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Real Estate
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March 21, 2025
Only FDIC Can Sue Over Signature Bank Collapse, Judge Says
A New York federal judge on Friday tossed a shareholder lawsuit over alleged misstatements about Signature Bank's health ahead of its 2023 collapse, saying shareholders lacked standing to sue in light of the FDIC being a receiver of both the failed bank's assets and rights of the bank's stockholders.
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March 21, 2025
NJ AG Says Landlord Discriminated Against Low-Income Renters
The New Jersey Division on Civil Rights has found probable cause that the owner of a Garden State apartment complex and its leasing agent allegedly discriminated against poor tenants through illegal minimum-income requirements, Attorney General Matthew J. Platkin announced Friday.
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March 21, 2025
Real Estate Recap: GSA Leases, Artemis, C-PACE
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insight from Holland & Knight attorneys on General Services Administration lease terminations, Paul Hastings dealmakers on the Artemis takeover, and how attorneys see increasing use of commercial property-assessed clean energy financing.
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March 21, 2025
SEC Guidance Moves Needle In Favor Of Private Fundraising
The U.S. Securities and Exchange Commission's recent guidance on how accredited investors can self-certify when participating in broadly publicized private placements simplifies legal compliance for issuers, according to attorneys, though the jury is still out on whether market participants will embrace the new framework.
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March 21, 2025
Fla. Tax Preparer Sentenced To Prison For $20M Fraud
A Miami-area tax preparer was sentenced to nearly five years in prison Friday after admitting to filing thousands of individual tax returns wrongly claiming energy credits, resulting in a $20 million loss for the Internal Revenue Service, according to the U.S. Attorney's Office for the Southern District of Florida.
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March 21, 2025
Hail Deductible Applicable In Colo. Townhomes' Storm Dispute
A homeowners association's insurer correctly applied a hail deductible when it issued a roughly $1,600 payment despite the association's $3.5 million damage estimate, a Colorado federal court ruled Friday, rejecting the association's argument that the deductible became void once the insurer breached the policy by underpaying coverage.
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March 21, 2025
Loan Servicer Faces 'Zombie Mortgage' Truth In Lending Suit
A mortgage loan servicer that allegedly tried to charge a North Carolina borrower $160,000 for a mortgage he discharged in bankruptcy during the Great Recession got hit with a proposed federal class action accusing it and a trust that purportedly attempted to foreclose his house of violating the Truth in Lending Act.
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March 21, 2025
Creek Freedmen Band Wants In On Tulsa Jurisdiction Fight
The descendants of those once enslaved by the Muscogee Creek Nation and their attorney have sought to intervene in a federal court dispute over tribal jurisdiction in Tulsa, Oklahoma, arguing they share the same objective in blocking the city's law enforcement from prosecuting tribal citizens for traffic offenses within the boundaries of its reservation.
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March 21, 2025
Mich. Judge Dismisses $217M Dam Repair Tax Challenge
A Michigan federal judge has dismissed a pair of lawsuits alleging a $217 million special assessment to fund the reconstruction of dams destroyed in 2020 floods was unfairly levied on certain properties, finding homeowners had the opportunity to oppose the assessment and litigate their claims in state court.
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March 21, 2025
3rd Circ. Takes On NJ Judicial Privacy Law's Constitutionality
The Third Circuit has granted requests by several data brokers to review a lower court judge's ruling that New Jersey's judicial privacy and security measure, known as Daniel's Law, is constitutional.
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March 21, 2025
Md. Nonprofit's Property Used As Home Isn't Exempt
A Maryland property owned by a nonprofit isn't exempt from property tax, because it's used as the founder's home and not mainly for charitable purposes, the state tax court affirmed.
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March 21, 2025
Taxation With Representation: Cravath, Paul Weiss, Cooley
In this week's Taxation With Representation, Google acquires Wiz, QXO Inc. acquires Beacon Roofing Supply, and the Boston Celtics are bought by a group led by private equity firm co-founder William Chisholm.
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March 21, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a sub-postmaster sue the Post Office and Fujitsu, Russian insurer Ingosstrakh hit the Financial Times with a defamation claim, and Britvic-owned Robinsons Soft Drinks file a passing off claim against Aldi. Here, Law360 looks at these and other new claims in the U.K.
