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Real Estate
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July 26, 2024
Miami Official Says Salary Is Exempt From $63.5M Judgment
A Miami lawmaker told a federal judge Friday that a portion of his monthly compensation shouldn't be withheld to pay a $63.5 million judgment against him for civil rights violations, testifying that he is the sole breadwinner of his household and should be exempt from having his salary garnished.
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July 26, 2024
Matterport Stockholder Sues In Del. For Books On Merger
A shareholder of 3D-imaging and digitization venture Matterport Inc. has launched a Delaware Court of Chancery lawsuit seeking company documents, citing concerns that the business was selling itself to global real estate analytics company CoStar Group in part to protect insider equity from pending litigation.
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July 26, 2024
Real Estate Recap: CrowdStrike, CFIUS, Financial Services
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the real estate sector's reaction to the CrowdStrike outage, heightened scrutiny of foreign investment in U.S. properties and a view of evolving financial services regulation from the general counsel of the Conference of State Bank Supervisors.
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July 26, 2024
Short-Term Rental Group Defends Colo. City Ordinance Suit
A group of short-term rental owners in Colorado urged a federal court on Thursday to reject a city's bid to dismiss their suit, which claims a 2023 ordinance that regulates where short-term rentals can operate "effectively bans most existing short-term rentals."
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July 26, 2024
Calif. Community Org Opposes FCC Bulk Billing Clampdown
A technology-focused community group in California has joined a chorus of advocates calling for the Federal Communications Commission to hit the brakes on a proposal to tighten rules for bulk billing in multitenant environments.
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July 26, 2024
DC Circ. Won't Stave Off Amtrak's Union Station Takeover
The D.C. Circuit on Friday rejected an emergency bid to stop Amtrak from taking control of Washington, D.C.'s Union Station, but did not dismiss the case outright, ruling that efforts to stop the eminent domain takeover appeared unlikely to succeed on appeal.
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July 26, 2024
Chubb Unit Asks 11th Circ. To Undo $13.8M Appraisal Award
A Chubb unit asked the Eleventh Circuit on Friday to reverse the approval of a Florida condominium association's $13.8 million appraisal award for hurricane damage sustained in 2017, arguing that a lower court erred in finding that one of the appraisers was partial to the association.
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July 26, 2024
Robinson+Cole Adds Ex-Bose Atty To Mass. Real Estate Team
Robinson+Cole hired Kimberly A. Sigler, the former Bose Corp. assistant general counsel and a company director, as a partner for its real estate group in Boston, the firm announced.
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July 26, 2024
Bad Online Security Botched $800K Home Sale, Suit Says
A five-attorney Connecticut law firm's "archaic" email and computer systems allowed hackers to infiltrate an approximately $800,000 home sale and divert cash to fake accounts, a new federal lawsuit against Hastings Cohan & Walsh LLP and one of its attorneys alleges.
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July 26, 2024
Ohio McDonald's Properly Valued At $1.9M, Board Says
An Ohio McDonald's was properly valued at $1.9 million by the county appraiser, the state Board of Tax Appeals ruled Friday, rejecting the business's bid to have the value lowered to $1.18 million.
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July 26, 2024
Taxation With Representation: Wachtell, Polsinelli, Kirkland
In this week's Taxation With Representation, T-Mobile partners with KKR to acquire Metronet, Exclusive Networks gets a takeover offer, KKR buys Instructure Holdings Inc., and Bally's Corp. merges with The Queen Casino & Entertainment Inc.
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July 25, 2024
Newsom Cites High Court In Ordering Encampments Cleared
California Gov. Gavin Newsom on Thursday ordered state agencies to start removing homeless encampments on state property while providing outreach services to homeless residents following a recent U.S. Supreme Court ruling that gave governments broader authority to ban camping in public.
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July 25, 2024
NC High Court Signals End To College Building Access Row
The Tar Heel State's Supreme Court this week unpaused a legal battle between North Carolina State University and a cancer-stricken professor after the two said they had resolved a dispute over testing for carcinogens in a campus building.
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July 25, 2024
Embattled Texas Law Firm Wants More Time For Ch. 11 Plan
Troubled Houston law firm MMA Law asked a Texas bankruptcy court to extend the exclusivity period to file a Chapter 11 plan for 120 more days, with a current filing exclusivity period set to end in early August.
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July 25, 2024
Defense Teams' Solidarity Key In Hawaii DA's Acquittal
California federal prosecutors' bribery case against a prosecutor, a businessman and an outside counsel collapsed after no defendant turned state's evidence and one even testified for the defense, showing the value of presenting a unified front, the winning lawyers said.
