More Real Estate Coverage
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September 21, 2023
SEC Charges 5 In Mexico Firm's $15M Ponzi Scheme
Alleging a Ponzi scheme that raised at least $15 million from more than 450 Spanish-speaking U.S. investors, the U.S. Securities and Exchange Commission on Thursday sued Mexico-based Aras Investment Business Group — a company that, until last year, counted one of the biggest homes in Texas among its assets.
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September 21, 2023
Real Estate Rumors: Elton John, Albany Road, Penske Media
Elton John is rumored to be leaving Atlanta after listing his condo for nearly $5 million, investment firm Albany Road Real Estate Partners has reportedly purchased nearly 30 acres in South Florida for $21 million, and Penske Media is said to be moving its headquarters after signing a 125,000-square-foot lease in Los Angeles.
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September 21, 2023
Minn. Tribe Says 19th-Century Treaties Preserved Reservation
A tribe in Minnesota in a dispute over tribal police jurisdiction has told the Eighth Circuit that several treaties dating back to the mid-19th century clearly define and preserve its reservation boundaries, arguing that a district court correctly found that the reservation has been intact ever since.
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September 21, 2023
Nonprofit Counters Atlanta In 'Cop City' Referendum Row
A voting advocacy nonprofit group called on the Eleventh Circuit to affirm a Georgia federal court's ruling barring the enforcement of an Atlanta ordinance requiring signature gatherers for a referendum vote on a controversial "Cop City" training facility to be city residents.
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September 21, 2023
Smith Gambrell Adds Ex-Dentons Construction Pro In NY, Ga.
Smith Gambrell & Russell LLP expanded its construction practice this week with the addition of an attorney experienced in handling private and public development projects.
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September 21, 2023
Norfolk Picks AECOM Venture For $2.6B Floodproofing Effort
AECOM said Tuesday that the city of Norfolk, Virginia has picked its joint venture with Moffatt & Nichol and Volkert to manage a $2.6 billion, multipart project with the U.S. Army Corps of Engineers to prepare for coastal flooding and prevent damage from major storms.
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September 21, 2023
Coal Opponents Want 9th Circ. To Uphold Federal Lease Ban
Coal opponents have urged a Ninth Circuit panel to reject the mining industry's attempt to resume coal leasing on federal land, arguing the Trump administration failed to consider the dramatic environmental consequences when it lifted a leasing freeze.
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September 20, 2023
Florida Co. Plans To Invest $750M In New Fuel Terminals
A St. Petersburg, Florida-based company said it plans to invest $750 million to develop fuel storage terminals that will help improve the Sunshine State's supply chain and reduce the chance of shortages during hurricanes and other severe weather events.
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September 20, 2023
Public Financing Heats Up House Spat Over Commanders Bill
A proposed amendment to the House bill that clears a path to a new stadium for Washington's NFL team, intended to bar federal taxpayer money from being used to lure the team, was rejected after sparking a heated debate in a committee meeting Wednesday over D.C. sovereignty and public handouts to billionaire owners.
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September 20, 2023
Sacramento DA Sues City Over Growing Homelessness Crisis
Sacramento District Attorney Thien Ho sued the city Monday for failing to address the worsening homelessness crisis that has resulted in violence, theft, fires, assaults and more, accusing city leaders of choosing to "ignore the pleas for help" from community residents, and using a federal injunction to justify its inaction.
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September 19, 2023
Scalia's Son To Make High Court Debut In Whistleblower Case
Eugene Scalia, the son of the late U.S. Supreme Court Justice Antonin Scalia, will present oral arguments before the high court for the first time next month as he seeks to uphold a victory won by UBS AG in a case accusing the bank of retaliating against an alleged whistleblower, Law360 has learned.
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September 19, 2023
T-Mobile Says Tax Reimbursement Suit Had Its Chance
T-Mobile told a New Jersey federal court that it's time to toss a suit brought by a middleman seeking to collect tax reimbursements the mobile behemoth had promised a landlord, saying the latest iteration of the complaint all but admits the defects can't be cured.
