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Real Estate
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January 03, 2025
Real Estate Recap: All Eyes On '25
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what the experts think is in store for 2025.
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January 03, 2025
NY Nursing Home Blames AG's 'Crusade' For Ch. 11
The owner of a 588-bed nursing facility on Long Island has filed for Chapter 11 protection in a New York bankruptcy court with more than $58 million in debt, saying it was the victim of a "crusade" and "smear campaign" launched by the state attorney general's office.
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January 03, 2025
Wash. City Fights Order To Keep ER Tribal Shelter Open
The city of Toppenish, Washington, is asking a federal district court to withdraw an order allowing the Confederated Tribes and Bands of the Yakama Nation to operate a 24-hour emergency shelter, arguing that the criminal nature of regulations governing the facility preclude the tribe's arguments on the present situation.
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January 03, 2025
Attorney Sues Over Audit, Ouster From Title Insurer's Boards
Title insurer CATIC mishandled an audit of a law firm, sold services that didn't fix the alleged issues and ousted the firm's namesake attorney from the boards of two affiliated companies, a Connecticut real estate attorney has alleged in a 51-count complaint.
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January 03, 2025
Biogen Not On Hook For Disruptions Caused By Landlord
Biogen Inc. did not breach the terms of a sublease with biopharma components manufacturer Brammer Bio and bears no responsibility for any claimed losses suffered by Brammer during a construction project by the building's owner, a Massachusetts judge has concluded.
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January 03, 2025
Ore., Calif. Tribes Can't Stop Casino Project
A D.C. federal district court judge denied a bid by three tribes to block the U.S. Department of the Interior from issuing a determination that would greenlight a casino project in Oregon, saying the environmental impact statement for the endeavor does not constitute a final agency action.
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January 03, 2025
Pa. Homebuyers Say Broker Misled Them On Chicken Ban
A pair of Pennsylvania homebuyers told a state court on Thursday they have buyer's remorse after being misled by broker Coldwell Banker Real Estate Services LLC about a homeowners association's ban on chickens living on their property.
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January 02, 2025
Anchorage Residents Look To Block Tribal Casino Project
A group of Anchorage residents has sued the acting chairwoman of the National Indian Gaming Commission and the Native village of Eklutna in Alaska federal court, claiming plans to build a 58,000-square-foot casino will ruin their rural neighborhood.
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January 02, 2025
DC Allowed To Resubmit AvalonBay Rent-Fixing Claims
The District of Columbia will get another chance to tweak its claims against landlord AvalonBay Communities and see if the changes are enough to prop up allegations that it has been using the property management platform RealPage to fix the price of rentals.
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January 02, 2025
Justices Urged To Review Copyright Attorney Fee Circuit Split
A Florida real estate broker is asking the U.S. Supreme Court to decide if defendants hit with copyright infringement suits can collect attorney fees when those suits are dropped, calling the case "an obvious candidate" for high court review.
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January 02, 2025
New Jersey Judge Won't Block Affordable-Housing Law
A New Jersey state judge refused on Thursday to block a state law that aims to determine how much affordable housing must be developed, ruling that the municipalities challenging the law are obligated under the state's constitution "to provide realistic opportunities for low- and moderate-income housing."
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January 02, 2025
Oregon, California Tribes Ask Court To Block Casino Project
Three tribes are asking a D.C. federal court to block the Interior Department from issuing a final decision that would take land into trust for an Oregon casino project, arguing that the agency's lack of tribal consultation on the endeavor will cause damage to their economic and governmental interests.
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January 02, 2025
Ill. Atty Can't Avoid Prison Pending Bribery Appeal
An Illinois attorney set to serve time for bribing former Chicago alderman Edward Burke must still report to prison while he asks the Seventh Circuit to review his conviction and 32-month sentence, a federal judge said.
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January 02, 2025
Real Estate Investor Gets 2 Years For Mortgage Fraud Scheme
A New Jersey real estate investor was sentenced to two years in federal prison on Thursday for his role in a multiyear conspiracy to defraud Fannie Mae by getting the company to purchase or fund millions in mortgage loans.
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January 02, 2025
Mich. Justices Say Detroit Fire Fee Is Legal, Not A Tax
The Michigan Supreme Court has ruled a Detroit fee for a fire service program was not an unlawful tax but clarified that a regulatory program's main benefit cannot be the mere permission for a property owner to operate its business in the city.
