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Real Estate
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June 13, 2024
Red Roof Had 'Revolving Door' For Trafficking, Ga. Jurors Told
A former Red Roof Inn Inc. employee and the leader of a nonprofit testified Thursday about sex trafficking they saw take place at two metro Atlanta Red Roof Inn locations as part of a landmark civil trial in which 11 women allege the company knew trafficking was taking place at the locations and did nothing to stop it.
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June 13, 2024
Pryor Cashman Aided Developer Fraud, Owes $5.7M, Cos. Say
New York-based law firm Pryor Cashman LLP has been hit with a $5.7 million lawsuit in state court accusing it of aiding and abetting fraud while representing a real estate developer by allegedly providing false information to another party in a transaction involving a Manhattan property.
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June 13, 2024
Blackstone's $10B AIR Buy Gets Nod From Top 2 Proxy Firms
Denver-based Apartment Income REIT Corp.'s shareholders have recommendations from the two leading proxy advisory firms to approve an agreement to sell off the real estate investment trust to private equity giant Blackstone for $10 billion, the company announced June 13.
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June 13, 2024
Bond Denial Upheld For Army Construction Project
An Illinois federal judge affirmed an arbitration award relieving two insurers of covering a $1.8 million bond issued to a subcontractor retained for a U.S. Army construction project, upholding the arbitrator's finding that the status of the project wasn't accurately represented at the time of bond procurement.
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June 13, 2024
Conn. Justices Side With Ritzy Borough In Legal Notice Case
The borough of Fenwick, Connecticut, provided adequate legal notice of zoning changes that would allow for short-term home rentals, the state Supreme Court ruled Thursday, rejecting arguments that officials published their decision in a newspaper that does not substantially circulate in the affluent community.
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June 13, 2024
Polsinelli Opens In Fort Worth With 4-Atty Texas Firm Combo
Polsinelli PC has stepped into its third Lone Star State city by bringing on the four-attorney team from Commercial Law Advisors PLLC in Fort Worth, Texas.
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June 12, 2024
$18.8M Theft Coverage Suit Must Be Heard In State Court
A Texas federal judge ruled that a lawsuit brought against an insurer over $18.8 million in theft and vandalism at a Georgia shopping center belongs in state court, refusing to create diversity by removing a plaintiff.
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June 12, 2024
Judge Tells Embezzling Atty To Focus As Sentencing Looms
An Illinois federal judge on Wednesday again denied a former attorney's bid for a new trial or pre-sentencing release after a jury convicted him of misappropriating a now-shuttered bank's embezzled funds, saying he should concentrate on his upcoming sentencing instead.
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June 12, 2024
NJ Judicial Privacy Law Hit With Constitutional Challenge
Companies accused of violating Daniel's Law hit back in New Jersey federal court this week, calling the judicial data privacy protection measure unconstitutionally vague, harsh and riddled with loopholes, and arguing it is being "cynically" misused by the plaintiff, a data privacy company.
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June 12, 2024
Saul Ewing, Atty Allowed 'Unconscionable' Lease, Suit Says
A former Saul Ewing LLP client who is considered a vulnerable adult is suing the firm and one of its partners, claiming the lawyer failed to negotiate the "unconscionable terms" of a lease that required the client to take out a $400,000 loan and allowed his stepbrother tenant to pay rent one-seventieth the property's market value.
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June 12, 2024
Ore. Tax Court Affirms No Retroactive Fix To Home Value
The tax valuation of an Oregon residence erroneously assessed at a larger square footage cannot be retroactively reduced, the Oregon Tax Court said, upholding the state tax department's rejection of the request.
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June 12, 2024
First 'Survivor' Winner Wants $3M Tax Case Tossed
The winner of the first season of the TV series "Survivor" asked a Rhode Island federal court to toss the government's case against him seeking nearly $3.3 million in unpaid taxes, saying the liabilities stem from his flawed criminal conviction for tax evasion nearly 20 years ago.
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June 12, 2024
Pillsbury Adds Aviation-Focused Bankruptcy Partner In NY
Pillsbury Winthrop Shaw Pittman LLP has hired a corporate restructuring partner with aviation expertise for its insolvency and restructuring group in New York.
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June 11, 2024
2nd Circ. Cites Macquarie In Booting Suit Over Go-Private Deal
The Second Circuit refused to revive a proposed class action accusing a real estate services provider of artificially depressing share prices, applying apparently for the first time the U.S. Supreme Court's Macquarie decision on alleged failures to disclose certain information.
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June 11, 2024
Ariz. Wants To Oppose Its Legislature In Monument Lawsuit
The state of Arizona wants to intervene in a lawsuit by its Republican House and Senate lawmakers that challenges President Joe Biden's proclamation designating an Indigenous site in the Grand Canyon region a national monument, arguing that the legislative body lacks authority to assert those claims in federal district court.
