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Real Estate
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November 03, 2025
DC Circ. Skeptical Of Challenge To $47M NAFTA Award
An attorney for Mexico fought an uphill battle on Monday trying to convince a D.C. Circuit panel to vacate a $47 million arbitral award to a Canadian lender based on an argument that the arbitrators misinterpreted part of the North American Free Trade Agreement.
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November 03, 2025
Real Estate Exec Alleges $3.7M Misuse Of Company Funds
The chief development officer of a Colorado real estate developer has claimed in state court that executives within the company improperly transferred $3.7 million to some of the business's affiliates without approval, treating the money as a "piggy bank" to pay obligations for the entities.
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November 03, 2025
Adhesives Co. Seeks AIG's Defense In Faulty Grout Row
Adhesives manufacturer H.B. Fuller Co. told a Minnesota federal court that an AIG unit has breached its duty to defend the company in a proposed class action over the company's Power Grout product, alleging the unit "has abandoned" the company amid ongoing mediation talks in the underlying case.
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November 03, 2025
Judge Reminds Gov't To Follow Media Rules In James Case
A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.
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November 03, 2025
Fla. Jury Awards $2.5M To Woman In Publix Shooting Case
A Florida jury has awarded a woman more than $2.5 million after finding that a Publix grocery store was negligent in failing to warn her of an agitated, armed person in the parking lot who later shot her.
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November 03, 2025
Diamondhead Trustee Gets OK For Jan. Real Estate Sale
A Delaware bankruptcy judge on Monday gave the trustee overseeing the Chapter 7 of casino developer Diamondhead Casino Corp. the go-ahead to put the vacant proposed casino site on the auction block in January.
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November 03, 2025
Suit Claims Cos. Fraudulently Charging 'Zombie' Loan Interest
A proposed class of borrowers is accusing a mortgage servicer and a debt owner in Virginia federal court of fraudulently charging them thousands of dollars of retroactive interest fees for their "long-dormant," "zombie" mortgage loans.
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November 03, 2025
Compass Says Zillow Ban Update Proves Its Point
Real estate brokerage Compass Inc. told a New York federal court Friday that an update on Zillow's website regarding its implementation of an allegedly anticompetitive policy only provides further support for its request to block the policy, days ahead of a preliminary injunction hearing.
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November 03, 2025
Landlords Fight States' Objection To RealPage Settlements
A group of landlords urged a Tennessee federal court to reject arguments lodged by several attorneys general who criticized $141.8 million worth of proposed antitrust settlements that aim to resolve multidistrict litigation accusing the landlords of using property management software company RealPage Inc.'s technology for rent price fixing.
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November 03, 2025
Furniture Co. Owners Accused Of Dodging $2.4M Wage Verdict
The owners of a high-end furniture and accessories business shuffled assets and real estate to avoid being subjected to a co-founder's $2.4 million judgment for unpaid wages, according to a lawsuit the co-founder filed in Pennsylvania state court.
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October 31, 2025
Twin Peaks Lender Says Developer Defaulted On $12M Loan
A Florida franchisee group is suing a developer in state court over a $12 million loan to build two Twin Peaks restaurants in an EB-5 visa program, alleging the developer defaulted on the note and then told the IRS that it converted the loan into equity interest.
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October 31, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this installment of Wheeling & Appealing, November's appellate calendar features a Trump lawsuit against Hillary Clinton, New York City housing disputes, drug pricing battles, immigrant rights cases, and challenges to so-called patent troll laws.
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October 31, 2025
MV Realty Will Pay $2.8M To End NJ Suit Lien Agreements
Florida-based MV Realty has entered into a $2.8 million settlement with New Jersey to resolve a lawsuit claiming it duped cash-strapped homeowners into signing agreements with predatory terms that placed liens on their homes for a one-time cash payment, the state's attorney general's office said Friday.
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October 31, 2025
Real Estate Recap: Retail Rebirth, Data Center Outlier, SCIFs
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a look at how recent big-box store bankruptcies could usher in a retail sector revival, Florida's comparative inertia building data centers, and a rise in the niche asset class known as "sensitive compartmented information facilities."
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October 31, 2025
5th Circ. Rejects Late Claims Over Arkema Plant Explosions
The Fifth Circuit on Friday tossed claims that accused chemical manufacturer Arkema Inc. of being liable for property damage caused by one of its industrial plants exploding after Hurricane Harvey hit Texas in 2017, ruling that the lower court rightfully determined that the claims are time-barred.
