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Real Estate
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April 14, 2025
6th Circ. Upends Oil Co.'s Injunction Against Ohio Landowner
The Sixth Circuit on Monday reversed a district court's preliminary injunction that gave EOG Resources Inc. access to the surface of an Ohio deer hunting site for drilling operations, saying the injunction didn't prevent injury to EOG but actually caused the owner of the property irreparable harm.
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April 14, 2025
BofA Ordered To Pay FDIC $540M For Underpaid Premiums
A Washington, D.C., federal court has ruled that Bank of America must pay the Federal Deposit Insurance Corp. more than $540 million plus interest for underpaying its deposit insurance premiums, ending an eight-year-long case whose resolution was delayed in light of the U.S. Supreme Court's Loper Bright decision overturning federal agency rulemaking deference.
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April 14, 2025
4th Circ. Partly Backs $3.8M Award In 'Dickensian' Lease Row
The Fourth Circuit on Monday partly affirmed and partly vacated a $3.8 million costs and fees award stemming from a soured lease agreement for a commercial building in Baltimore, potentially concluding more than 14 years of what the panel described as "Dickensian litigation."
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April 14, 2025
Allianz Unit Challenges Augusta Golf Club's $2.4M Award
Allianz SE subsidiary Fireman's Fund Insurance Co. on Friday asked a federal judge to strike down a $2.4 million storm damage appraisal in favor of an Augusta, Georgia, golf club that the insurer said goes far beyond what it agreed to cover.
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April 14, 2025
Conn. Sues Feds To Block 80-Acre Tribal Land Trust Decisions
Connecticut is asking a federal court to undo a U.S. Bureau of Indian Affairs decision to take 80 acres into trust for the Mashantucket Pequot Tribal Nation, arguing it lacked authority to issue the order that, if allowed to stand, it said will end the state's sovereign territory rights.
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April 14, 2025
Greystar Faces Consolidation Of Colo. Tenant 'Junk Fee' Suits
A Colorado multidistrict litigation panel on Monday recommended consolidating four tenant class actions against the property management company Greystar before a single state court, following a hearing where tenants argued that allowing the "junk fee" cases to proceed separately could draw conflicting court decisions.
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April 14, 2025
Fairstead, Ex-Partner Clash Over Del. Arbitration Findings
Attorneys for housing giant Fairstead Capital Management and FCM Affordable and a former partner are battling over an arbitrator's conclusions in a Court of Chancery suit accusing the partner of an attempted hostile takeover of the business, according to court filings late Friday, with millions on the line.
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April 14, 2025
Feds Push To End Alaska Tribe's Gold Mine Permit Challenge
The U.S. Army Corps of Engineers and a gold mine developer are asking a federal court for permission to move for early dismissal of an Alaskan tribe's remaining claim against an open-pit gold mine near the Yukon border, saying its amended lawsuit doesn't fare better than the original.
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April 14, 2025
Conn. Justice Hints Lapsed Policy Row Should Go Before Jury
A jury may need to decide whether a Connecticut insurance agency was duty-bound to tell a couple that their homeowners policy was not renewed ahead of a ruinous fire, a justice of the state's Supreme Court signaled Monday.
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April 14, 2025
10th Circ. Revives Takings Suit Over Colo. Property Law
The Tenth Circuit revived a suit filed by Colorado residents who claimed the state unconstitutionally used its unclaimed-property law to take their properties, finding the residents sufficiently claimed the state failed to provide just compensation.
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April 14, 2025
FTC Joins DOJ In Targeting Anticompetitive Regulations
The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.
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April 14, 2025
Top Court Ruling Dooms Suit Challenging Housing Grant Cuts
A federal judge in Boston on Monday vacated an earlier ruling that had blocked the Trump administration from cutting $30 million in housing anti-discrimination grants, saying a recent U.S. Supreme Court decision in a similar case involving teacher training grants likely strips the court of jurisdiction.
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April 14, 2025
Real Estate-Focused SPAC Prepares For $200M IPO
Special purpose acquisition company Timber Road Acquisition Corp. filed documents on Monday that outlined its plans for a $200 million initial public offering in search of merger targets in real estate and consumer industries, with Reed Smith LLP representing the company and Loeb & Loeb LLP as counsel for an underwriter.
