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Real Estate
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November 18, 2025
Trump Admin May Be Overpromising WOTUS Clarity
The Trump administration says its proposal to shrink the Clean Water Act's reach would reduce regulatory burdens and provide clarity to farmers, homebuilders and other businesses, but it could face court challenges and potential reworking by future administrations.
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November 18, 2025
Fla. Condo Says Insurers Handled Storm Claim In Bad Faith
A group of property insurers acted in bad faith by failing to properly, timely and fairly adjust a claim for damage caused by Hurricane Sally in 2020, the owner of a Pensacola condominium complex told a Florida federal court.
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November 18, 2025
Groups Seek More Time To Comment On SEC's RMBS Plan
The Securities Industry and Financial Markets Association is among those calling for the U.S. Securities and Exchange Commission to grant more time to provide feedback on a plan that could change how the agency regulates residential mortgage-backed securities, citing the recent government shutdown as a reason for extending the deadline.
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November 18, 2025
Flagstar Urges 9th Circ. Redo For Escrow Interest Ruling
Flagstar Bank pushed the entire Ninth Circuit to reconsider its prior ruling in a putative class action that accused the bank of violating a California law that requires banks to make interest payments for escrow accounts connected to certain types of residential mortgage loans, arguing that the court deciding that the state law is not preempted by the National Bank Act clashes with the U.S. Supreme Court's decision in a similar case.
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November 18, 2025
NJ Justices Asked How 'Beneficial Use' Should Affect Zoning
A Garden State town urged the New Jersey Supreme Court on Tuesday to provide a blueprint for how municipal zoning boards should evaluate variance applications under a nearly three-decade-old amendment to the state's land use law, arguing that a lower court did not give the update proper consideration when it overturned the town's denial of a senior living facility.
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November 18, 2025
Court Says Keeping Tribe's Suit Alive Respects Federal Law
An Oklahoma city can't dodge a jurisdictional challenge by the Muscogee (Creek) Nation, a federal judge determined Tuesday, saying, "The boundary between state authority and tribal sovereignty in Indian Country was marked long before the dispute arose, and nothing in the record suggests Congress has moved it."
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November 18, 2025
IBM, Qualcomm Lead Public Cos. In Patented Inventions
IBM Corp. holds the most patent families of all S&P 100 companies, followed by Qualcomm Inc. and Microsoft Corp., according to an IFI Claims Patent Services report released Tuesday.
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November 18, 2025
9th Circ. Doubts Suit Over Seattle's Response To BLM Protest
The Ninth Circuit appeared skeptical Tuesday about reviving claims that the city of Seattle violated the constitutional rights of two businesses by abandoning several city blocks during the 2020 Black Lives Matter protests, with one judge questioning whether city officials put them in a "more dangerous situation" than others in the neighborhood.
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November 18, 2025
NY Judge Orders More Expert Briefing In Tribe's RICO Suit
A New York federal judge has ordered the Cayuga Nation and defendants in a racketeering suit to submit additional briefing over the Nation's experts in a suit alleging that the defendants conspired to deprive the Nation of funds through an unlicensed tobacco outlet.
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November 18, 2025
Redfin Investor Denied Atty Fees For Rocket Cos. Merger Suit
A Washington federal judge has denied a Redfin investor an award of $450,000 in legal fees to counsel at Monteverde & Associates PC and Wohl & Fruchter LLP after the judge determined that the investor failed to show that his efforts produced material benefits for shareholders voting on Redfin's merger with Rocket Cos. Inc.
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November 18, 2025
New York Disputes Magistrate's Report In Tribal Thruway Row
New York is opposing a recommendation that would give a win to the Seneca Nation and force negotiations over a portion of a thruway that runs through the tribe's reservation, arguing that the report relies on a narrow interpretation of Sherrill laches in contrast to Second Circuit characterization.
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November 18, 2025
Atlanta Taps Oversight Board For $5B Redevelopment Push
The Atlanta City Council has voted to establish a commission to weigh the extension of eight existing tax allocation districts, components that Mayor Andre Dickens has banked on using to finance a $5.1 billion revitalization plan.
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November 18, 2025
NJ Panel Backs Arbitrator's Ruling In Parking Spaces Spat
A New Jersey appellate court affirmed an arbitrator's decision that determined that two developers had to permanently maintain parking spaces for an Edgewater, New Jersey, mixed-use complex, ruling that the arbitrator for the related dispute didn't overstep their authority.
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November 17, 2025
Fed's Cook Slams 'Pretextual' Mortgage Fraud Accusations
Federal Reserve Board Gov. Lisa Cook on Monday hit back at federal officials' allegations she committed mortgage fraud, criticizing the "baseless" accusations as "pretextual justifications" for President Donald Trump and his allies "to investigate anyone whom they view as an obstacle to the administration's political and economic agenda."
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November 17, 2025
UConn Health Poised To Buy Hospital In $35M Ch. 11 Deal
Bankrupt for-profit hospital operator Prospect Medical Holdings Inc. on Monday sought approval for the $35 million sale of Waterbury Hospital in Connecticut to two UConn Health units under a stalking horse bid package filed in early November.
