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Real Estate
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February 28, 2025
Real Estate Recap: Gov't Lease Limbo, AI Upset, Profiteering
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into federal lease upheaval, the impact of AI efficiency on data centers and price-gouging in the aftermath of the Los Angeles wildfires.
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February 28, 2025
9th Circ. Backs Developer's Conviction For Bribing LA Pol
The Ninth Circuit upheld a developer's conviction for bribing former Los Angeles City Councilor Jose Huizar to foil a challenge to a downtown project, ruling Thursday the district court didn't have to instruct jurors that the government had to prove the developer bribed Huizar to take a specific, official act.
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February 28, 2025
FDIC Can't Nix SVB Trust's Claims Feds Must Turn Over $1.93B
A California federal judge has tossed a pair of claims from SVB Financial Trust's lawsuit alleging that the FDIC wrongfully took control of $1.93 billion in deposits amid Silicon Valley Bank's collapse, dismissing due process claims for good but allowing the trust to pursue promissory estoppel allegations and so-called turnover claims.
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February 28, 2025
FinCEN Delays Corporate Transparency Act Deadlines
The Financial Crimes Enforcement Network said it will not take any enforcement actions against companies failing to file or update their beneficial ownership information reports pursuant to the Corporate Transparency Act until an interim final rule becomes effective.
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February 28, 2025
Minn. Justices Send Golf Course Dispute Back To Tax Court
The Minnesota Supreme Court booted a county's property tax fight with the former owner of a golf course back to the state's tax court, saying the lower court's decision to keep the case alive was not a final order subject to review by the justices.
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February 28, 2025
Feds Say Tribes Can't Block New Oregon Casino
The federal government and an Oregon Native American tribe are pushing back on a bid from three other tribes to block the operation of a new casino in Oregon, telling the D.C. Circuit that the tribes filed their emergency motion improperly and are likely to lose on the merits of their case.
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February 28, 2025
Seattle Property Owner Slaps Exxon With Cleanup Suit
A Seattle property owner hit Exxon Mobil Corp. with a lawsuit seeking to hold it liable for the costs of cleaning up pollution from a former gas station, according to a complaint the energy giant removed to federal court on Friday.
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February 28, 2025
Cheyenne Sioux Tribe Says US Must Pay For Building Repairs
A Wyoming tribe is asking the Federal Circuit Court of Appeals to overturn an order that determined the federal government is not responsible for paying for a deteriorating building on its reservation, arguing that the contract over the structure is rooted in a treaty-based, nation-to-nation relationship.
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February 28, 2025
GSA Wrongly Axed Lease Over Smelly Building, Board Says
The General Services Administration should not have terminated an office building lease with the Social Security Administration even though the agency ultimately left after employees complained of strange odors, the U.S. Civilian Board of Contract Appeals has ruled.
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February 28, 2025
Nixon Peabody Adds Smith Gambrell Real Estate Atty In NY
An experienced real estate attorney who focuses his work on commercial transactions has made the move from Smith Gambrell & Russell LLP to Nixon Peabody LLP's New York office.
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February 28, 2025
Taxation With Representation: Gibson Dunn, Skadden
In this week's Taxation With Representation, Blackstone acquires Safe Harbor Marinas, National Grid sells its green subsidiary in the U.S. to Brookfield, Apollo Global Management buys Bridge Investment Group Holdings Inc., and Teleflex splits into two publicly traded companies.
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February 28, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.
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February 27, 2025
Honduras Loses Bid To Duck US Developer's $11B Claim
An international tribunal has rejected Honduras' bid for an early exit from a politically sensitive $10.7 billion claim asserted by a U.S. property developer over a nixed law that created special economic zones known as ZEDEs, ruling Wednesday that the developer was not obligated to first exhaust local remedies.
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February 27, 2025
PennyMac Can't Avoid Investors' Suit Over Post-Libor Rate
A California federal judge has ruled PennyMac's mortgage investment arm must face a suit accusing it of using last year's discontinuation of Libor to unlawfully lock in a lower dividend for some of its preferred stock, saying the plaintiffs have adequately pled that the company violated the LIBOR Act when it issued dividends at a fixed rate.
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February 27, 2025
Real Estate Fund Says Property Cos. Lost Investor Funds
A real estate investment fund has sued various companies associated with a man accused by the U.S. Securities and Exchange Commission of defrauding investors in an alleged $1 billion scheme, telling a Florida state court that the companies made off with millions of dollars of investor funds meant to go toward specific real estate projects.
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February 27, 2025
Black Homebuyers' Predatory Loan Settlement Gets Final OK
A Michigan class of Black homebuyers have gotten final approval for their $750,000 deal to end claims against real estate companies and their investors who allegedly bought up run-down Detroit properties to sell with abusive lending terms.
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February 27, 2025
Judge Axes NYC Loan Row, Sanctions Firm For Depositions
A New York federal judge has dismissed a commercial real estate lender's claims against two guarantors for a 2022 loan it made, ripping the lender and its ex-counsel, Fox Rothschild LLP, for deposition no-shows.
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February 27, 2025
High Court Asked To Weigh Investors' Eminent Domain Case
A pair of real estate investors want the U.S. Supreme Court to review their loss in New York state appellate court regarding a suit seeking additional compensation for a residential property that the Rochester Genesee Regional Transportation Authority took from them through eminent domain.
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February 27, 2025
Landlords Can't Duck Injury Claim From Dweller Not On Lease
A Washington state appeals court said Thursday that landlords must face a claim from a pregnant woman who was injured from a fall down a flight of stairs, even though she had not signed the rental lease, in an opinion that said the lower court erred by tossing the case on the eve of trial without giving proper notice.
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February 27, 2025
Wis. Tribe Says It Won't Block, Ticket During Road Dispute
A Wisconsin tribe embroiled in an ongoing dispute with the town of Lac du Flambeau over four tribal roads says it will not block their entrances or ticket anyone for using them as long as the litigation continues.
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February 27, 2025
Davis Polk, Kirkland Steer Rithm Capital SPAC's $200M IPO
Special purpose acquisition company Rithm Acquisition Corp., which plans to merge with a company in the financial services or real estate sector, began trading on Thursday after pricing a $200 million initial public offering.
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February 27, 2025
Insurer For Mass. Gaming Board Off Hook For Land Dispute
A Massachusetts state court judge said Landmark American Insurance's duty to defend the state's Gaming Commission in a long-running lawsuit over the site of the Encore Boston Harbor Casino ended nearly three years ago.
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February 27, 2025
Energy Co. Sued Over Rent, Radioactive Waste Disclosures
A Brooklyn property owner and two companies accused National Grid of owing rent on the site of a former industrial facility and impeding their businesses by not telling them quickly enough that there were radioactive materials there.
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February 27, 2025
Judge Won't Force Victim's Atty's Reports In Sex Assault Case
A Florida state judge on Thursday denied a request by three men, including a real estate broker, facing sexual assault charges to force discovery of reports by the victim's attorney at Morgan & Morgan PA.
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February 27, 2025
CFPB Pulls Plug On Rocket Homes Kickback Suit
The Consumer Financial Protection Bureau has abandoned a lawsuit accusing Rocket Homes of offering kickbacks to brokers and agents who referred homebuyers to Rocket Mortgage, one of several enforcement actions the agency abruptly dismissed on Thursday.
Expert Analysis
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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.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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What To Expect From Evolving Wash. Development Plans
The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Brownfield Questions Surround IRS Tax Credit Bonus
Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.