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Real Estate
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November 25, 2024
Judge Bemoans 'Chaotic' Contracts In Jack Nicklaus IP Case
The New York state judge presiding over golf legend Jack Nicklaus' intellectual property lawsuit on Monday signaled he may not be able to untangle a set of contradictory contracts, which could lead to a trial over who can use the "Golden Bear's" name and likeness.
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November 25, 2024
Hemp Sellers Say Conn. Cannabis Laws Violate Constitution
A dozen Connecticut hemp retailers filed a federal lawsuit against the governor and attorney general challenging a number of state laws meant to regulate so-called high-THC hemp products, claiming the statutes are so vague they are unconstitutional.
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November 25, 2024
Feds Want Ex-FBI Agent's Bribery Appeal Tossed
Federal prosecutors have told the D.C. Circuit to reject an ex-Federal Bureau of Investigation agent's appeal of his bribery convictions in a property buying scheme, arguing there was "sufficient evidence" against him.
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November 25, 2024
Judge Vacates Minnesota Mediation Order In Land Dispute
A federal district court judge on Monday vacated a mediation order in a dispute over more than 3,000 acres of land taken into trust for a Minnesota tribe after parties involved in the litigation said any settlement would require compromise on their legal positions or a voluntary remand.
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November 25, 2024
NJ Judge Allows Nonprofit To Join Affordable Housing Fight
A New Jersey nonprofit is aligned with the state's government in a challenge to a new affordable housing obligation framework it adopted, but that alignment of goals does not mean the nonprofit should not also be allowed to intervene on the case, a Garden State judge said in an order.
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November 25, 2024
Tenant's Death Excluded From Coverage, Kansas Judge Says
A Kansas federal judge granted an insurer an early win in a coverage dispute with an apartment complex over an underlying lawsuit in which a tenant's son says his father died of hypothermia because of a faulty furnace, finding that a "habitability exclusion" barred coverage for the suit.
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November 25, 2024
Mortgage Co. Unfairly Inflated Borrowers' Balances, Suit Says
Shellpoint Mortgage Servicing was hit Friday with a proposed class action alleging the company and its predecessor in interest, Specialized Loan Servicing LLC, inflated borrowers' balances on long-dormant second mortgages through "unfair, deceptive and unconscionable means."
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November 25, 2024
4th Circ. Stands By HELOC 'Offset' Ruling Against PNC
The full Fourth Circuit has declined to reconsider a panel decision that extended protections under the Truth In Lending Act by barring banks from dipping into a cardholder's deposit account to cover outstanding payments on a home equity line of credit without the borrower's consent.
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November 25, 2024
Law Firm Leasing Surpasses Pre-COVID Rate So Far In 2024
The rate at which U.S. law firms are signing major office leases — those at or above 20,000 square feet — has surpassed pre-pandemic levels, according to new data released by Savills on Monday, showing that while activity is up, firms are divided on whether to expand, downsize or maintain their square footage.
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November 25, 2024
AG Slams Bid To 'Indoctrinate' Public In NJ RICO Case
New Jersey Attorney General Matt Platkin has rebuffed attacks from businessman George Norcross and others charged in his office's sprawling racketeering case in a pair of opposition filings, accusing the defendants of attempting to try the case in the press and contending that their argument to toss the case is out of place.
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November 25, 2024
DOJ Says Realtor Commissions Deal Is No Antitrust Shield
The U.S. Department of Justice warned the National Association of Realtors that changes to broker commission rules agreed to in a settlement with home sellers do not shield the industry from government antitrust scrutiny.
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November 25, 2024
Fla. Judge Trims Complaint Over Deadly Crane Collapse
A Florida state court judge Monday dismissed several liability counts against a Connecticut manufacturer sued in a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people, saying the liability allegations must be more specific.
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November 25, 2024
Justices Won't Hear Takings Clause Claim For Wrecked House
The U.S. Supreme Court on Monday denied a woman's petition seeking to review a Fifth Circuit decision that held McKinney, Texas, did not need to compensate her for destroying her home while resolving a hostage situation with an armed fugitive.
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November 25, 2024
Housing Project Will Pollute Public Water, Conn. City Says
The construction of 16 houses in Ledyard, Connecticut, will contaminate the groundwater and endanger the drinking water supply for people living on the site, the city of Groton's water department said in an appeal of the project's approval to the state court.
