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Real Estate
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September 05, 2025
DC Circ. Won't Halt Order Releasing Billions In Foreign Aid
Both a divided D.C. Circuit panel and a district court judge Friday refused to hit pause on the judge's recent order requiring the Trump administration to release billions of dollars in frozen foreign aid.
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September 05, 2025
Real Estate Recap: Investor Power Plays
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what attorneys have been seeing when it comes to the power dynamic between fund managers and their investors.
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September 05, 2025
Whoopi Goldberg Battles Ex-NJ Mayor Over Cannabis Store
A former Garden State mayor is asking a New Jersey state judge to dismiss a counterclaim from Whoopi Goldberg's cannabis company, WhoopFam NJ LLC, in a dispute over a failed effort to open a recreational marijuana retail store.
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September 05, 2025
NJ Court Won't Push Affordable Housing Project Through
A New Jersey state appeals court affirmed Friday that a developer can't bypass a municipality's zoning rules and obtain approvals for an affordable housing project, even though the development is part of the municipality's plan to meet its affordable housing obligations.
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September 05, 2025
Sierra Club Looks To Secure Border Wall Settlement Funds
The Sierra Club and a nonprofit ally asked a California federal judge to order the Trump administration to preserve at least $50 million of border wall construction funds to pay for environmental projects required by a settlement struck with the Biden administration.
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September 05, 2025
Miner Must Show Why Chuckwalla Suit Belongs In Mich.
A Michigan federal judge has ordered a Michigan resident challenging the Chuckwalla National Monument's protected status to show why the lawsuit should remain in the Great Lakes State, suggesting that the case seems to fit better in California where the vast desert acreage is located.
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September 05, 2025
Mo. House Resolution Seeks Vote On Narrowed Property Tax
Missouri would ask voters to decide if the state should amend its constitution to designate real property as the only property classified for property tax purposes under a joint resolution filed in the state House of Representatives and submitted to a special legislative committee Friday.
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September 05, 2025
Fla. Judge Sets Aside $30M Helms-Burton Verdict
A Florida federal judge on Friday set aside a $29.85 million verdict against Expedia, Orbitz and Hotels.com over Helms-Burton Act violations, finding that the entities stopped trafficking in properties confiscated by the Cuban government once they learned of a potential claim by an heir.
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September 05, 2025
NY AG Settles Lead Paint Suit With Buffalo Landlord
New York's attorney general, Erie County and the city of Buffalo have reached a proposed settlement with a Buffalo landlord and other parties who were accused of failing to deal with hazardous lead paint in multiple rental properties, according to a proposed consent order and judgment filed Friday.
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September 05, 2025
Atty Can't Duck ID Theft Conviction Over High Court Ruling
A 2023 U.S. Supreme Court ruling narrowing the definition of aggravated identity theft may not be used to vacate a former attorney's prison sentence for a mortgage fraud scheme, a Massachusetts federal judge ruled Thursday, denying a request to throw out his plea deal and order a new trial.
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September 05, 2025
Property Management Co. Hit With Disability Bias Suit In NC
Georgia-based property manager FirstKey Homes faces claims in North Carolina federal court from a former employee who claims the company forced her to notify other employees they were being fired along with other unwanted tasks in retaliation for her disability-related work-from-home requests.
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September 05, 2025
8th Circ. Won't Revisit Crop Damage Arbitration Fight
The Eighth Circuit has ruled that the existence of arbitration agreements for some farmland owners, who are suing over depressed crop yields in the aftermath of an Alliance Pipeline project, does not amount to grounds for the appeals court to review a decision reviving proceedings.
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September 05, 2025
Pot Co. Investors Say Ex-Partner Drained Coffers For Suits
The members of an investment firm are suing their former business partner in California state court, alleging that he misappropriated funds from the firm to defend himself in a separate suit by another business partner accusing him of fraud.
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September 04, 2025
7th Circ. Mulls Ex-Cushman & Wakefield GC's Defamation Row
A Seventh Circuit panel on Thursday asked an attorney for Cushman & Wakefield's former general counsel, who has alleged a Law.com article about his departure was defamatory, if there was any reasonable interpretation of the story other than his claim that it linked his termination with his handling of the firm's involvement in an investigation into President Donald Trump.
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September 04, 2025
Colo. Developer Says Wash. Atty Botched Bankruptcy Case
A Colorado company has hit a law firm and one of its former bankruptcy attorneys with a legal malpractice suit in Washington federal court, alleging that the defendants' "negligence" caused the business to lose properties worth more than $5 million in its Chapter 11 case.
