More Real Estate Coverage
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November 30, 2023
Va. Tax Head Disallows Subtraction Of Distributions, Gains
Certain Virginia residents may not subtract any portion of their retirement distributions or capital gains for state income tax purposes, the tax commissioner said, finding no evidence that the residents qualified for a subtraction.
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November 30, 2023
EPA Proposes Removing All Lead Pipes In Next Decade
The U.S. Environmental Protection Agency released a proposal Thursday aimed at replacing all lead pipes throughout the country within the next 10 years to protect the public from the significant, and irreversible, health effects tied to exposure to lead in drinking water.
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November 29, 2023
Virginia Pipeline Challengers Seek Freeze From High Court
Virginia landowners challenging the controversial Mountain Valley Pipeline have returned to the U.S. Supreme Court, imploring Chief Justice John Roberts to stop the natural-gas pipeline work from harming their property while litigation over the constitutionality of land seized for the project plays out in the lower courts.
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November 29, 2023
Berkshire Hathaway Unit Hit With Water Pollution Suit In NC
A Berkshire Hathaway-owned developer polluted creeks with harmful sediment while repeatedly failing inspections that warned about inadequate environmental safety measures at a 216-acre housing development in North Carolina, environmentalists alleged in a federal lawsuit filed Tuesday.
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November 29, 2023
4th Circ. Remands Railway Eminent Domain Fight To Va.
Norfolk Southern Railway Co. should never have been allowed to pull its eminent domain fight with Zayo Group over a lease to run fiber optic cables from before the Virginia State Corporation Commission and into federal court, the Fourth Circuit has ruled, sending the dispute back there.
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November 28, 2023
Insurer Seeks Exit From U. of Wash. COVID Coverage Suit
A Liberty Mutual insurer is trying to derail a University of Washington lawsuit seeking coverage of hundreds of millions of dollars in pandemic-driven losses and expenses, saying the university is relying on recent state Supreme Court decisions that don't support its theory that its facilities suffered a covered "loss of functionality."
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November 28, 2023
Real Estate Agents Nab Final Approval In $3M OT Deal
A real estate brokerage operator will pay $3 million to end a suit in California federal court alleging it misclassified agents as independent contractors and cheated them out of overtime after a federal judge approved the deal Tuesday.
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November 28, 2023
Norfolk Southern Wants To See Pa. Crossing Suit Derailed
Railroad giant Norfolk Southern urged a Pennsylvania federal court Tuesday to toss a lawsuit alleging its trains block traffic at a grade crossing, claiming that the U.S. solicitor general had argued in a similar case that federal regulation preempts state law in the matter.
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November 28, 2023
Nossaman Atty Rejoins Lewis Brisbois As Enviro Co-Leader
Lewis Brisbois Bisgaard & Smith LLP has welcomed back as a partner an environmental litigator from Nossaman LLP who was previously head of the California Environmental Protection Agency's Department of Toxic Substances Control, the firm said Tuesday.
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November 28, 2023
Akerman Elevates Trio Of Miami Attys To Special Counsel
Akerman LLP has three new special counsel after promoting a trio of Miami attorneys this week.
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November 28, 2023
Australian Solar Energy Firm Raises Range For $45M US IPO
SolarJuice Co. Ltd., an Australian solar equipment provider being spun out of SPI Energy Co. Ltd., on Tuesday raised its fundraising target for its initial public offering to about $45 million, represented by Loeb & Loeb LLP and underwriters counsel Pryor Cashman LLP.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 27, 2023
2nd Circ. Remains Mum In Hearing Over Panama Discovery
The Second Circuit did little to tip its hand during oral arguments aimed at resolving whether federal courts can order discovery for arbitration before the International Centre for Settlement of Investment Disputes, asking few questions during a 22-minute hearing concerning controversy over expanding the Panama Canal.
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November 27, 2023
Insurer Seeks $17.4M For Failed La. Dredging Projects
An insurer urged a Louisiana federal court Monday to award it over $17 million in damages following several dredging contractors' alleged abandonment of multiple public utility projects, arguing that the contractors failed to pay it back for bonds it issued under a 2014 indemnity agreement.
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November 27, 2023
NC Church Says Contract Dispute Doesn't Involve Religion
A Wilmington congregation pressed the North Carolina Court of Appeals to review its lawsuit alleging the state's United Methodist Church's governing body schemed to close the local church and take more than $2 million in property, arguing the court doesn't have to wade into religious doctrine to decide on the contract dispute.
