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Real Estate
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April 21, 2025
Justices Won't Hear Mall Of America's Sears Lease Dispute
The U.S. Supreme Court on Monday declined to hear a case filed by the owner of Minnesota's Mall of America against Sears Holding Corp. over a transfer of a 100-year lease for an anchor store location, leaving in place a lower court's finding that the mall's lease was not a "true" contract.
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April 19, 2025
Real Estate Recap: Q1 Dealmakers, Tariff Tension
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the law firms that guided the 10 largest real estate deals of the first quarter, and how dealmakers and companies have been navigating uncertainty in the market.
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April 18, 2025
Split 6th Circ. Clarifies Scope Of Sexual Harassment Arb. Ban
A split Sixth Circuit panel clarified on Friday that a new federal law banning the mandatory arbitration of sexual-harassment claims may apply to alleged misconduct that occurred before the law was enacted, while a dissenting judge slammed the majority's opinion as a "formula for disaster."
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April 18, 2025
5th Circ. Backs SEC In Fraud Case Receivership Fight
The Fifth Circuit has knocked down a Texas-based real estate investor's fight against a receivership imposed upon his entities by the U.S. Securities and Exchange Commission, saying the lower court did not exceed its authority in allowing the receivership in the $26 million fraud case.
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April 18, 2025
NIU Doesn't Have To Donate Undeveloped Land, Ill. Panel Says
A Chicago suburb was correctly rejected in its bid to enforce a contract provision requiring Northern Illinois University Foundation to donate a parcel of land it decided not to develop into a branch campus, a state appellate panel said.
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April 18, 2025
SEC Wins $1M Real Estate Fraud Suit Over NC Development
The U.S. Securities and Exchange Commission scored a win in its fraud suit in North Carolina federal court against an insurance agent and his company, with a judge finding the agency has shown the defendants defrauded seven investors out of over $1 million.
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April 18, 2025
9th Circ. Won't Rethink Nixed Zillow, NAR Antitrust Case
The Ninth Circuit won't be rethinking a panel decision refusing to revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of anticompetitively relegating its listings from Zillow's main page.
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April 18, 2025
Apache Ask High Court For Quick Ruling In Oak Flat Land Row
An Apache nonprofit behind the effort to save an ancient worship site from destruction in Arizona is urging the U.S. Supreme Court to quickly rule on its petition after the federal government announced it is moving forward with plans to transfer the site to Resolution Copper for mining.
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April 18, 2025
Ore. Realtors Urge Panel To Reject Fees On Vacant Homes
Proposed legislation to allow local governments to impose fees on certain vacant homes would violate fundamental principles of property rights, Oregon Realtors told a state Senate panel.
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April 18, 2025
NC High Court Snapshot: Livestock Litigation Takes Limelight
The North Carolina Supreme Court's April lineup will find the justices delving into a squabble over backyard chickens in a residential neighborhood and a consumer fraud class action with Home Depot in the crosshairs.
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April 18, 2025
Fla. Jury Hits Expedia With $30M Helms-Burton Verdict
A Miami jury on Friday said Expedia and three related entities owe $29.85 million after finding the online booking companies liable for violating the Helms-Burton Act's anti-trafficking provision by offering reservations for resorts on a barrier island seized by Fidel Castro's government.
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April 18, 2025
Texas Firm Says Couple Can't Double Dip On Damages
The Morley Law Firm, now doing business as Zenith Law PC, told a Texas state court in Houston that a couple's $250,000 suit alleging the firm allowed an attorney without a law license to represent them in a case against the seller of their home is barred because they previously obtained a declaratory judgment against the seller.
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April 18, 2025
Latham-Led Vacasa Sticks With Casago, Rejects $131M Bid
Latham & Watkins LLP-advised Vacasa said Friday that its board has rejected a revised acquisition bid from Davidson Kempner Capital Management, indicating that price alone wasn't enough to result in a superior deal to the company's existing agreement with Casago.