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March 20, 2025
LA Hit With Sanctions Request In Encampment Sweep Lawsuit
Homeless residents accused the Los Angeles City Attorney's Office of hiding documents they requested in their suit challenging the constitutionality of encampment sweeps, asking a California federal court for case-ending sanctions for the second time in two weeks.
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March 20, 2025
11th Circ. Allows Remand Of EB-5 Suit To Fla. State Court
The Eleventh Circuit has dismissed the appeal of a Canadian citizen trying to compel arbitration and keep in federal court the suit accusing him of defrauding foreign investors, saying it doesn't have jurisdiction to review the order sending the case back to Florida state court.
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March 20, 2025
Feds Ask High Court To Nix Mich. Tribal Land Trust Row
A Michigan tribe's analysis of a law governing the state's Indigenous land claims would allow it to purchase property anywhere and then compel the U.S. to take it into trust for its benefit, the Interior Department has told the Supreme Court, arguing the interpretation would render a bizarre result.
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March 20, 2025
Tribe's Claims Against Alaska Gold Mine Permit Reduced
An Alaska federal judge has tossed several claims by a tribal village against the U.S. Army Corps of Engineers over its approval of a permit for an open pit gold mine, finding it is not required to conduct a subsistence evaluation or follow its internal consultation policy.
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March 20, 2025
Property Owner Demands Appraisal Of $10.5M Hail Claim
A Tennessee property owner asked a federal court Thursday to order a Travelers unit to participate in an appraisal of its hail damage claim, alleging the insurer denied coverage even though an "independent evaluation" of the owner's damages estimated that the hail damage exceeded $10.5 million.
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March 20, 2025
Conn. AG Sues Builder, Companies For State Park Clear-Cut
A real estate builder and two of his companies have illegally clear-cut multiple acres of Connecticut state park land, installed fixtures including a basketball court and a guesthouse without permission and blocked public access to the area, according to an enforcement action brought by the state attorney general's office.
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March 20, 2025
Investor Sues For Real Estate AI Co. Shares Under $100M Deal
A Luxembourg-based investment firm sued artificial intelligence homebuying platform ReAlpha in New York federal court, seeking to enforce a $100 million share purchase agreement a week after a federal judge rejected the platform's attempt to escape the deal.
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March 20, 2025
Absent Co-Owners Not 'Indispensable' For Negligence In Pa.
An absent co-owner of a property who doesn't share any responsibility for it isn't an "indispensable party" to negligence litigation against another co-owner, the Supreme Court of Pennsylvania ruled Thursday in reviving a woman's slip-and-fall suit against her landlord.
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March 20, 2025
4 Firms Help Seal $11B QXO, Beacon Deal After Buyout Battle
QXO Inc. said Thursday it has agreed to acquire Beacon Roofing Supply Inc. for $11 billion following an at-times contentious takeover attempt that included Beacon's rejection of a prior QXO buyout proposal, in a deal guided by four law firms.
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March 19, 2025
Lenders Rally For CDFI Fund After Trump Orders Cuts
A broad coalition of lender trade groups is lobbying in support of a key federal program aimed at boosting Main Street investment, defending it to lawmakers after President Donald Trump ordered the program slashed as much as possible.
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March 19, 2025
Toxic-Loft Suits Too Late, But Owners Share Blame, Jury Says
A California state jury in Los Angeles found Wednesday that 20 residents of an art loft building waited too long to file toxic exposure claims, but suggested that the building owners caused the delays, triggering further proceedings before a judge.
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March 19, 2025
California Rancheria Can Comment On Casino Land Dispute
A D.C. federal judge has let the Redding Rancheria file a friend of the court brief in two tribes' challenge to the U.S. government's decision to take 221 acres into trust for the rancheria's casino project, ruling it has a special interest in the litigation.
Expert Analysis
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Opinion
How Congress Can Stem Consumer Finance Law Uncertainty
In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Insurance Considerations For LA Wildfire Recovery
Businesses and homeowners affected by the destructive Southern California wildfires must act swiftly and strategically to navigate the complexities of the insurance recovery process, including by identifying all applicable policies, documenting damage thoroughly and keeping abreast of relevant state law, say attorneys at Morgan Lewis.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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LA Wildfires' Effect On Calif. Insurer Of Last Resort
Attorneys at Willkie discuss the background of California's insurer of last resort — known as the Fair Access to Insurance Requirements Plan — and examine the process of assessing member insurers and relevant recent property insurance market developments in light of the destruction from the ongoing Los Angeles wildfires.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.