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Real Estate
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September 29, 2025
IRS Finalizes Income Rules For Housing Tax Credit Projects
The U.S. Department of the Treasury and Internal Revenue Service published finalized rules for housing tax credit developers opting to use an average-income test to set rents for affordable housing projects, aiming to reduce the risk of disqualification if a unit falls out of compliance.
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September 29, 2025
Airbnb Rental Violates Zoning Rules, Conn. Town Says
An Airbnb listing for a "poolside retreat" with 10 beds violates a Connecticut town's zoning ordinance because it is commercial in nature, not residential, according to an enforcement action that asks a state court to shut down the enterprise for good.
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September 29, 2025
Wealth Mgmt. Firm Says Insurer Omitted Essential Parties
A wealth management firm and its CEO told a Tennessee federal court that its professional liability insurer failed to include other insurers and an insurance agency in coverage litigation over underlying arbitration claims totaling roughly $7 million, arguing it faces conflicting coverage positions from its carriers.
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September 29, 2025
Worker Sues Over Fall Of U.S. Steel Tower Elevator
A worker says a freight elevator in downtown Pittsburgh's U.S. Steel Tower malfunctioned and dropped him four flights while he was taking it to work, causing injuries to his right ankle that needed surgeries, according to a complaint in Pennsylvania state court.
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 29, 2025
Yale Unit Will Pay $45M To End Failed Hospitals Sale Dispute
Yale New Haven Health Services Corp. has agreed to pay $45 million to hospital operator Prospect Medical Holdings Inc. to conclude their legal dispute over a failed $435 million sale of three Connecticut hospitals, according to a motion filed in Texas bankruptcy court.
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September 29, 2025
Liberty Units Seek Toss Of Auto Co.'s Runoff Settlement Suit
Liberty Mutual units urged a Texas federal court to toss an automobile auction company's suit accusing them of failing to indemnify a settlement over stormwater runoff claims, saying the question of breach cannot be answered until a related suit determines whether the insurers had any duty to indemnify.
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September 29, 2025
Fla. Cities, Counties Take Aim At Storm Recovery Law
A coalition of 25 Florida municipalities and counties sued the state on Monday over a state law aimed at encouraging post-hurricane rebuilding efforts that the local governments say unconstitutionally tramples their authority to regulate land use and development in their communities.
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September 26, 2025
Real Estate Recap: EB-5 Evolving, Insurance Impact, $1B Buy
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the EB-5 industry amid President Donald Trump's "gold card" investment visa rollout, higher insurance premiums affecting commercial real estate companies, and New York City's first single-asset real estate deal this year to break $1 billion.
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September 26, 2025
Zillow Loses 9th Circ. Bid To Undo Investor Class Cert.
The Ninth Circuit on Friday affirmed a lower court's decision to grant class certification in an investor suit claiming Zillow Group Inc. oversold a now-shuttered home-buying program, rejecting the real estate listing site's arguments that the lower court did not correctly apply the U.S. Supreme Court's Goldman decision to the class certification bid.
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September 26, 2025
Banks Evade Most Liability Claims In Copyright Suit
A pair of banks had the majority of the liability claims against them tossed by a Colorado federal judge Friday in an architectural group's copyright lawsuit against a real estate developer, whose project they financed.
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September 26, 2025
Bankrupt NYC Cannabis Club Ordered Out Of Brooklyn Spot
A New York bankruptcy judge has told Empire Cannabis Club to surrender the property it leases at a location in Brooklyn to its landlord, ruling the bankrupt tenant effectively rejected the lease because it never moved to assume it.
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September 26, 2025
SEC Eyes Tweaking RMBS Rules To Revive Dormant Market
The U.S. Securities and Exchange Commission put out a call for public comments on improving its rules over residential mortgage-backed securities, noting that there have been no such public offerings in more than a decade and questioning whether the agency's requirements may be partially to blame.
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September 26, 2025
Court Erases $187M Hurricane Damage Appraisal Award
A Florida federal court invalidated a $187 million appraisal award that a group of homeowners associations won against their insurers over damage related to Hurricane Sally in 2020, finding that the group's chosen appraiser "never stated the 'amount of loss'" to the property.
