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Real Estate
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January 15, 2025
FCC Warns Convincing Mortgage Lender Scam Afoot
The Federal Communications Commission is putting the word out about a new scheme aimed at tricking people into thinking their homes will be foreclosed on unless they make emergency payments into an account controlled by the scammers.
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January 15, 2025
Judge Warns DOJ: Settle Burger Forfeiture Suit Or Pay Up
A Michigan federal judge on Tuesday expressed frustration with Justice Department officials' delays in resolving a civil forfeiture action over an alleged $11 million healthcare fraud scheme involving money laundered through Big Boy Restaurant, telling federal prosecutors they have until next week to settle the case or pay the chain's recent legal bills.
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January 15, 2025
Nutter Hires New Partner For Boston Real Estate Team
Law firm Nutter McClennen & Fish LLP has brought on real estate and corporate attorney Matthew E. Lane as a partner for its Boston real estate practice, the firm announced Tuesday.
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January 15, 2025
Beacon Roofing Rejects $11B Takeover Offer Lobbed By QXO
QXO Inc. said Wednesday it has offered to purchase Beacon Roofing Supply Inc. for about $11 billion in cash, prompting Beacon to announce that it rejected the offer because it "significantly undervalues" the company.
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January 14, 2025
Wells Fargo Fights To Drop Officers From Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to free three executives from a derivative lawsuit filed by shareholders claiming the bank's leadership failed to address the company's discriminatory lending and hiring practices, saying there are no allegations that explain why a presuit demand to the board would have been futile.
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January 14, 2025
Latham Grabs Top Spot For 2024 IPOs By Large Margin
Latham & Watkins LLP guided more initial public offerings than any law firm in 2024, capturing a diverse mix of large listings for companies that seized opportunities to go public as the broader IPO market inched toward recovery, new data shows.
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January 14, 2025
8th Circ. Backs Real Estate Agents' Win In Copyright Case
The Eighth Circuit on Tuesday backed a lower court ruling that let real estate agents off the hook on claims they infringed a home designer's copyrights, agreeing that the inclusion of floor plans in listings of homes he designed were fair use.
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January 14, 2025
Insurer Says Event Co. Hid Texts Showing Overstated Losses
An insurer renewed its request for sanctions in a Minnesota federal case against an event center it insured, accusing the business of concealing evidence that it fraudulently inflated its losses from vandalism after the death of George Floyd.
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January 14, 2025
NY Appeals Court OKs Arbitration Stay In $60M Hotel Fight
A New York appeals court has affirmed a lower court order pausing an arbitration initiated by a hotel co-owner in a $60 million dispute with another co-owner over the purported mismanagement of eight hotels nationwide.
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January 14, 2025
Mich. Judge Won't Step Aside After Atty Turnover Quip
A Michigan federal judge refused to step aside from overseeing a lawsuit from a pastor who alleges a township's zoning ordinance discriminates against religious entities, ruling Monday that comments he made about the number of attorneys the pastor has had or praise he gave prior counsel do not show any bias against the plaintiffs.
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January 14, 2025
Resort Developer Asks To Wind Up Chinese Co. In Bahamas
The developer of the Baha Mar resort in the Bahamas filed a petition Tuesday to liquidate a Chinese-owned construction firm that was hit with a $1.6 billion judgment last year by a New York court over its fraud tied to the construction of the resort project.
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January 14, 2025
Mercedes Urges 6th Circ. Redo Of Fire Coverage Ruling
The research group for Mercedes-Benz North America has told the Sixth Circuit it should not have to reimburse the insurer of an Ann Arbor, Michigan, property it rented for a fire it inadvertently set, saying a clause in its lease prevents subrogation.
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January 14, 2025
Retroactive Foreclosure Rule Bars Suit, Mich. County Says
A Michigan county has urged a federal judge to toss a proposed class action alleging that it kept surplus proceeds from tax-foreclosed home sales, saying the homeowner bringing the claims hasn't yet used the state's process for securing the proceeds.
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January 14, 2025
DOI Greenlights Calif. Tribe's $700M Casino, Housing Project
A California tribe is set to build a $700 million project near the San Francisco Bay area that is proposed to include a casino and resort, two dozen homes and a biological preserve, following years of litigation and controversy surrounding the endeavor.