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April 18, 2025
Ohio AG Accuses Mortgage Lender Of Deceiving Borrowers
Ohio's attorney general has hit United Wholesale Mortgage LLC with a lawsuit in state court accusing the Michigan-based lender of colluding with mortgage brokers to steer loans to UWM.
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April 18, 2025
Trump Admin Pushes Ahead With New Offshore Oil Leases
The U.S. Department of the Interior on Friday said it's "unlocking the full potential" of offshore oil and gas lease sales on the U.S. Outer Continental Shelf, a rebuke to the Biden administration's conservative approach to development.
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April 18, 2025
Castlelake, Invictus Partner For $2B Residential Loan Venture
Global alternative investment manager Castlelake LP announced that it has formed a partnership with alternative credit asset manager Invictus Capital Partners to invest up to $2 billion in newly originated residential mortgages.
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April 18, 2025
CFPB Mass Layoffs Blocked Again In DC Court
A D.C. federal judge once again halted the layoffs of more than 1,000 employees of the Consumer Financial Protection Bureau, saying at an emergency hearing Friday morning that she needed a full record to determine whether the firings complied with a D.C. Circuit order from last week.
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April 18, 2025
DLA Piper Adds Partner To Investment Funds Practice
Ropes & Gray LLP partner Matt Posthuma has jumped ship to DLA Piper, where he joins the firm's investment funds practice as a partner in its Chicago office.
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April 17, 2025
Judge Warns Rocket Cos. Investor: Seek Cert. At 'Own Peril'
A Michigan federal judge on Thursday said a pension fund trying to take over as lead plaintiff in a suit against mortgage business Rocket Companies Inc. does not need the court's permission to file a renewed class certification motion, but it "does so at its own peril."
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April 17, 2025
Cuban Island Owner Wants $36M In Helms-Burton Case
A Cuban-American man who says he is the rightful heir to an island off the coast of Cuba that was seized by the Communist government asked a Miami jury on Thursday for an award of more than $36 million against Expedia, which the man claims illegally trafficked in the stolen property by offering reservations for resorts on the island through its website.
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April 17, 2025
Naftogaz Wins Enforcement Of $5B Russia Award In France
A French court has signed off on a bid by Ukraine's state-owned oil and gas company to enforce a $5 billion arbitral award it won against Russia after the Kremlin seized its Crimean assets, the company said on Thursday.
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April 17, 2025
Wash. Justices Strike Down Spokane's Homeless Camp Law
The Washington Supreme Court said a voter-approved initiative restricting encampments for homeless people in Spokane is unconstitutional, in an opinion Thursday that said the measure exceeds the scope of local initiative power because it impermissibly "tinkers" with a policy the city had previously adopted.
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April 17, 2025
QXO Prices $500M Offering Connected To $11B Beacon Buy
Building products distribution company QXO Inc. announced the pricing of a stock offering, with plans to raise $500 million, which will be used to finance a portion of its pending $11 billion acquisition of Beacon Roofing Supply Inc.
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April 17, 2025
CFPB Mass Layoffs Resume, Hitting All Corners Of Agency
The Consumer Financial Protection Bureau's acting Director Russell Vought moved Thursday to resume mass firings at the agency, prompting a scramble from its employee union to head off a torrent of pink slips terminating the vast majority of the agency's workforce.
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April 17, 2025
Moderna Says New Drug Plant Riddled With Defects, Mold
Life sciences company Moderna is suing a Massachusetts construction firm over multiple alleged defects in a recently built production facility for one of its experimental cancer drugs, including leaks that led to mold growth so "extensive and pervasive" the entire roof has to be replaced.
Expert Analysis
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Contractor Remedies Amid Overhaul Of Federal Spending
Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Contract Disputes Recap: Terminations Galore
Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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How 2025 Is Shaping The Future Of Bank Mergers So Far
Whether the long-anticipated great wave of consolidation in the U.S. banking industry will finally arrive in 2025 remains to be seen, but the conditions for bank mergers are more favorable now than they have been in years, say attorneys at Skadden.