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April 14, 2025
NJ Attorney Must Face Land Dispute Malpractice Suit
A New Jersey state judge has rejected a Fox Rothschild LLP attorney's bid for an early exit from a suit by a pair of sisters accusing him and related parties of malpractice stemming from the mishandling of their late stepfather's estate.
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April 14, 2025
CFPB's Vought Looks To Roll Back 'Weaponized' Guidance
Acting Consumer Financial Protection Bureau Director Russell Vought has called for a crackdown on so-called regulation through guidance at the agency, launching a sweeping review that could cull bulletins, circulars and other advisory materials dating back years.
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April 11, 2025
Real Estate Recap: Private Credit, CMBS, Algorithmic Pricing
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including fresh takes on the rise in private credit, a surge in commercial mortgage-backed securities, and the wave of algorithmic pricing laws in the rental market.
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April 11, 2025
GAO Backs Feds' Setback, Co-Location Terms In Lease Deal
The U.S. Government Accountability Office said the General Services Administration reasonably set colocation and setback requirements in a request for lease proposals to house several agencies in one Wilmington, North Carolina, building, denying a protest that challenged the terms as unnecessary and overly restrictive.
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April 11, 2025
Greystar Says Colo. Tenants 'Manufactured' Consolidation Bid
Greystar told a Colorado panel Friday that tenants seeking to consolidate four putative class actions alleging the property management company charged deceptive fees "manufactured the multidistrict nature" of the litigation, arguing the suits were filed by the same attorneys who could have picked one venue in the first place.
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April 11, 2025
Investor Properly Obtained Tax Liens, Conn. Justices Rule
An investor specializing in tax liens properly obtained assignments from a Connecticut city before seeking to force a social club's property into a foreclosure sale, the state's Supreme Court ruled on Thursday, criticizing how the case unfolded and clarifying a lower ruling that muddied the burden of proof.
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April 11, 2025
Seattle Port Says Housing Project 'Poor Fit' In Industrial Core
The Port of Seattle has gone to court to block a rezoning ordinance that allows nearly 1,000 new residential units near the city's sports stadiums, a project the port said threatens to snarl the nearby movement of cargo from a seaport that is a key driver of the region's economy.
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April 11, 2025
Ga. Law Firm Says Lender's Malpractice Suit Is Doomed
An Atlanta real estate law firm has urged a federal judge to toss a lender's legal malpractice suit alleging the firm bungled the paperwork of a $2 million closing, arguing the lawsuit fails to meet the most basic standard for such a claim — an existing attorney-client relationship.
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April 11, 2025
Greenspoon Marder Promotes 4 Attys To Partner
Full-service law firm Greenspoon Marder LLP promoted four attorneys in different offices to partner roles, the firm announced.
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April 11, 2025
Attorney Owners Of Pot Co. Accused Of $46M RICO Scheme
A Florida-based real estate lender is suing two attorneys with civil rights law firm Loevy & Loevy in New York federal court, alleging they engaged in racketeering in connection with more than $46 million in loans intended to fund cannabis facilities they own in Pennsylvania and New Jersey.
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April 11, 2025
Philly Dispensary's $24.5M Award Upheld In Fraud Suit
A Philadelphia state court judge stood by her decision to award $24.5 million to the co-owner of a medical marijuana company who alleged her partners defrauded her by convincing her to reduce her ownership stake in the company without telling her it was up for sale, noting the trial court wasn't empowered to modify a money calculation it didn't make.
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April 11, 2025
Lloyd's Sues Aramark To Recoup $5M Payout To NJ University
Lloyd's London has sued Aramark to recoup a $5 million payout the insurer made on a policy held by a New Jersey university, alleging the facilities management company was responsible for water damage to one of the college's properties in Jersey City.
Expert Analysis
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How GSA Lease Clauses May Affect DOGE Terminations
The Department of Government Efficiency has begun to cut the U.S. General Services Administration's enormous real estate portfolio, but some standard lease clauses include limits helpful to landlords that may slow progress toward the administration's cost-cutting goals, say attorneys at Pillsbury.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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The Current And Future State Of Bank-Fintech Partnerships
Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.