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September 04, 2025
5th Circ. Ponders If Lack Of Vote Can Beget Takings Claim
A Fifth Circuit judge pushed counsel for real estate ownership entities to explain how a Texas city council declining to grant a time extension could give rise to a claim that the state interfered with private rights, saying Thursday the city council seemingly just did nothing.
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September 04, 2025
Trump Says 'Century-Old' Precedent Backs Fed Gov.'s Firing
President Donald Trump on Thursday hit back at Federal Reserve Board Gov. Lisa Cook's motion seeking to block her termination from the central bank, telling a Washington, D.C., federal court that Cook was ignoring "century-old" U.S. Supreme Court precedent that he says forecloses review of her removal for cause.
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September 04, 2025
Couple Say Mexico Timeshare Feud Belongs In State Court
A Michigan couple who sued a Mexican resort company in a fight over a timeshare contract is arguing that their case belongs in Florida state court, saying an underlying arbitration agreement calling for disputes to go to Canada cannot be heard in federal court.
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September 04, 2025
Yale Hospital's Info Request Upheld In $435M Property Suit
Three third-party hospital real estate holding companies and their corporate parent cannot challenge a decision requiring them to give records to Yale New Haven Health Services Corp. for its $435 million asset sale dispute with bankrupt Prospect Medical Holdings Inc., a Connecticut appeals court has ruled.
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September 04, 2025
Conn. Justices Don't Create Notice Duty For Insurance Agents
An insurance agency had no duty to tell a Connecticut couple that their homeowners' policy was at risk of nonrenewal before an accidental fire destroyed their house, the Connecticut Supreme Court ruled Thursday, affirming that it is a carrier's job to try to notify policyholders when continuation of coverage is on the line.
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September 04, 2025
Ulta Sues To Exit Namdar-Owned Connecticut Mall
Beauty retailer Ulta has filed suit against the operator of a mall in Trumbull, Connecticut, saying its 10-year lease should be terminated after a failure of the heating, ventilating and air-conditioning system has forced the outlet to close for two months and counting.
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September 04, 2025
NY AG Appeals Toss Of $500M Trump Fine In Civil Fraud Case
New York's attorney general said Thursday she will challenge an appeals court's decision to throw out what it called an "excessive" $489 million civil fraud penalty against President Donald Trump and his sons, his companies, and executives of his companies.
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September 04, 2025
Wash. PFAS Contamination Suit Sent Back To State Court
A Washington federal judge has remanded to state court a refinery operator's suit alleging that firefighting foam containing per- and polyfluoroalkyl substances, or PFAS, made and sold by The Chemours Co., Tyco Fire Products and others has contaminated the refinery.
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September 04, 2025
7th Circ. Doubts Investor's Priority To $2.5M In Fraud Funds
Seventh Circuit judges seemed skeptical Thursday of a real estate banking firm's argument it should have been prioritized over other investors with respect to proceeds from the liquidation of assets related to an alleged $135 million Ponzi scheme, pointing to evidence the firm noticed red flags but dropped the ball in investigating.
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September 04, 2025
Cushman Told Hold Vote On Cleary-Advised Bermuda Move
Commercial broker Cushman & Wakefield said Thursday that it will hold a shareholder vote in October on a plan to change its place of incorporation from England to Bermuda.
Expert Analysis
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Know The Rules And Costs Of New Fla. Condo Inspection Law
Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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Addressing Tariff Price Escalation In Construction Contracts
As construction projects across the U.S. face uncertainty surrounding material price increases driven by government-imposed tariffs, owners and developers should draft strong contracts to protect themselves from tariff-related cost overruns and delays, say attorneys at Akerman.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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How The CRE Industry Is Adapting To Tariff Uncertainty
Amid uncertainty about pending tariffs and their potential ripple effects, including higher material costs, supply chain delays and tighter margins, commercial real estate industry players are focusing on strategic planning and risk mitigation, says Daniel Diaz Leyva at Day Pitney.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Contractor Remedies Amid Overhaul Of Federal Spending
Now that the period for federal agencies to review their spending has ended, companies holding procurement contracts or grants should evaluate whether their agreements align with administration policies and get a plan ready to implement if their contracts or grants are modified or terminated, say attorneys at DLA Piper.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Contract Disputes Recap: Terminations Galore
Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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How Fla. Is Floating A Raft Of Bills To Stem Insurance Woes
Proposed reforms that follow a report skewering Florida's insurance industry offer a step in the right direction in providing relief for property owners, despite some limitations, say attorneys at Farah & Farah.