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  • January 23, 2023

    PNC Borrowers Score Partial Win In Post-Bankruptcy Suit

    A Michigan couple partly prevailed Monday in federal court on a key claim in their lawsuit accusing PNC Bank of failing to send certain required disclosures about their loan after they emerged from bankruptcy, although their bid to certify a class of borrowers under similar circumstances has failed. 

  • January 23, 2023

    Ga. Panel Revives Contract Breach Claims Against Bank

    The Georgia Court of Appeals on Monday revived a woman's breach of contract claims against Ameris Bank involving almost $100,000 in interest on a loan given to her for home renovations.

  • January 23, 2023

    Developers Nab $48M Loan To Build Fla. Build-To-Rent Homes

    Real estate firms Trusot Developments and Agador Spartacus Development clinched $48 million in financing to construct a build-to-rent project in Central Florida next to the largest retirement community in the country, said borrower-side broker JLL on Monday.

  • January 23, 2023

    Irish Land Seller Loses Appeal Of $45M Deal's Tax Treatment

    Ireland's tax authority had sufficient evidence to rule that a 3.6-acre parcel of land that sold for €42 million ($45.7 million) qualified as development property for capital gains tax purposes, the country's High Court ruled.

  • January 23, 2023

    Listing Service Asks 9th Circ. To Revive Realtor Antitrust Suit

    A real estate listing service claiming a policy from the National Association of Realtors runs afoul of antitrust laws asked the Ninth Circuit on Monday to revive its suit, saying the lower court erred by concluding that the smaller, competing listing platform lacked standing.

  • January 23, 2023

    Investors Say Fake Renovations Used To Run Ponzi Scheme

    Two real estate investors have accused multiple American investment companies of running a Ponzi scheme in which the companies would pay promised rental income with funds of other investors who believed they were paying for property renovations.

  • January 23, 2023

    Mont. Gov. Proposes $1B In Income, Property Tax Relief

    Montana would expand its business equipment tax exemption and provide roughly $1 billion in income and property tax relief under budget proposals put forward by the state's governor.

  • January 23, 2023

    Real Estate Co. Wants Out Of Mortgage Kickback Suit

    A North Carolina real estate agency is seeking to duck a proposed class action alleging it pushed clients toward a mortgage lender in exchange for kickbacks, telling a federal court that the homeowner plaintiffs lack standing to sue.

  • January 23, 2023

    NC Water Utility Settles Developers' Fee Dispute For $106M

    The city of Charlotte, North Carolina, agreed to pay $106 million to settle a lawsuit that alleged two single-family housing developers were overcharged fees to pay the costs of upgrading the city's public water and sewer system.

  • January 23, 2023

    Insurer Wants Stain Maker To Pay For Mass. Camp Fire

    A Philadelphia insurance company told a Massachusetts federal court Monday that a wood stain maker is responsible for $75,000 in damages from a spontaneous combustion at a summer camp, alleging the manufacturer's products caused the fire.

  • January 23, 2023

    Cozen O'Connor Lobby Firm Adds Ex-Habitat For Humanity VP

    Cozen O'Connor's lobbying and public affairs firm said Monday that it has hired the former vice president of government and community partnerships at Habitat for Humanity to advance clients' priorities in Albany and New York City.

  • January 20, 2023

    Court Won't Shield Housing Developers' Talks With Military

    A New York federal magistrate judge has refused to shield communications between military housing developers and the military in a suit alleging the companies were overcharged hundreds of millions of dollars on development loans, saying there was no privilege over those discussions.

  • January 20, 2023

    Ex-Condo Group Trustee Can Get Fees For Suing Peers

    A former trustee for an Atlantic City real estate nonprofit can recover legal fees from suing his fellow board members thanks to bylaws that don't disallow indemnification for such suits, a New Jersey appeals court ruled Friday.

  • January 20, 2023

    Michigan Appeals Panel Reverses Trespass Suit Fees

    A Michigan state appeals court has reversed and remanded a lower court's ruling awarding attorney fees in a property line dispute because the panel said the trial court did not enter an appropriate order on the record and didn't determine the fee.

  • January 20, 2023

    MB Financial Beats $400M FCA Suit Via Public Disclosure Rule

    A New York federal judge threw out a False Claims Act suit claiming MB Financial snagged $400 million in misbegotten reimbursements from federal regulators after taking on loans from a failed Chicago bank, ruling that the underlying allegations were already publicly disclosed.

  • January 20, 2023

    Calif. AG Greenlights $14M Residential Care Facility Sale

    California Attorney General Rob Bonta on Friday approved the $14.5 million sale of a 141-unit residential care facility from one California nonprofit to another, conditioning his sign-off on the buyer's agreement to maintain participation in Medicare and the state's Medicaid program, among other items.