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November 17, 2025
8th Circ. Affirms Ala. Apt. Owner's $27M Fire Coverage Win
A split Eighth Circuit affirmed Monday an apartment complex owner's $27 million jury award against a Travelers unit in a fire coverage dispute, saying sufficient evidence existed to support the verdict that the presence of microscopic soot constituted "direct physical loss or damage" to property as required by the policy.
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November 17, 2025
Colo. HOA, Insurer Settle Remaining Hail Damage Claims
A homeowners association and its insurer reached a settlement in Colorado federal court Friday in the homeowners association's breach of contract lawsuit where it claimed the insurer incorrectly issued roughly $1,600 for hail damage despite the association's $3.5 million damage estimate.
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November 17, 2025
Ky. Fights To Keep Its RealPage Battle In Play
Kentucky pushed back against several landlords' bid to escape an antitrust suit naming them alongside property management software company RealPage Inc., arguing in federal court that it provided direct evidence supporting its allegation of a conspiracy between the parties.
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November 17, 2025
Trump Hit With Suit Over Plan To Paint Historic Building
A preservationist law firm filed a lawsuit Friday to stop President Donald Trump from painting over a historic granite office building near the White House, a move it says would permanently alter the structure in violation of government rules.
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November 17, 2025
11th Circ. Says Nonprofit Must Obey Affordable Housing Deal
The Eleventh Circuit ruled Monday that the nonprofit owner of a 192-unit multifamily apartment complex must keep obeying a 31-year-old federal agreement that required it to rent the units to lower-income tenants.
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November 17, 2025
Oakland Faces 9th Circ. Headwinds In Airport Naming Fight
The Port of Oakland faced turbulence Monday as it urged the Ninth Circuit to reverse an order barring it from using "San Francisco Bay" in its airport's name, with one judge immediately noting that its proposed name sounds "pretty close" to that of the nearby San Francisco International Airport.
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November 17, 2025
Fla. Panel Says Co. Isn't 'De Facto Defendant,' Denies Fee Bid
A Florida state appellate court has ruled that a construction company isn't a "de facto defendant" in an ancillary proceeding for a charging lien, denying the company's bid to recover attorney fees that it spent fighting the lien in a case that initially started as an insurance lawsuit.
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November 17, 2025
11th Circ. Says Fla. County Owes For Closing Private Beaches
The Eleventh Circuit ruled on Monday that a Florida county enforcing its COVID-19 restrictions for accessing private beaches counted as taking private properties without just compensation under the Fifth Amendment.
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November 17, 2025
Del. Pushes County Property Tax Payment Deadline To Dec. 31
Delaware extended a tax payment deadline for New Castle County property owners until the end of the year under a bill signed by the governor.
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November 14, 2025
Tendit, Ex-CEO Settle Rent Dispute Lawsuit
A facility services company and its former CEO reached a settlement that "reflects no admission of liability by any party" last month to resolve a lawsuit between the two in which the company said the former executive increased the company's rent with her real estate business before resigning.
Expert Analysis
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Looking Beyond Property Damages For Wildfire Survivors
Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
The third quarter of 2025 brought legislative changes to state money transmission certification requirements and securities law obligations, as well as high-profile accounting and anti-money laundering compliance enforcement actions by the Department of Financial Protection and Innovation, say attorneys at Ropes & Gray.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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A Mortgage Lender's Guide To State Licensing Overhaul
Recent changes to the Conference of State Bank Supervisors' Nationwide Mortgage Licensing System require careful attention and planning from mortgage lenders, including tweaks to remote work designations and individual disclosure questions, says Allison Schilz at Mitchell Sandler.
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2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers
Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Montana Federal Ruling Takes Broad View Of 'Related Claims'
A Montana federal court recently took a broad view of related claims, ruling that claims brought by different plaintiffs in different states alleging different legal theories were nevertheless under a directors and officers insurance policy, illustrating the range of interpretations courts may give these clauses, say attorneys at Hunton.
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Expect DOJ To Repeat 4 Themes From 2024's FCPA Trials
As two upcoming Foreign Corrupt Practice Act trials approach, defense counsel should anticipate the U.S. Department of Justice to revive several of the same themes prosecutors leaned on in trials last year to motivate jurors to convict, and build counternarratives to neutralize these arguments, says James Koukios at MoFo.
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As Student Loan Outlook Dims, What Happens To The Banks?
While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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5 Real Estate Takeaways From Trump's Sweeping Tax Law
Changes to the Internal Revenue Code included in the One Big Beautiful Bill Act will have a range of effects on real estate sponsors, investors and real estate investment trusts — from more compliance flexibility around taxable REIT subsidiary limits to new considerations raised by a key retaliatory tax provision that was left out, say attorneys at DLA Piper.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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8 Steps For Industrial Property Buyers To Limit Enviro Liability
Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.