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Real Estate
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January 08, 2025
Feds Again Deny Leaks In NYC Mayor's Corruption Case
Federal prosecutors again rejected the claim that they had leaked classified information about New York City Mayor Eric Adams' corruption case to the press, telling a judge that they were not the source that allowed the New York Times to identify a grand jury witness and that Adams hadn't shown how he was prejudiced by the disclosure.
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January 08, 2025
Mortgage Cos. Fined $20M Over Cybersecurity Breach
Bayview Asset Management LLC and three affiliates on Wednesday agreed to pay a $20 million fine and improve their cybersecurity programs to settle allegations from 53 state financial regulators that the mortgage companies had deficient cybersecurity practices and didn't fully cooperate with regulators after a 2021 data breach.
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January 08, 2025
Divisive Mass. Housing Law Can Stand With Administrative Fix
Massachusetts' top appellate court on Wednesday upheld a controversial law requiring towns in Greater Boston to add housing density near mass transit facilities, but found that the state must take additional procedural steps before the law can go into effect.
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January 07, 2025
Feds Say Adams' Bid For Indictment Info Would Hinder Probe
New York City Mayor Eric Adams is not entitled to more details about the charges in his corruption and bribery case, including the identities of alleged co-conspirators, federal prosecutors told a Manhattan federal court Monday, arguing that such information would prejudice the ongoing investigation and potentially lead to witness tampering.
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January 07, 2025
Fla. Real Estate Agent Gets Prison Time For $1M PPP Fraud
A Florida federal judge on Tuesday excoriated a real estate agent for fraudulently obtaining more than $1 million from the Paycheck Protection Program, sentencing the agent to six months in prison and lamenting that she was prevented by a plea agreement from ordering additional restitution.
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January 07, 2025
Bill To Protect Wounded Knee Massacre Site Reintroduced
A federal bill seeking to preserve a section of land at Wounded Knee Creek, where about 150 Lakota Indians were killed by the U.S. Army more than a century ago, has been reintroduced to the U.S. House for consideration during the Trump administration.
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January 07, 2025
Ex-Ill. Speaker Madigan Testifies In His Racketeering Trial
Former Illinois House Speaker Michael Madigan took the stand in his own defense Tuesday, testifying that he neither traded his public office for private gain nor demanded or accepted anything valuable in exchange for his official action, adding that he was "very angry" to learn that people who he'd recommended for jobs did little to no work.
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January 07, 2025
Dallas County Settles With Developer In Denied Permit Row
A Dallas developer and Dallas County buried the hatchet in a suit over the county's denial of a permit application for 11 residential lots in a subdivision, telling a Texas federal judge they had reached a settlement agreement in a Tuesday joint stipulation of voluntary dismissal.
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January 07, 2025
Mortgage Servicer Makes Borrowers To 'Pay-To-Pay,' Suit Says
Residential mortgage servicer Select Portfolio Servicing Inc. must face a customer's proposed class action alleging it breaks North Carolina state laws with $15 fees it charges borrowers who make monthly payments over the phone.
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January 07, 2025
Biden Designates Two New National Monuments In California
President Joe Biden on Tuesday designated two sites in California as national monuments amid years of calls from Native American tribes and state and federal lawmakers, in turn protecting 848,000 acres from development.
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January 07, 2025
Mont. Bill Floats Mine, Data Center Property Tax Changes
Montana would lower the property tax rate imposed on metal mines, certain agricultural land and railroads but raise the rate on data center property as part of a bill introduced in the state Senate.
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January 07, 2025
Mich. Town Tries To Ditch $5M Suit Over Dispensary Flip-Flop
A Michigan township accused of greenlighting, and then blocking, a developer's special-use permit for a marijuana dispensary said Tuesday the developer suing it for $5 million never actually got the required prequalification from the state.
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January 07, 2025
DOJ Revamps Process For Federal Real Estate Deals
The U.S. Department of Justice has replaced "outdated provisions" that guided how federal agencies acquired real property with 10 new federal provisions that have the goal of "promoting government efficiency and saving taxpayer funds," the DOJ said Tuesday.