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January 02, 2025
7th Circ. Won't Review $3.4M Faulty Work Coverage Ruling
The Seventh Circuit declined to review a ruling requiring an insurer to defend an architectural design firm and its owner against faulty work claims seeking more than $3.4 million in damages.
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January 02, 2025
Hoboken Pot Dispensary Was Rightly Approved, Panel Finds
A New Jersey appeals panel has given its approval to a Hoboken marijuana dispensary, saying the trial court was wrong to block it from operating based on an ordinance passed after it submitted a conditional use application for its location.
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January 02, 2025
The Top Property Insurance Cases To Watch In 2025
Two cases that could change the policies offered by California's insurer of last resort and a forthcoming Hawaii Supreme Court decision on a $4 billion wildfire settlement are among the top property insurance suits to follow in the new year. Here, Law360 looks at five cases that practitioners should note in 2025.
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January 01, 2025
Native American Cases To Watch In 2025
2024 brought lawsuits and rulings in state, federal district and appellate courts that will play out into 2025 with some uncertainties for Native American tribes on voting rights, protections for historical worship sites and land trust decisions.
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January 01, 2025
Trademark Cases To Watch In 2025
Justices will decide whether it's appropriate to have corporate affiliates of a trademark defendant pay $47 million in damages, and appellate courts are expected to grapple with how to apply the U.S. Supreme Court's 2023 opinion in Jack Daniel's fight over a chewy dog toy. Here are Law360's picks for trademark cases to watch in 2025.
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January 01, 2025
Federal Rules Impacted Tribes In 2024, With More To Come
U.S. federal agencies issued a slew of final rules that impacted Indigenous communities in 2024, giving their members greater autonomy over healthcare, environmental and energy regulations and land trust decisions.
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January 01, 2025
Colorado Cases To Watch In 2025
Colorado justices this year could push the boundaries of the state's consumer protection law in a class action accusing landlords of deceptive trade practices, the Tenth Circuit is poised to reverse itself in a closely watched Tiger King copyright infringement suit and massive wildfire litigation against Xcel is barreling toward trial.
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January 01, 2025
Trials To Watch In 2025
The coming year will bring the first bellwether trials in the closely watched federal baby formula mass litigation, the first courtroom battle over a COVID-19 vaccine patent and six major retailers' case against Visa and Mastercard over card swipe fees.
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January 01, 2025
Illinois Cases To Watch In 2025
Jurors will decide the fate of one of Illinois' most powerful politicians after a monthslong criminal racketeering trial and appellate courts could settle the debate over the retroactivity of damage limits to the state's much-litigated biometric privacy law, in just a few of the Illinois cases to watch in 2025.
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January 01, 2025
California Legislation And Regulations To Watch In 2025
California legal experts anticipate a busy 2025 in regulatory and legislative affairs, particularly as lawmakers and regulators ready the Golden State for potential attacks from the incoming Trump administration on a number of issues including reproductive care, LGBTQ rights and environmental protections.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Antitrust Issues For In-House Counsel In 2025
Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
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Timeline Considerations For Boston's New RE Review Process
Boston's newly reimagined large real estate project review process, featuring early community engagement, holds impacts for project timelines that land use counsel must account for when guiding developers through approvals, says David Linhart at Goulston & Storrs.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Conducting A 'Reasonably Expected Market Area' Analysis
Regardless of whether the incoming administration scales back on redlining examinations and investigations, lenders should take steps to understand how regulators define "reasonably expected market areas," and how to conduct analyses of such areas, say attorneys at Mitchell Sandler.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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2024 IPO Market Trends, And What To Expect Next Year
The initial public offering market returned to historically typical levels on a deal count basis in 2024 but continued to lag based on proceeds raised due to a larger number of smaller IPOs this year, and signs point to continued ongoing momentum in the next year, say attorneys at Paul Hastings.
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Adapting Force Majeure To A Predictably Unpredictable World
As the climate and political landscapes get more complicated, force majeure provisions will likely be triggered increasingly often, demanding an evolving understanding of when events and their impacts are truly unforeseeable, say attorneys at Nossaman.
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Impact Of Corporate Transparency Act Ambiguity On Banks
Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.