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November 25, 2024
Condo Boards Likely Safe From Corporate Transparency Law
New corporate reporting requirements under an anti-money laundering law likely do not apply to condominium associations, a Massachusetts federal judge ruled.
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November 25, 2024
Fla. Judge Won't Toss Banker's Suit Over $1.7M Stolen Funds
A Florida judge said Monday he would not dismiss a lawsuit by a Miami banker who is the son of Ecuador's former comptroller accusing his company's ex-CFO of embezzling $1.7 million to invest in a condominium unit, but the judge ordered the banker to provide a more specific breakdown of the allegedly misused funds.
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November 25, 2024
3 Firms Guide $11.5B Building Materials Co. Buyout
Summit Materials Inc. announced Monday that it has reached an agreement to be bought out by rival Quikrete Holdings Inc. that sees the construction materials company valued at $11.5 billion, in a deal guided by Davis Polk, Troutman Pepper and Covington.
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November 25, 2024
Home Automation Co. Strikes $1.5M Deal To End OT Suit
A smart home technology company reached a $1.5 million deal to resolve allegations from a collective of current and former employees who accused the company of wrongfully classifying them as overtime-exempt, costing them overtime pay, according to a filing in Georgia federal court.
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November 25, 2024
Justices Won't Review Mich. Gun Range Ban
The U.S. Supreme Court on Monday rejected a proposed gun range's challenge to a Michigan town's zoning denial, denying its petition over Second Amendment protections for firearm training.
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November 22, 2024
Ex-NFL Player Scott Turner Picked For Trump's HUD Secretary
Donald Trump announced Friday that he nominated retired NFL player and former executive director of the White House Opportunity and Revitalization Council Scott Turner to serve as secretary of the U.S. Department of Housing and Urban Development.
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November 22, 2024
Real Estate Recap: AI, NY Rent Control, NEPA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.
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November 22, 2024
Service Fees Not 'Incidental' To Debt Collection, 11th Circ. Told
Ocwen Loan Servicing LLC urged the Eleventh Circuit on Friday to reverse two Florida lower court judgments finding it violated debt collection practices with a fee to process phone or internet payments, saying it's not an illegal "incidental" charge because the borrower is paying for an optional service.
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November 22, 2024
Insurer Says Property Co. On Hook For $250K Cyber Theft
An insurer for a Washington condominium association told a federal court that a property management services company must reimburse the carrier for nearly $250,000 its insured lost after cybercriminals allegedly hacked into the management company's computer system and made payment requests from the condo association's bank account.
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November 22, 2024
Malaysia Looks To Shore Up Counterattack Over $14.9B Award
Units of Malaysia's national energy company have kicked off new litigation in Delaware and New York, seeking additional information as they look to fight back against a massive $14.9 billion arbitral award issued in a territorial dispute stemming from a 19th-century land deal.
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November 22, 2024
DC RealPage Antitrust Suit Will Get New Judge In 2025
The District of Columbia's case accusing a slew of landlords of using property management platform RealPage to fix the price of rentals is proceeding on schedule, but the judge who has been overseeing the case is going to be handing the matter off to another at the end of the year.
Expert Analysis
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Cannabis Biz Real Estate Loan Considerations For Lenders
Now that cannabis sales are legal in some states, real estate lenders are interested in financing the land used by cannabis companies, but because cannabis sales are still illegal under federal law, lenders must make adjustments for cannabis-adjacent transactions, say Mark Levenson and Jeffrey Wendler at Sills Cummis.
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Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Maryland 'Rain Tax' Ruling May Offer Hope For Tax Credits
A Maryland state appellate court's recent decision in Ben Porto v. Montgomery County echoes earlier case law upholding controversial stormwater charges as a valid excise tax, but it also suggests that potential credits to reduce property owners' liability could get broader in scope, says Alyssa Domzal at Ballard Spahr.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions
Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.
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Shipping Containers As Building Elements Require Diligence
With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.
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7th Circ. Ruling Expands CFPB Power In Post-Chevron Era
The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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NY Ruling Offers A Foreclosure Road Map For Lenders
A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.