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July 25, 2024
4th Man Gets Jail In NYC Public Housing Anti-Bribery Sweep
A Manhattan federal judge on Thursday sentenced a former New York City public housing superintendent to 19 months in prison for accepting $95,000 in bribes, bringing to four the number of people sentenced to time behind bars in the 70-defendant anti-corruption sweep.
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July 25, 2024
Alaska Sues To Block Federal Land Conservation Rule
The state of Alaska is challenging a Bureau of Land Management rule that aims to conserve and protect public lands, saying the "vast majority" of the rule isn't allowed under state and federal law because of how it prioritizes "ecosystem resilience" over longtime policies.
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July 25, 2024
Mr. Cooper Picks Up Flagstar Resi Mortgage Unit For $1.4B
Flagstar Bank NA announced Thursday that it has inked a $1.4 billion deal to sell its residential mortgage servicing business to nonbank mortgage originator Mr. Cooper, as Flagstar and parent New York Community Bancorp eye a turnaround.
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July 25, 2024
Ohio Board Incorrectly Calculated Land, Improvement Value
An Ohio warehouse property had its land value incorrectly increased to $1.2 million, from $715,000, a state appeals court ruled Thursday after finding no evidence was presented that warranted a change in its value.
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July 25, 2024
Conn. Firm Accused Of Maliciously Pressing Fraud Suit
A Connecticut woman is accusing personal injury law firm Carter Mario PC of maliciously filing a lawsuit demanding she turn over her house in an effort to harass her after her ex-husband was unable to satisfy a $500,000 judgment in a separate case alleging voyeurism.
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July 25, 2024
Proskauer Adds Milbank Real Estate Atty In NY
Proskauer Rose LLP has hired a special counsel from Milbank LLP who joins the firm after six years with his prior platform to continue his practice focused on private equity investors and other clients involved in real estate and private fund matters, the firm announced Thursday.
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July 25, 2024
IRS, Zaxby's Co-Founder To Settle $43M Easement Suit
The Internal Revenue Service agreed to settle a $43 million valuation dispute over a conservation easement donated by the co-founder of the Zaxby's restaurant chain and his wife, prompting a Georgia federal court Thursday to cancel next month's anticipated jury trial.
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July 25, 2024
Bally's OKs Standard General's Takeover Valuing It At $4.6B
Bally's Corp. announced on Thursday its plans to merge with Standard General-owned The Queen Casino & Entertainment Inc., a regional casino operator, in a deal that values Bally's at $4.6 billion and was crafted by five law firms.
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July 25, 2024
Ore. Court Won't Toss Law Capping Taxable Home Values
A homeowner's attempt to lower the taxable value of his property was denied by the Oregon Tax Court, which said it did not have the authority to determine whether a law capping annual taxable value increases for some properties was unconstitutional.
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July 24, 2024
How Hinckley Allen Took On Rhode Island Beach-Access Law
A Rhode Island judge this month sided with beachfront property owners, represented by Hinckley Allen & Snyder LLP, ruling that a 2023 law that shifts the public access line landward amounts to a taking.
Expert Analysis
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Preparing For CFPB 'Junk Fee' Push Into Mortgage Industry
As the Consumer Financial Protection Bureau considers expanding its "junk fee" initiative into mortgage closing costs, mortgage lenders and third parties must develop plans now that anticipate potential rulemaking or enforcement activity in this space, say attorneys at Morgan Lewis.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Series
NC Banking Brief: All The Notable Legal Updates In Q2
After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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What NYC's Green Fast Track Means For Affordable Housing
New York City's Green Fast Track for Housing initiative, which went into effect last month, aims to speed up the environmental review process for modest residential developments and could potentially pave the way for similar initiatives in other cities, say Vivien Krieger and Rachel Scall at Cozen O'Connor.
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The Often Overlooked NY Foreclosure Notice Requirements
As multifamily real estate defaults mount, New York foreclosing parties should be aware of pitfalls and perils that can await the litigant who is not prepared to ensure adherence with tenant notice requirements under the Real Property Actions and Proceedings Law, say Christopher Gorman and John Muldoon at Rosenberg & Estis.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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A Case Study For Calif. Cities In Water Utility Takeovers
With growing water scarcity and drier weather looming, some local governments in California have sought to acquire investor-owned water utilities by eminent domain — but the 2016 case of Claremont v. Golden State Water is a reminder that such municipalization attempts must meet certain statutory requirements, say attorneys at Nossaman.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Zoning Reform May Alleviate The Affordable Housing Crisis
As America's affordable housing issues continue to worsen, zoning reform efforts can help to provide more affordable homes and mitigate racial and economic segregation, though opposition from residents and in courts could present challenges, say Evan Pritchard and Madeline Williams at Cozen O'Connor.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.