  • January 20, 2023

    NY Landlord To Return Illegally Withheld Security Deposits

    The New York Attorney General's Office recovered more than $442,000 for former tenants of Long Island's largest apartment owner after it copped to illegally withholding security deposits, in an agreement announced on Friday.

  • January 20, 2023

    Property Plays: Meta, Savarino Cos., Rajesh Bhardwaj

    Meta reportedly seeks to shed 435,000 square feet in San Francisco, Savarino Cos. is said to be moving forward with a Westfield, New York, redevelopment project, and restaurateur Rajesh Bhardwaj is reportedly opening a new Jazba location in New York City.

  • January 20, 2023

    Nutter Adds Ex-Boston Official To Real Estate Practice

    Boston-based law firm Nutter McClennen & Fish LLP hired a former interim general counsel for the city's Planning & Development Agency as legal counsel for the firm's real estate department and development, land use and permitting team, the firm recently announced.

  • January 20, 2023

    AmFam Units Say No Coverage For Faulty Workmanship Suit

    Two American Family units asked a Pennsylvania federal judge to find that they have no duty to defend a contractor accused of faulty workmanship that led to $10 million in water damage, arguing that the contractor hasn't shown that the damage occurred during its policy period.

  • January 20, 2023

    Flint, Groups Set New Water Pipe Replacement Deadline

    Flint, Michigan, has agreed on a revised deadline to replace public waterlines in the city and will immediately create a plan to identify and restore properties where pipes have already been excavated and replaced, according to a requirement added to the settlement with a coalition of citizen groups.

  • January 20, 2023

    DC Circ. Judge Slams DOE Boiler Efficiency Rule Clarification

    A D.C. Circuit judge on Friday reproached the U.S. Department of Energy for what he characterized as a disregard of court orders to fully explain evidence supporting the agency's stricter energy efficiency standards for boilers used in commercial and multifamily residential buildings.

  • January 23, 2023

    PulteGroup Says Claims Manager Perpetrated Ponzi Scheme

    PulteGroup Inc. alleged Friday in Florida federal court that JDi Data Corp., a software firm that manages legal claims, plundered at least $2.65 million from the homebuilder's trust accounts to cover shortfalls in what the company called a yearslong Ponzi scheme.

  • January 20, 2023

    Ex-LA City Councilman Cops To RICO Conspiracy, Tax Evasion

    Disgraced former Los Angeles City Councilman Jose L. Huizar admitted to one count of tax evasion and a count of racketeering conspiracy Friday morning before a California federal judge and faces a penalty of nine to 13 years in prison, with sentencing set for April 3. 

  • January 20, 2023

    Property Co. Says Insurer Wrongly Vetoed $1M Theft Coverage

    An Oakland, California, property management firm said its insurer wrongly denied coverage after an employee embezzled more than $1 million to pay her personal credit card bills.

Expert Analysis

  • Judicial Minority Would Alter Jurisdiction For Foreign Cos.

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    While the Fifth and Eleventh Circuits recently reaffirmed that a foreign corporation may not be held liable for foreign conduct in U.S. federal court, if the U.S. Supreme Court were to adopt an emerging minority view, it could reshape the personal jurisdiction landscape established by the court's seminal International Shoe v. Washington ruling, says Andrew Rhys Davies at Allen & Overy.

  • High Court Could Resolve Thorny Atty-Client Privilege Issue

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    The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.

  • Refining Info Governance As E-Discovery Gets More Complex

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    Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.

  • Risk Mitigation In Face Of Rising Legal Malpractice Claims

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    As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.

  • The Perils of Piecemeal Invocation of Arbitration Rights

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    A Missouri federal court's decision in Burnett v. National Association of Realtors, currently on appeal, suggested that the right to arbitrate cannot be asserted piecemeal in the class action context — but a body of case law can guide on what happens when named plaintiffs don't have agreements but putative class members do, say Stephen Safranski and Ryan Marth at Robins Kaplan.

  • Keys To A 9-0 High Court Win: Look For Common Ground

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    When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.

  • Limiting The Scope Of Representation Is Critical For Lawyers

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    A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

  • The Lawyer Personalities That Make Up Joint Interest Groups

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    As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.

  • How Construction Cos. Can Respond To Rising Material Costs

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    As price increases in construction materials continue to negatively affect projects, owners and contractors can protect themselves from losses with contract provisions and contractual methods — or certain legal theories, if litigation is unavoidable, say Bryan Van Lenten at HKA and Danielle Meyer at ASRC Federal.

  • Keys To A 9-0 High Court Win: Practicality Over Perfection

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    When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

  • Time To Rethink The Federal Home Loan Bank System

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    As the Federal Housing Finance Agency looks to review its Federal Home Loan Bank system, we should reflect on the system's drift away from its original mission and recognize the need for Congress to reform the entire federal housing finance infrastructure, says David Reiss of Brooklyn Law School.

  • What New Bar Exam Means For Law Students And Schools

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    Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.