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June 11, 2024
Listing Co. Urges Court To Ignore DOJ's Broker Deal Issues
A multiple listing service that has struck a $3 million settlement over broker commission rules told a Massachusetts federal court the changes proposed by the U.S. Department of Justice go far beyond what's required and would create an antitrust problem in the real estate industry.
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June 11, 2024
2025 Trial Set For Ex-Conn. Official Charged In Kickback Scheme
A Feb. 6 jury selection date has been set in a federal corruption case accusing a former Connecticut state budget official, lawmaker and beleaguered attorney of extortion and bribery in connection with millions in school finance projects.
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June 11, 2024
Insurer Given Early Exit From Contractor's Cost Overrun Suit
An insurance company was axed Monday from a general contractor's $8.5 million lawsuit against a developer seeking payment for its work building an apartment complex, with a North Carolina state court judge ruling it was too soon to rope in the insurer.
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June 11, 2024
WeWork Announces CEO Switch As It Leaves Ch. 11
WeWork, fresh from the confirmation of its Chapter 11 restructuring plan, said Tuesday it will be led by John Santora, who will take over as CEO as the company leaves bankruptcy behind.
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June 11, 2024
Ga. Justices Say 1-Year Lawsuit Window Stands In Death Case
The Supreme Court of Georgia won't hold liable a home inspector sued by the family of a man who was killed when his home's retaining wall collapsed, ruling Tuesday that the inspector's one-year statute of limitations doesn't violate a state ban on hold harmless provisions in construction contracts.
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June 11, 2024
DOE Urges DC Circ. To Extinguish Furnace Rule Fight
The U.S. Department of Energy on Monday defended its tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that arguments that the new regulations unlawfully force a costly switch to new appliances are meritless.
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June 11, 2024
Colo. Eviction Law Firm Hit With Suit Over Fee Mark-Ups
A Colorado law firm that specializes in representing landlords in evictions was hit Tuesday with another federal lawsuit alleging the firm violated debt collection laws with the billing of tenants for attorney fees before eviction proceedings are resolved.
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June 11, 2024
Feds Want 10 Years For Ex-Chicago Alderman Burke
Federal prosecutors asked an Illinois federal judge Monday to send former Chicago Alderman Ed Burke to prison for 10 years for "brazenly and boldly" using his official position to steer tax business to his law firm, while Burke requested a sentence of probation, bolstered by letters of support from prominent attorneys and retired judges.
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June 11, 2024
Vt. Short-Term Rental Tax Proposal Vetoed
A Vermont bill that would have imposed a 3% surcharge on short-term rentals was vetoed by the governor.
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June 11, 2024
Pepsi Bottling Partner Hit With Pollutant Lawsuit In Mass.
A Massachusetts environmental advocacy group has followed through on plans to sue a bottler of Pepsi products over alleged violations of the Clean Water Act, but a lawyer for the Conservation Law Foundation says the organization is "optimistic" it will be able to resolve the issue.
Expert Analysis
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Sale-Leasebacks May Provide A Safe Financing Alternative
Amid rising interest rates and unpredictable market conditions, sale-leasebacks can be a useful investment option for both buyers and sellers, though their potential drawbacks demand careful consideration, says Chanel Di Blasi at Crosbie Gliner.
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5 Recent Developments Family Offices Are Watching In 2024
Although family offices have long been exempt from many of the more onerous regulations and reporting requirements governing U.S. investment advisers and asset managers, recent amendments to federal rules will have an impact on how family offices invest and operate in 2024, say attorneys at Morgan Lewis.
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A Challenging CRE Environment Holds Opportunities In 2024
As the commercial real estate market faces reduced occupancy levels and rising financing costs, the new landscape will be favorable to those who can leverage capital, strategic vision and expertise to meet challenges like taking on distressed properties and converting office space to residential use, say Nesa Amamoo and Vered Rabia at Skadden.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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5 Most Notable Class Action Standing Cases Of 2023
Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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A Difficult Year For CRE, But Future May Be Brighter
2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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3 Developments That Will Affect Hospitality Companies In 2024
As the hospitality industry continues its post-pandemic recovery, it faces both challenges and opportunities to thrive in 2024, including navigating new labor rules, developing branded residential living spaces and cautiously embracing artificial intelligence, says Lauren Stewart at Sheppard Mullin.
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What WeWork's Ch. 11 Filing Means For Landlords
WeWork’s recent Chapter 11 filing in New Jersey has the potential to be one of the most consequential cases in the real estate industry in many years, and presents a number of issues for landlords, including unexpired leases, assumption, assignment and more, say attorneys at Mayer Brown.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Clean Water Act Jurisdiction Still Murky After A Choppy 2023
This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
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The 4 Top Philadelphia Commerce Court Opinions Of 2023
Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.
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A Former Bankruptcy Judge Talks 2023 High Court Rulings
In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.