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January 07, 2025
Property Owner Says Insurer Owes $16.2M For Fire Damage
A Colorado property owner is seeking to recover $16.2 million from its insurer for property damage caused by the 2021 Marshall Fire, telling a federal court the carrier wrongly concluded the properties did not sustain direct physical damage in order to justify replacement costs.
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January 07, 2025
NC Homeowners Certified In HOA Debt Collection Class Action
A federal judge has certified two classes of North Carolina homeowners who allege that a debt collector charged excessive fees and sent misleading notices to scare people into ponying up the cash, but the judge excluded a third proposed class that she said was too ambiguous.
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January 07, 2025
Mont. Bill Seeks Review Process For Tax-Exempt Property
Montana would require the state Department of Revenue to create a program to review property that is exempt from taxation under a bill introduced in the state House of Representatives.
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January 07, 2025
Developer Says Mass. Stalling $15M Brownfields Tax Credit
The developer of a 3.5-acre luxury condo and apartment complex in Boston's Seaport District is accusing the state of improperly second-guessing the work of its licensed environmental remediation consultant to deny a $15.3 million brownfields tax credit, then dragging its feet on an administrative appeal.
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January 07, 2025
NC Biz Court Limits MV Realty's Usable Trial Evidence
Embattled Florida real estate company MV Realty will not be allowed to introduce certain evidence at its upcoming fraud trial about its calls to consumers, as a punishment for providing the state inaccurate information during discovery, the North Carolina Business Court has ruled.
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January 07, 2025
Title Insurer Says Atty Skipped Bills, Let Staff Steal IOLTA
Title insurer CATIC has fired back at a Connecticut attorney suing over his removal from the boards of two affiliated companies, accusing him of not paying bills, failing to prevent staffers from stealing money from his trust account, and breaching his duties to the company.
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January 07, 2025
DOJ Ropes Landlords Into RealPage Antitrust Case
The U.S. Department of Justice dramatically expanded its antitrust case against RealPage on Tuesday, accusing half a dozen residential landlords of using the software company's tools to coordinate rental rates while reaching a settlement with one of the property owners.
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January 07, 2025
Braverman Greenspun Acquires NY Real Estate Boutique
Braverman Greenspun PC said Tuesday it has acquired real estate boutique Zingman & Associates PLLC, allowing it to deepen its capabilities in landlord-tenant related issues.
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January 07, 2025
Osage Nation Asks Court To Confirm Reservation Boundaries
The Osage Nation has urged an Oklahoma federal court to acknowledge its reservation's continued existence, arguing that a conclusion the Tenth Circuit reached 15 years ago saying the tribe's boundaries were disestablished was based entirely on extratextual factors.
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January 07, 2025
No Problem With $217M Dam Repair Tax, Mich. Panel Says
A Michigan appellate panel on Monday said a $217 million special assessment levied on property owners for dam repairs and lake level restoration after devastating 2020 floods was established through a legally sound process, ruling the owners were never entitled to have a pseudo-judicial review of the tax.
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January 07, 2025
NYC Condo Owner Hits Ch. 11 With More Than $70M Debt
The owner of 105 unsold New York City waterfront condominium units has filed for Chapter 11 protection with more than $70 million in liabilities.
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January 07, 2025
Landowner Gets Pot Farm Transport Easement Nixed
A California state appeals court has vacated a conditional use permit that the County of Santa Barbara issued to a cannabis farm, finding that a nearby landowner can deny the use of an easement on its property to transport the federally illegal goods.
Expert Analysis
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Addressing Labor Shortages In The Construction Industry
As the construction industry's ongoing struggle with finding sufficient skilled workers continues, companies should consider a range of solutions including a commitment to in-house training and creative contracting protocols, say Brenda Radmacher and Allison Etkin at Akerman.
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A Framework For Investigating Commercial Loan Fraud
As commercial loan transactions are increasingly subject to sophisticated fraud schemes, lenders must adopt dynamic strategies to detect, investigate and mitigate these schemes, say attorneys at Baker Donelson.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How NY Co-Ops Can Minimize Sale Rejections Based On Price
New York co-op sales are regularly rejected for being below undisclosed price minimums, and co-op boards should address this problem by sharing information more transparently and allowing some flexibility for below-market sales, say Pierre Debbas and Seth Feldman at Romer Debbas.
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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.