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September 19, 2023
Judge Keeps Jurors Accused Of Racial Bias In $1.3B Tax Case
A juror accused by another of planning to find three men guilty of conspiring to promote a $1.3 billion conservation easement tax scheme because they are "rich, white and entitled" may remain on the jury and continue deliberations, a Georgia federal judge said Tuesday.
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September 19, 2023
BLM Proposal Would Protect 4,000 Acres Of Tribal, Rec Lands
The Bureau of Land Management has launched a proposal for public review that, if approved, would protect more than 4,000 acres of recreational and tribal lands in New Mexico following years of advocacy by Native Americans and lawmakers seeking to prevent new mining, oil and gas development claims on the property for the next 50 years.
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September 19, 2023
Group Says Feds Must Keep Wis. Tribe From Blocking Roads
A group of Wisconsin residents says the federal government had an obligation in January to prevent a local Native American tribe from barricading roads into its reservation for three months, claiming the action "imprisoned" some inside their homes for fear if they left to get provisions they wouldn't be allowed to return.
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September 18, 2023
Morgan Stanley Hit With $750M Suit Over Loan Restructuring
Morgan Stanley owes lenders at least $750 million for restructuring a credit agreement as part of a scheme to avoid paying them what they were owed for their contribution to loans for high-speed railroad company Brightline Holdings, according to a suit filed Monday in New York state court.
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September 18, 2023
Foley & Lardner Adds Texas RE Team From Husch Blackwell
Global law firm Foley & Lardner LLP announced Monday it hired four attorneys from Husch Blackwell LLP to bolster its real estate practice group in Texas.
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September 18, 2023
Lumen Hit With Securities Suit Over Toxic Cable Disclosures
Telecommunications company Lumen Technologies Inc. was hit with a proposed class action by investors who allege the company failed to disclose potential liabilities related to its lead-wrapped cables, adding to a growing list of cable companies facing litigation over their use of copper equipment.
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September 18, 2023
10th Circ. Backs Gov't In 2018 Wyo. Wildfire Suit
The Tenth Circuit has thrown out a suit by survivors of the 2018 Roosevelt wildfire in Wyoming against the U.S. Forest Service, saying the government's decisions in how to address the fire were discretionary in nature and thus did not waive the government's immunity.
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September 15, 2023
Enviro Groups Can Join Gulf Lease Sale Fight, La. Judge Says
A Louisiana federal judge said conservation groups can join a fight over the U.S. Bureau of Ocean Energy Management's decision to withdraw 6 million acres from an upcoming oil and gas lease sale and add protections for endangered Rice's whales — a decision the Pelican State and oil companies aim to overturn.
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September 14, 2023
Miami Commissioner, Atty Arrested On Corruption Charges
A Miami city commissioner and a local attorney were arrested Thursday and charged with bribery, criminal conspiracy and other corruption-related charges, with some counts related to a judicial campaign for one of the politician's brothers, the Florida Department of Law Enforcement announced.
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September 14, 2023
Judge Trims CO2 Pipeline's Challenge To Iowa Zoning Rules
An Iowa federal judge has found that a company seeking to build a carbon dioxide pipeline across the Midwest can't claim that rules passed by two Iowa counties restricting the line's route are a government taking, trimming the developer's attempt to invalidate the rules.
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September 14, 2023
Colo. Law Firm Escapes Insurance Appraisal Dispute
A property owner attempted to defeat diversity jurisdiction in an appraisal dispute over storm damage coverage by fraudulently joining its insurer's outside counsel to the case, a Colorado federal judge found, dismissing the firm from the suit and denying the property owner's bid to remand it to state court.
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September 14, 2023
EPA Grants New Clean Water Permit Power To States, Tribes
States' and tribes' authority to block projects like pipelines, export terminals and dams over Clean Water Act concerns will be strengthened under a new U.S. Environmental Protection Agency rule announced Thursday.