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November 27, 2023
Pa. Justices Say Construction Bid Fight Belongs To PennDOT
Pennsylvania may block a construction firm accused of underpaying its workers from bidding on new construction contracts, as the state's Supreme Court ruled that the company must first contest any debarment with the state Department of Transportation before filing suit.
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November 27, 2023
Elliott Slams Crown Castle For 'Profound Lack Of Oversight'
Activist investor Elliott Investment Management LP on Monday took a jab at telecommunications company Crown Castle Inc., saying the company suffers from a "profound lack of oversight" and a "breathtaking magnitude" of underperformance, and calling for an executive shake-up if the company does not make significant changes.
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November 27, 2023
NC County Says Energy Co. Owes $1.6M For Failed Project
A North Carolina county said an energy company didn't follow through on its plan to build a natural gas electric generating facility, despite the county's significant investment in the project.
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November 27, 2023
Mich. Board Stalls On Property Tax Elimination Summary
The Michigan Board of State Canvassers delayed consideration at its Monday meeting of whether a 100-word summary of a proposed constitutional amendment that would eliminate property taxes was sufficient.
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November 27, 2023
Pa. Court Won't Revisit School District's Tax Appeal Policy
After ruling that a school district unevenly targeted high-value properties for assessment appeals and violated Pennsylvania's uniformity clause, the state's Commonwealth Court won't reconsider the case, it said in an order Monday.
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November 22, 2023
With FERC Stalled On Pipeline Policy, Courts Could Show Way
There's little indication that a long-awaited revision of the Federal Energy Regulatory Commission's gas infrastructure approval policy is imminent, which means any further clarity on how the agency should factor climate change into its reviews will likely come from the courts. Here's a trio of pending D.C. Circuit cases that could provide FERC with further guidance on how it should evaluate the climate impacts of gas projects.
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November 22, 2023
Florida Tribe Seeks To Overturn EPA Water Permit Decision
A Native American tribe has asked a federal court for a quick win in its lawsuit challenging the U.S. Environmental Protection Agency's approval of Florida's effort to take over a Clean Water Act permitting program, saying the tribe's waters are outside the state's regulatory jurisdiction.
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November 22, 2023
NJ Bill Aims To Tax Water Protection Upgrades On Public Land
New Jersey would levy property tax on dams, buildings and other improvements built on public land to protect public water supplies under a bill introduced in the state Assembly.
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November 22, 2023
NJ Assembly Bill Seeks Tax Break For Conservation Sales
New Jersey would allow individuals to claim a gross income tax deduction for money earned through the sale of real property to conservation groups as part of a bill introduced in the state Assembly.
Expert Analysis
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IRS Starts Clock On Energy Projects' Labor Rule Exemption
A U.S. Department of the Treasury notice published this week started the 60-day clock for clean energy projects seeking to be grandfathered from having to meet new labor requirements to qualify for enhanced tax credits, and uncertainty about how the provisions will apply should be incentive for some investors to begin construction soon, say attorneys at Eversheds Sutherland.
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Law Schools Are Right To Steer Clear Of US News Rankings
By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.
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Litigation Funders Seek Transparency In Disclosure Debate
Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.
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5 Principles For Better Professional Development Programs
The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.
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My Favorite Law Prof: How I Learned To Practice With Passion
First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.
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ESA Listing Change Shows Conservation Partnership Benefits
The U.S. Fish and Wildlife Service's recent decision to narrow the range of the gopher tortoise’s Endangered Species Act status demonstrates that public-private voluntary conservation partnerships can help leverage landowners' knowledge of their working lands to the benefit of species, the ecosystem and the landowners, say attorneys at Crowell & Moring.
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State-Led Programs Can Speed Up Brownfield Development
Too often, publicly funded brownfields programs are not optimized to achieve redevelopment in the near term, but policymakers can address this problem by directing additional resources toward state-level brownfields programs that offer thoughtfully designed tax incentives and liability protection, says Gerald Pouncey at Morris Manning.
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Questions To Ask Before Making A Lateral Move As Partner
Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.
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My Favorite Law Prof: How I Learned To Argue Open-Mindedly
Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.
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Outlook For Offshore Wind Development In The Gulf Of Mexico
Jana Grauberger and Stephen Wiegand at Liskow & Lewis discuss the current status of wind development in the Gulf of Mexico and the qualification requirements for holding offshore wind leases, and look ahead to potential effects that the Inflation Reduction Act may have on the offshore wind leasing timeline.
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ABA's No-Contact Rule Advice Raises Questions For Lawyers
The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.
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4 Key Skills For An Effective Attorney Coaching Conversation
As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.
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How Civilian Attorneys Can Help Veterans
With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.