Expert Analysis

• Preventing HOA Bias After Wash. Ruling Highlights Risk

  

  Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

• Tracking The 2027 Va. Bills That May Tighten Data Center Regs

  

  Data center developers and operators should monitor Virginia legislation responding to the state's new data center accountability framework, local moratoria and the end of an electricity consumption tax, which could change review thresholds, impose new energy rules and slow the approval process, say attorneys at Holland & Knight.

• CFIUS Annual Report Reveals Enforcement Trends

  

  The Committee on Foreign Investment in the United States' recently published annual report to Congress shows that it is increasingly focused on nonnotified transactions, mandatory filing compliance, critical technologies and postclosing mitigation enforcement across the full life cycle transactions, say attorneys at Bass Berry.

• What Lawyers Should Know Before Accepting Crypto Payment

  

  As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

• Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

  

  Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

• How Evergreen Language Can Sink Landlord Credit Support

  

  A recent pattern in court decisions interpreting letters of credit underscores the importance of using precise language when seeking evergreen protection, so landlords should seek explicit successive-renewal terms, verify issuer forms and calendar deadlines in order to preserve credit support, say attorneys at O'Melveny.

• Calif. Decision Shows Limits Of Self-Serving Testimony

  

  A California appellate court's recent opinion in a dispute between two home renovation partners is a reminder that where there are admissions or undisputed documentary evidence, litigants need more than self-serving testimony to overcome summary judgment, says Tyler Palmer at Tucker Ellis.

• Zillow-Redfin Settlement Spotlights Nontraditional-Deal Risk

  

  The Federal Trade Commission's recent settlement with Zillow and Redfin serves as a reminder that authorities are increasingly interested in challenging nontraditional transaction structures that effectively eliminate a market participant, which includes some exclusivity arrangements, say attorneys at Freshfields.

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  Mentalism Makes Me A Better Lawyer

  

  Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

• Why And How To Build A Neurodiversity-Informed Practice

  

  By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

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  Illinois Banking Brief: All The Notable Legal Updates In Q3

  

  Recent banking developments in Illinois include significant new consumer protection legislation, three meaningful Seventh Circuit decisions, and a high-profile constitutional challenge to the state's new digital asset tax, say attorneys at Barnes & Thornburg.

• How FTC Win Charts A Court-1st Merger Litigation Playbook

  

  A New York federal court's recent decision blocking Henkel's acquisition of Liquid Nails marked a decisive trial win for the Federal Trade Commission, and tips for merging parties in similar transactions now include preparing for full-blown federal litigation, including a complete evidentiary trial, say attorneys at Cooley.

• Foreclosure May Not Be The Fix For Distressed Office Loans

  

  Recently declining office values show that distressed borrowers and lenders should consider negotiated workouts, tax planning and value-preserving leasing strategies as refinancing gaps and special-servicing constraints make foreclosure an increasingly costly last resort, says Howard Koh at Meister Seelig.

• 3 Illinois Updates That Bolster Mortgage Lender Enforcement

  

  Illinois lenders can use clarifications from recent legislative and judicial developments — a law defining the limitations period for home equity loans and two rulings on quiet title actions and lien expirations during foreclosures — to sharpen their enforcement tools and better protect their mortgage rights, says Stephanie Mulcahy at Hinshaw.

• AG Watch: How Maryland Is Meeting The Data Center Age

  

  At a time when states are competing for data center investment, Maryland Attorney General Anthony Brown's upcoming people's counsel appointment may shape the state's most consequential debates over electric rate increases, grid investment and the costs of the ongoing energy transition for years to come, says Erek Barron at Mintz.