initial estimates exceeding the unsecured debt limit.
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May 23, 2025
IP Notebook: Trump's AI Plan, ChatGPT Logs, Dewberry Cited
In this round of emerging issues in copyright and trademark law, Law360 takes a closer look at comments submitted to the National Science Foundation and other federal agencies to create an Artificial Intelligence Action Plan as part of an executive order from President Donald Trump.
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May 23, 2025
Judge Skeptical Of Harm In Recall Of Tribe's Gambling Eligibility
A D.C. federal judge on Friday signaled concerns with the Interior Department's decision to revoke a California tribe's gambling eligibility for a casino-resort project in the Bay Area, but said that the tribe faces an uphill battle in establishing the irreparable harm needed to secure a preliminary injunction.
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May 23, 2025
Ga. Bar OKs Real Estate Deals Via Video
The State Bar of Georgia has adopted a formal ethics opinion allowing attorneys to close real estate deals via video conference, finding that the remote appearances satisfy lawyers' duty to be "present" at closings.
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May 23, 2025
NC Biz Court Serves Up Wins In Real Estate Commission Fight
North Carolina's business court gave a food service company and a real estate broker partial wins in their ongoing commission dispute, ruling that the broker is entitled to commissions on transactions it has not been paid for but cannot require the food firm to use it for future deals.
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May 23, 2025
Va. Deed Tax Due On Actual Property Value, Ruling Says
Virginia's deed recordation tax is paid based on the current assessed value of a property, rather than its value during a foreclosure sale, the state tax commissioner said.
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May 23, 2025
Furniture Cos. Say Insurer Owes For $10M Flood Losses
Two metro Detroit furniture stores accuse an insurer of breach of contract after it refused to cover more than $10 million in collective damages caused by flooding from a ruptured city water supply line in a case removed to Michigan federal court.
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May 23, 2025
Taxation With Representation: Troutman, A&O Shearman
In this week's Taxation With Representation, Blackstone acquires TXNM Energy, OpenAI buys io Products, Lumen Technologies sells its Mass Markets fiber-to-the-home business in 11 states to AT&T, and AMD sells its data center infrastructure manufacturing business to Sanmina.
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May 22, 2025
Wash. Justices Undo Landlord Win In Eviction Answer Dispute
Washington's highest court overturned a Seattle-area landlord's eviction victory on Thursday, saying any tenant who responds to a summons with a written "notice of appearance" can't be hit with a default judgment for failing to file an answer in an unlawful detainer action.
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May 22, 2025
Trump Admin Ends Early Biden-Era Memphis Redlining Deal
A Tennessee federal judge on Wednesday approved a Trump administration request to terminate a redlining consent order with Trustmark National Bank, closing out the settlement that kicked off a Biden-era crackdown on mortgage lending discrimination.
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May 22, 2025
5th Circ. Revives 'Unclean Hands' Defense In Ch. 13
A Louisiana homeowner can head back to bankruptcy court to try to discharge a $75,000 judgment against him from a contractor who said it was stiffed, a panel of the U.S. Court of Appeals for the Fifth Circuit has ruled.
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May 22, 2025
Rehab Greenhouse Violated Zoning Rules, Conn. Justices Say
A drug rehab center's attempt to operate a 2,100-square-foot plastic greenhouse as a therapy facility on a northwestern Connecticut farm was an impermissible expansion of a previous nonconforming land use, the state's highest court ruled Thursday, overturning the center's earlier appellate court victory in a zoning dispute.
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May 22, 2025
Ill. AG, Trump Tower Strike $4.8M Deal To End Wastewater Row
Illinois' attorney general announced Thursday that the state has struck a deal with the owners of Trump International Hotel and Tower in Chicago to resolve litigation over the hotel's continual underreporting of the amount of wastewater it discharges into the Chicago River, in violation of environmental laws.
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May 22, 2025
Servicer, BNY Seek Exit From Mortgage Statement Suit
Bank of New York Mellon and a mortgage servicing company have urged a Massachusetts federal court to permanently dismiss a proposed class action accusing them of trying to collect on post-bankruptcy liens, saying federal lending law does not obligate servicers to send mortgage statements to borrowers.
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May 22, 2025
Neb. Gov. Rejects Letting Districts Tax Outside Property
A Nebraska bill to let some local taxing districts impose taxes on property outside their boundaries, and to create statewide standards for inspections by public housing authorities, was vetoed by the state's governor.
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May 22, 2025
Coalition Backs Calif. Tribe's Fight Over $700M Casino Project
A coalition of tribes weighed in on a dispute over the federal government's decision to rescind gambling eligibility for the Scotts Valley Band of Pomo Indians' $700 million casino project, questioning the federal government's perceived acquiescence to pushback from other tribes.
Expert Analysis
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CRE Challenges Demand New Lease And Development Plans
As developers and landlords face declining occupancy of commercial, industrial and office space post-pandemic, a combination of business and lease considerations may better position stakeholders to protect the value and profitability of their commercial real estate, says Geoffrey Leskie at Segal McCambridge.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Ch. 11 Free-And-Clear Sale Ruling Takes Pragmatic Approach
A recent ruling from a New York bankruptcy court in which the debtors were allowed to sell interests free and clear regardless of a lienholder's objection signals a practical approach and a recalibration of the balance between debtor flexibility and creditor protections, say attorneys at Eversheds Sutherland.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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The Repercussions Of FEMA's Wildfire Cleanup Policy Cuts
The Federal Emergency Management Agency recently announced a decision to cease conducting additional soil tests to confirm that the land is safe and free of toxins after wildfires, meaning people could be moving back into houses unfit for human habitation, potentially leading to years of lawsuits, says Vineet Dubey at Custodio & Dubey.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.