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January 14, 2025
FTC Issues Second Report On PBMs, Expanding Study Scope
The Federal Trade Commission released a second "interim" report on pharmacy benefit managers and their effects on specialty drug prices Tuesday, claiming that the companies have driven up prices well over acquisition costs and continue to squeeze independent pharmacies out of the market through low reimbursement rates.
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January 14, 2025
Tribe Members Look To Intervene In 8th Circ. Pipeline Case
Twenty members of the Three Affiliated Tribes of the Fort Berthold Indian Reservation have urged the Eighth Circuit to let them intervene in a Marathon Petroleum Corp. subsidiary's lawsuit challenging the Interior Department's reversal of decisions related to a pipeline crossing the reservation's land in North Dakota.
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January 14, 2025
Mo. House Bill Seeks Deduction For Property Tax Payments
Missouri would allow taxpayers to claim an income tax deduction for property tax payments under a bill introduced in the state House of Representatives.
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January 14, 2025
Easement Worth $1M, Not $18M, Gov't Tells 11th Circ.
The U.S. Tax Court was right to believe expert testimony that a claimed conservation easement donation of roughly $18 million was only worth $1 million, the government told the Eleventh Circuit, urging it to reject the donors' claims that the expert was unreliable.
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January 14, 2025
Trump Org. Taps Quinn Emanuel Atty For Ethics Adviser
A co-managing partner of Quinn Emanuel Urquhart & Sullivan LLP has been selected to step into the role of outside ethics adviser for the Trump Organization, President-elect Donald Trump's real estate conglomerate, according to an announcement by its executive vice president.
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January 14, 2025
Simpson Thacher, Sullivan Rep CBRE's $400M Coworking Buy
CBRE Group Inc. announced on Tuesday it will purchase coworking company Industrious National Management Company LLC for $400 million in a deal guided by Simpson Thacher & Bartlett LLP and Sullivan & Cromwell LLP.
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January 14, 2025
Eversheds Sutherland Adds Ex-Cole Schotz Atty
Eversheds Sutherland has hired commercial real estate transactions attorney Emanuel Tsourounis II, a former Cole Schotz PC partner, for its team in New York City.
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January 14, 2025
Buchanan Ingersoll Grows In Fla. With Nason Yeager RE Atty
Buchanan Ingersoll & Rooney PC has strengthened its real estate capabilities in Tampa, Florida, with the addition of a Nason Yeager Gerson Harris & Fumero PA attorney.
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January 14, 2025
H&E Rentals' Stock Doubles On $4.8B United Rentals Deal
United Rentals Inc. has agreed to purchase fellow equipment rental company H&E Rentals for about $4.8 billion, including approximately $1.4 billion of debt, the companies said Tuesday, with the news leading to a more than 100% increase in H&E's stock price.
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January 13, 2025
On Cross, Madigan Says He Merely Helped Job-Seekers
Former Illinois House Speaker Michael Madigan distanced himself Monday from political allies who prosecutors say bribed him for jobs and other benefits, saying his recommendations were just that, and that he thought he was effective in shutting down a former alderman's quid pro quo suggestion.
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January 13, 2025
Bannon Must Explain Atty Swap As NY Wall Fraud Trial Looms
A New York state judge on Monday ordered Steve Bannon to appear in court to explain why he switched counsel a month before he faces trial on charges of defrauding donors to a fundraiser to build a U.S. southern border wall.
Expert Analysis
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Yellow Corp. Lease Assumption Shows Landlord Protections
Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet
A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.
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The Clock Is Ticking For Fla. Construction Defect Claims
Ahead of the fast-approaching July 1 deadline for filing construction defect claims in Florida, Sean Ravenel at Foran Glennon discusses how the state's new statute of repose has changed the timeline, and highlights several related issues that property owners should be aware of.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Debate Over CFPB Definition Of Credit Is Just Beginning
The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.
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A Closer Look At Feds' Proposed Banker Compensation Rule
A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.
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Opinion
The FTC And DOJ Should Backtrack On RealPage
The antitrust agencies ought to reverse course on their enforcement actions against RealPage, which are based on a faulty legal premise, risk further property shortages and threaten the use of algorithms that are central to the U.S. economy, says Thomas Stratmann at George Mason University.