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September 26, 2025
$33M NJ Mansion Wasn't Chinese Exile's, Holding Co. Says
A holding company that nominally owns a $33 million New Jersey mansion has asked a Connecticut federal judge to flip a bankruptcy finding that the company was equitably owned by Chinese exile Miles Guo and functioned as his alter ego, arguing the property was actually paid for by Guo's fraud victims.
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September 26, 2025
Golfer Wants Debt, Membership Cap Amid Renovation Row
A member of a private golf club in North Carolina has doubled down on his efforts to cap the club's membership and debt while he battles the board of governors over a contentious $23 million clubhouse renovation, saying it's necessary to preserve the status quo until the court decides who has the power to change the club's bylaws.
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September 26, 2025
Mortgage Insurer Wants To Settle 401(k) Mismanagement Suit
A mortgage insurance company has agreed to settle a proposed Employee Retirement Income Security Act class action filed by a former employee who accused the insurer in North Carolina federal court of mismanaging a 401(k) plan.
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September 26, 2025
Judge Criticizes Email-Only Talks In NY Smoke Shop Dispute
A New York federal judge chided attorneys for the Cayuga Nation and the smoke shop it's suing on Thursday for not actually speaking to each other when resolving a combative documents dispute, warning them that she might sanction them if they don't follow her orders more closely next time.
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September 26, 2025
NJ Riverfront Site Owner Hits Ch. 11 Ahead Of Sheriff's Sale
A property owner accused of defrauding an investor with phony development plans for a New Jersey site on the Hudson River sought Chapter 11 protection ahead of a sheriff's sale Friday, claiming it owes $67.3 million to creditors that include a foreclosing developer.
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September 26, 2025
High Court Pauses Distribution Of $4B Foreign Aid
The U.S. Supreme Court ruled Friday that the Trump administration can hold onto $4 billion in frozen foreign aid funding while Congress considers a proposal to cut it, pausing a lower court order that required the federal government to spend the money before the end of the month.
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September 26, 2025
Justices Urged To Review Suit Over Mich. City Tenant Info Law
Real estate companies have pressed the U.S. Supreme Court to review a Sixth Circuit decision upholding the dismissal of a constitutional contract claim in their suit against a Michigan city over a law requiring commercial landlords to provide prospective tenant information in order to obtain a license to rent to them.
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September 26, 2025
Jones Day Hires NY Public Finance Attorney From Orrick
Jones Day announced that its New York office has gained a former Orrick Herrington & Sutcliffe LLP lawyer who advises issuers, underwriters and lenders on public finance and real assets transactions.
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September 26, 2025
Mass. Tax Board Cuts $1M Home Value To Sale Price
A Massachusetts home valued at $1 million by a county assessor should have the value lowered to the price the home sold for, the state Appellate Tax Board ruled.
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September 26, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Sanjeev Gupta’s Liberty OneSteel sue its collapsed former lender Greensill Capital, television personality Janice Dickinson hit ITV with a personal injury claim after falling over while appearing on “I’m a Celeb …”, and energy investor Blasket bring fresh litigation against Spain amid a row over a $416 million arbitration award. Here, Law360 looks at these and other new claims in the U.K.
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September 26, 2025
Holland & Hart Brings On Perkins Coie Commercial Litigator
Holland & Hart LLP has added a former Perkins Coie LLP partner to enhance its capacity to handle commercial litigation and advise high-net-worth individuals about a variety of matters.
Expert Analysis
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Fla. Condo Law Fix Clarifies Control Of Common Areas
Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Shifting DEI Expectations Put Banks In Legal Crosshairs
The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.
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The State Of Play In Copyright Protection For Floor Plans
With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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Texas Bill Could Still Boost Property Rights In Gov't Disputes
The passage of a bill in Texas that would provide litigants with access to a greater swath of judicial remedies in immunity disputes with government entities and officials would be an invaluable boon for property rights, says Nathan Vrazel at Munsch Hardt.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.