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Real Estate
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February 11, 2025
Feds Must Enforce Law In Dakota Pipeline Row, Court Told
The Standing Rock Sioux Tribe is fighting a bid by the federal government and a slew of Republican-led states to dismiss its lawsuit that seeks to block an energy company from operating the Dakota Access Pipeline, saying there's a mandatory duty to ensure its operations comply with environmental laws.
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February 11, 2025
Eaton Fire Victim Wants Sanctions Against SoCal Edison
A victim of the recent devastating Eaton Fire in Altadena has told a California state judge that Southern California Edison and its attorneys should face sanctions for allegedly concealing efforts to reenergize electrical transmission lines while the blaze was still burning last month.
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February 11, 2025
Insurer May Need To Pay Landlord Row Atty Fees, Panel Says
A California state appeals court found in a partial reversal that an insurer may not be owed more than $300,000 in disputed attorney fees following a $925,000 settlement it contributed to on behalf of a landlord it insured over a tenant dispute.
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February 11, 2025
NJ Bill Seeks Tax Credits For Housing At Abandoned Sites
New Jersey would create corporate and gross income tax credits for completed residential housing projects at abandoned commercial building sites under a bill introduced in the state Senate.
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February 11, 2025
Botkin Chiarello Adds Litigator From Cleveland Krist
Botkin Chiarello Calaf PLLC — an Austin, Texas, firm opened by six former Wittliff Cutter PLLC attorneys in 2023 that is focused on commercial and intellectual property litigation and general business counseling — has welcomed a litigator from Cleveland Krist PLLC.
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February 11, 2025
Investor Oaktree Closes $16B Distressed Debt Fund
Los Angeles-based Oaktree Capital Management on Tuesday said it had closed a $16 billion distressed-debt fund aimed at providing capital to companies in a variety of industries, with Kirkland & Ellis advising.
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February 11, 2025
NYC Mayor Says Bribery Case Is Over, Despite Silent Docket
Amid an absence of activity on the court docket, New York City Mayor Eric Adams declared Tuesday that the federal bribery case against him "will no longer continue," following reports of a U.S. Department of Justice memo directing prosecutors to drop the case.
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February 11, 2025
Paul Hastings Adds RE Partners From King & Spalding In DC
Two King & Spalding LLP real estate attorneys who have worked together for at least a decade have moved their practices to Paul Hastings LLP's Washington, D.C., shop, telling Law360 Pulse on Monday that they wanted to join the team because of the firm's recent growth.
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February 11, 2025
Bannon Cops To Fraud Scheme In Border Wall Case
Donald Trump's former chief strategist, Steve Bannon, pled guilty Tuesday to a single felony fraud scheme charge in New York state court as part of a deal with Manhattan prosecutors to avoid jail time in his "We Build The Wall" charity fraud case.
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February 10, 2025
Wynn Wants Justices To Undo 'Actual Malice' Defamation Test
Casino mogul Steve Wynn has asked the U.S. Supreme Court to reconsider the decades-old "actual malice" standard for public figures to prove defamation, calling it a "faulty precedent" that has enabled journalists to get away with libel in a "golden era of lies."
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February 10, 2025
Calif. Ruling Holds Wildfire Debris Not A Coverable Loss
Two California homeowners didn't have a covered claim for wildfire debris that infiltrated their home, a state appeals panel ruled, saying there was no evidence the debris caused the kind of loss or damage required for coverage.
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February 10, 2025
Texas Property Owner Seeks Over $1M In Storm Coverage
A Nationwide unit unlawfully failed to cover hail and wind damage to a Texas property, its owner alleged in federal court, accusing the insurer of fraud and violating state insurance statutes over unfair settlement practices and prompt claim payment and seeking over $1 million in damages.
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February 10, 2025
DOJ Brass Want Bribery Charges Against NYC Mayor Dropped
The U.S. Department of Justice has moved to drop public corruption charges against New York City Mayor Eric Adams, an extraordinary development in the wake of a public courtship between the embattled mayor and President Donald Trump.
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February 10, 2025
Calif. Tribe Says DOI Gives It No Protection In Casino Row
The Federated Indians of Graton Rancheria told a California federal judge that the U.S. Department of the Interior filed an incomplete status report about how it will monitor another tribe's project plans for the construction of a casino, saying the report fails to protect FIGR.
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February 10, 2025
QXO Rips Roofing Co. For Misleading Investors On $11B Offer
QXO Inc. accused Beacon Roofing Supply Inc.'s board of directors on Monday of "cherry-picking" and manipulating performance metrics in statements urging shareholders to reject an $11 billion hostile takeover bid, adding that its offer is compelling, especially given the lack of competing proposals.
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February 10, 2025
Calif. Residents Say Co. Can't Prove Price-Fixing Conspiracy
Two California residents urged a federal judge to grant them a win in a suit accusing them of conspiring to overcharge a buyer that wants to acquire their property to build a city, saying the buyer can't prove they participated in any price-fixing scheme.
