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Real Estate
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November 07, 2024
Ex-GE Affiliate Cleared In Bellwether Chemical Leak Verdict
A Louisiana jury has cleared General Electric Co. and former subsidiary Dresser LLC of liability in a bellwether suit over allegations that they improperly disposed of chemicals that contaminated the Rapides Parish area.
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November 06, 2024
Venue For Fla. County Suit Against Funder Getting New Look
A Florida appellate court ruled Wednesday that Palm Beach County can't use the "sword-wielder" exception to deny a funding agency's choice of court in a lawsuit over the authority to levy property taxes, saying the agency has proved it's a governmental entity entitled to a home venue privilege.
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November 06, 2024
Contractor Seeks Redo In Guatemala Power Plant Award Fight
A contractor on an ill-fated Guatemalan power plant construction project urged the Eleventh Circuit on Wednesday to reconsider its decision refusing to vacate an arbitral award favoring the plant's owner, saying the panel failed to properly consider "clear evidence" of corruption tarnishing the underlying contract.
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November 06, 2024
Browns Won't Stop Ohio From Joining Stadium Dispute
The Cleveland Browns told an Ohio federal court that it has no problem with the state joining the City of Cleveland in facing down the NFL team's suit, which claims that a state law unconstitutionally impedes the team's plan to move to a new stadium.
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November 06, 2024
Ga. Judge Trims Insurer's Shooting Coverage Claims
A Georgia federal judge Wednesday threw out as premature AMCO Insurance Co.'s claim asserting it has no duty to indemnify an apartment complex facing litigation after a resident was struck by multiple bullets while sleeping, but left in place its claim it has no duty to defend the complex.
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November 06, 2024
Ex-Exec Says Do-Nothing ComEd Jobs A Favor To Madigan
A former Commonwealth Edison executive testified Wednesday that several subcontractors the utility kept on the payroll for years did little to no work and were hired as a favor for former Illinois House Speaker Michael Madigan, bolstered by a series of recordings he captured while cooperating with the government.
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November 06, 2024
FINRA Fines Firm Over Lax Real Estate Investment Diligence
The Financial Industry Regulatory Authority ordered broker-dealer XP to pay $800,000 in restitution and penalties to settle claims that, among other things, it recommended investments in a series of real estate-focused private placements without conducting proper due diligence on them, leading to investor losses when the offerings flopped.
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November 06, 2024
NJ Authorizes Sharing Property Tax Info To Calculate Credits
New Jersey authorized the sharing of taxpayers' unredacted property tax information to calculate tax credits as part of a property tax relief program under a bill signed by Democratic Gov. Phil Murphy.
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November 06, 2024
Clerk Targeted During Trump Civil Trial Is Elected Judge
A law clerk under New York Supreme Court Justice Arthur Engoron who faced death threats after being singled out by now President-elect Donald Trump during his civil fraud trial last year has been elected as a judge.
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November 06, 2024
Simpson, Clifford Chance Build $4B Blackstone Deal For REIT
Blackstone announced Wednesday it will pay $4 billion to acquire grocery store-focused real estate investment trust Retail Opportunities Investment Corp., in a deal built by respective legal advisers Simpson Thacher & Bartlett LLP and Clifford Chance US LLP.
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November 06, 2024
Ariz. Judge Blocks Lithium Exploration Drilling Project
An Arizona federal judge blocked a third phase of a Sandy Valley lithium exploration project Tuesday, ruling that the Bureau of Land Management likely fell short of its duties to weigh potential impacts to a hot spring known as Ha'Kamwe' that is sacred to the Hualapai Indian Tribe.
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November 06, 2024
Mining Developer Wants In On Nevada Lithium Project Row
The owner and developer behind the Rhyolite Ridge Lithium-Boron Mine asked a Nevada federal judge to let it intervene in a challenge brought by environmental and tribal groups seeking to upend the U.S. Department of the Interior's authorization of the mine project.
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November 06, 2024
MVP: Cadwalader's Holly Chamberlain
Holly Chamberlain led teams from Cadwalader Wickersham & Taft LLP in advising major lenders on several significant deals this year, including the origination of three mortgage loans worth a combined $3.1 billion as part of Blackstone's $10 billion take-private transaction of multifamily owner AIR Communities, earning her a spot as one of the 2024 Law360 Real Estate MVPs.
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November 06, 2024
Calif. Voters Won't Rethink City Borrowing Tool For Housing
California voters on Tuesday rejected Proposition 5, a ballot initiative that would have amended the state's constitution to make it easier for municipalities to borrow the money needed to fund affordable housing and infrastructure work.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Florida, Georgia, Others Peel Back Real Estate Taxes
Voters in seven states approved a spate of real estate tax ballot initiatives on Election Day, including measures that would curb property taxes for veterans, residential property owners and residents of municipalities that fail to enforce nuisance laws.
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November 05, 2024
California Voters Reject Cities' Rent Control Authority
California voters on Tuesday rejected Proposition 33, a ballot initiative that would have expanded local governments' authority to enact rent control measures but that opponents argued would have made the state's housing crisis worse.
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November 05, 2024
Bankruptcy Not Delaying NJ Health System's Antitrust Case
A New Jersey federal magistrate judge on Tuesday partly denied CarePoint Health Management's request to delay its antitrust case against RWJBarnabas Health Inc. because of CarePoint's recent bankruptcy filing.
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November 05, 2024
LA City Hall RICO Corruption Witness Gets Home Confinement
A California federal judge showed leniency Tuesday toward a cooperating government witness in the corruption probe of Los Angeles City Hall and sentenced the former real estate consultant to 12 months of home confinement on a racketeering charge, saying a joint recommendation of the more restrictive home detention is too harsh.
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November 05, 2024
Management Co. Says Insurer Can't Duck HOA Fire Coverage
A property management company has taken an Auto-Owners Insurance unit to North Carolina federal court for allegedly trying to pull back defense and indemnity coverage it had already been providing in an underlying lawsuit brought by a homeowners' association over a 2021 fire, arguing that it's too late for the insurer to back out.
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November 05, 2024
Alterra, JP Morgan JV Sells Property Portfolio In $490M Deal
A joint venture between Alterra IOS and institutional investors advised by J.P. Morgan Asset Management on Tuesday announced that it has sold a 51-property portfolio to Peakstone Realty Trust in an off-market transaction valued at $490 million that was built by five law firms.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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There's No Crying In Property Valuation Baseball Arbitration
The World Series is the perfect time to consider how the form of arbitration used for settling MLB salary disputes — in which each side offers competing valuations to an arbitrator, who must select one — is often ideal for resolving property valuation disputes, say Sean O’Donnell at Herrick Feinstein and Mark Dunec at FTI Consulting.
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Navigating Fla.'s Shorter Construction Defect Claim Window
In light of recent legislation reducing the amount of time Florida homeowners have to bring construction defect claims, homeowners should be sure to understand their rights and responsibilities regarding maintenance, repairs and inspections set forth in developer-drafted documents, say Brian Tannenbaum and Nicholas Vargo at Ball Janik.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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How To Avoid A Costly CPA Limitation Hidden In Most Leases
The lease audit rights clause is a seemingly innocuous provision in most commercial real estate leases that ends up costing tenants millions of dollars each year, as they have unwittingly agreed to retain only an accountant to investigate and settle financial issues, says Jason Aster at KBA Lease Services.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Opinion
Rental Price-Fixing Suit Against RealPage Doesn't Add Up
Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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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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Perspectives
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.