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September 13, 2023
Westin Hotel's COVID Property Tax Refunds Suit Put On Pause
A Washington state judge has put the brakes on a Westin hotel's lawsuit alleging its property tax bills were inflated because the assessor failed to take into account the impacts of the pandemic, saying the case would be stayed pending the outcome of an administrative appeal before a tax board.
Expert Analysis
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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Industry Takeaways From OMB's Final Buy America Guidance
The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.
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Texas Produced Water Ruling Helps Clarify Oil, Gas Leases
A Texas state appeals court's recent opinion in Cactus Water Services v. COG Operating, holding that the mineral lessee under an oil and gas lease owns the water extracted during oil and gas production, is a first step toward clarity on an issue that has divided the midstream industry, say attorneys at Mayer Brown.
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Pa. Case Highlights Complexity Of Oil And Gas Leases
A Pennsylvania state court's recent decision in Douglas Equipment Inc. v. EQT Production Co. is a reminder that oil and gas leases are rather strange creatures — morphing from something akin to a traditional surface lease to a mineral property conveyance the moment oil and gas is produced, says Christopher Rogers at Frost Brown.
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Calif. Protected Species Law Changes: Real Fix Or Red Tape?
California's recent amendments to its "fully protected species" statutes create a temporary permitting regime intended to accelerate the building of renewable energy, transportation and water infrastructure in response to climate change — but the new legislation could become another obstacle to the projects it purports to benefit, says Paul Weiland at Nossaman.
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EPA Focus On Lead Could Heighten Private Litigation Risk
As the U.S. Environmental Protection Agency continues a series of initiatives aimed at reducing lead exposure, including last month's proposal to strengthen removal requirements for lead-based paint, the risks of private suits from citizens groups over lead contamination grow, say Jonathan Brightbill and Madalyn Brown Feiger at Winston & Strawn.
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Ruling Affirms Drillers' Right To Choose Methods In Colo.
In the wake of the Tenth Circuit's decision in Bay v. Anadarko E&P Onshore, a bellwether trespass case, oil and gas operators can breathe easy knowing that Colorado landowners cannot dictate their method of drilling — even in the face of more reasonable alternatives, say Lauren Varnado and Jessica Pharis at Michelman & Robinson.
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NYC Sidewalk Obligations Must Go Beyond Construction
New York City's recently announced Get Sheds Down plan will bring sweeping changes to regulation of the scaffolding and construction sheds looming over sidewalks — but it cannot stop there, says Michael Pollack at Yeshiva University's Cardozo School of Law.
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5 Quick Takeaways From Feds' New Bank Capital Proposals
The federal banking agencies' recent proposed rulemaking on capital requirements is the culmination of a holistic review of U.S. capital standards initiated by the Federal Reserve, and at over 1,000 pages, the proposal will take some time to fully digest, but there are a few items that can be immediately highlighted, say attorneys at Simpson Thacher.
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Contract Disputes Recap: Timeliness, Evidence, Fact-Finding
Edward Arnold and Bret Marfut at Seyfarth Shaw look at three recent opinions from three stages of government contract claims litigation about avoiding untimeliness by ticking procedural boxes, supporting factual positions at the summary judgment stage and how the appellate boards review default terminations.
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The Importance Of Sustainable, Resilient Construction Design
Due to the significant role that the construction industry plays in climate change, industry participants must understand the concepts of sustainable and resilient design practices, as well as the risks associated with implementing or foregoing these practices, say Daniel Brennan and Marissa Downs at Laurie & Brennan.
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Sackett Ruling, 'Waters' Rule Fix Won't Dry Up Wetlands Suits
In the wake of the U.S. Supreme Court's recent ruling in Sackett v. U.S. Environmental Protection Agency narrowing the scope of Clean Water Act protections, the Biden administration is amending its rule defining "waters of the United States" — but the revised rule will inevitably face further court challenges, continuing the WOTUS legal saga indefinitely, say attorneys at Milbank.
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The Supreme Court Is At War With Itself On Extraterritoriality
The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.