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February 10, 2025
Latest Ore. Fire Verdict Brings PacifiCorp Damages To $270M
An Oregon jury held that PacifiCorp must pay $49.5 million to eight victims of the state's 2020 Labor Day wildfires, bringing the total damages verdicts in the class action to $270 million so far as more bellwether trials loom throughout 2025.
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February 10, 2025
Dallas Loses Bid To Reinstate Short-Term Rental Ban
A Texas appeals court has ruled that two Dallas ordinances criticized for effectively banning short-term rentals don't gel with property rights enshrined in the state's constitution, siding with landlords who do business on Airbnb and Vrbo.
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February 10, 2025
Ill. House Bill Seeks Study Of Eliminating Property Tax System
Illinois would direct its Department of Revenue and the governor's Office and Management and Budget to determine the possibility of eliminating the state's property tax system and replacing the revenue with income tax receipts under a bill introduced in the state House of Representatives.
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February 10, 2025
Simpson Thacher Brings On Registered Funds Partner In NY
Simpson Thacher & Bartlett LLP has hired a New York-based partner in its registered funds practice to focus on real estate and capital markets, the firm said Monday.
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February 10, 2025
BCLP Received Improper OK To Challenge Ga. Fee Ruling
A Georgia state appeals court said Monday that it improperly gave Bryan Cave Leighton Paisner LLP the green light to appeal a trial court ruling ordering the firm to return more than $125,000 in connection to a dispute between an Atlanta attorney and an airport travel spa operator.
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February 10, 2025
Trump Admin Violating Order To Unfreeze Funds, Judge Says
A Rhode Island federal judge ruled Monday the Trump administration is not complying with the court's temporary restraining order barring a freeze on funding for federal grants and programs, ordering the administration to immediately restore the frozen funds.
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February 10, 2025
Latham, Hogan Lovells Advise Hyatt's $2.6B Playa Hotels Buy
Latham & Watkins LLP guided Hyatt Hotels Corp. on a $2.6 billion acquisition announced Monday of Playa Hotels & Resorts NV — which operates resorts in Mexico, the Dominican Republic and Jamaica — and worked with Hogan Lovells on the deal.
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February 10, 2025
Bannon To Plead Guilty In Border Wall Fraud Case, Avoid Jail
Former Donald Trump adviser Steve Bannon plans to plead guilty as part of a deal with New York state prosecutors to resolve fraud charges connected to fundraising for a U.S. southern border wall, allowing him to avoid any prison time, one of his lawyers said Monday.
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February 07, 2025
Trump Isn't Obeying Order To Unfreeze Funds, States Say
The Trump administration is not complying with a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order and to enter a stiffer injunction blocking the funding freeze.
Expert Analysis
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What To Know About CFPB Stance On Confidentiality Terms
A recent circular from the Consumer Financial Protection Bureau represents a growing effort across government agencies to address overbroad confidentiality agreements, and gives employers insight into the bureau's perspective on the issue as it relates to the Consumer Financial Protection Act, say Holly Williamson and Elizabeth King at Hunton.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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What's Next For Federal Preemption In Financial Services
The Office of the Comptroller of the Currency's review of its preemption interpretations and growing pressure from state regulators signal potential changes ahead for preemption in U.S. financial services, and the path forward will likely involve a reevaluation of the entire framework, say attorneys at Clark Hill.
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Increased Scrutiny Raises Int'l Real Estate Transaction Risks
Recently proposed regulations expanding the Committee on Foreign Investment in the United States' oversight, a White House divestment order and state-level legislative efforts signal increasing scrutiny of real estate transactions that may trigger national security concerns, say Luciano Racco and Aleksis Fernández Caballero at Foley Hoag.
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Financial Incentives May Alleviate Affordable Housing Crisis
There is a wide array of financial incentives and assistance that the government can provide to both real estate developers and individuals to chip away at the housing affordability problem from multiple angles, say Eric DeBear and Madeline Williams at Cozen.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Opinion
Portland's Gross Receipts Tax Oversteps City's Authority
Recent measures by Portland, Oregon, that expand the voter-approved scope of the Clean Energy Surcharge on certain retail sales eviscerate the common meaning of the word "retail" and exceed the city's chartered authority to levy tax, say Nikki Dobay at Greenberg Traurig and Jeff Newgard at Peak Policy.
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The Bank Preemption Ripple Effects After Cantero, Flagstar
The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Assessing The Practicality Of Harris' Affordable Housing Plan
Vice President Kamala Harris' proposed "Build the American Dream" plan to tackle housing affordability issues takes solid recommendations into account and may fare better than California's unsuccessful attempt at a similar program, but the scope of the problem is beyond what a three-point plan can solve, says Brooke Miller at Sheppard Mullin.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.