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October 31, 2025
Real Estate Co. CBRM Affiliates' Ch. 11s Tossed In NJ
A New Jersey bankruptcy judge agreed Friday to dismiss the Chapter 11 proceedings for entities connected to troubled real estate group CBRM Realty Inc., diffusing creditors' efforts to have the cases thrown out as bad-faith filings.
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October 31, 2025
CREXi Can't Get CoStar's Copyright Claims Put On Hold
A California federal court refused a bid from Commercial Real Estate Exchange Inc. to pause CoStar Group Inc.'s "mass" infringement claims so they can be tried alongside CREXi's recently revived antitrust counterclaims.
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October 31, 2025
Execs Settle Real Estate Platform Dispute For $30M
Two directors of Fang Holdings Ltd. and their affiliates reached a settlement ending claims they stripped the Chinese online real estate portal operator of its value for personal gain, agreeing to a $30 million cash payment and share transfer.
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October 31, 2025
RealPage, Landlords Flag 'Fatal Deficiencies' In Antitrust Suit
Property management software company RealPage Inc. and multiple landlords are urging a New Jersey federal court to toss the state's rent price-fixing suit, arguing that the suit contains "fatal deficiencies" and that the state is relying on circumstantial evidence in its attempt to show that the defendants made anticompetitive agreements.
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October 31, 2025
Insurer Needn't Cover Conn. Property Co.'s Damage Claim
A Nationwide unit doesn't owe coverage for a property owner's claim over a burst water pipe that resulted in a sudden settling of a commercial building and made it unsafe for tenants, a Connecticut federal court ruled, finding that the policy's earth movement and settling exclusions apply.
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October 31, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen two regional law firms clash at the intellectual property court over the name Amicus Solicitors, Bill's Restaurant face a breach of contract suit by its former executive chair, and a Capita subsidiary sue the Metropolitan Police over a multimillion-pound procurement dispute.
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October 31, 2025
'David V. Goliath' Litigation Boutique Launches In SoCal
A longtime Miller Barondess LLP trial lawyer has joined forces with a former Los Angeles federal prosecutor to launch a nationwide litigation boutique representing both plaintiffs and defendants in high-stakes business disputes.
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October 31, 2025
Wage Suit Against Property Management Co. Ends For Good
A building and grounds maintenance worker ended his suit in California federal court accusing a property management company of failing to pay minimum wage and overtime after a deal that settled the remaining individual claims.
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October 31, 2025
Office Building REIT Hits Ch. 11 In Texas With $1B+ Debt
A Massachusetts-based real estate investment trust with 124 office properties nationwide has filed for Chapter 11 protection in a Texas bankruptcy court carrying more than $1 billion in debt and an equity swap agreement with its creditors in hand.
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October 30, 2025
Michigan Tax Foreclosure Deal At Risk As Deadline Looms
Property owners on Wednesday asked a Michigan federal judge to undo the initial approval of a settlement reached with counties accused of illegally keeping the proceeds of tax-foreclosed home sales, saying the counties' delay in providing information will force claimants to miss a deadline to choose how they want to recover their share.
Expert Analysis
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Opportunity Zone's Future Corp. Tax Benefits Still Uncertain
Despite recent legislative enhancements to the qualified opportunity fund program, and a new G7 understanding that would exempt U.S.-parented multinationals from the undertaxed profits rule, uncertainties over future tax benefits could dampen investment interest in the program, says Alan Lederman at Gunster.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Why Fla. Ruling Is A Call To Action For Foreclosure Counsel
A Florida state court's recent decision in Open Range Properties v. AmeriHome Mortgage has sent ripples through the banking industry and the legal community, and signals a new era of heightened scrutiny and procedural rigor in foreclosure litigation, says Andrew McBride and Adams & Reese.
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What To Expect As Trump's 401(k) Order Materializes
Following the Trump administration’s recent executive order on 401(k) plan investments in alternative assets like cryptocurrencies and real estate, the U.S. Department of Labor and the U.S. Securities and Exchange Commission will need to answer several outstanding questions before any regulatory changes are implemented, say attorneys at Cleary.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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FTC, CoStar Cases Against Zillow May Have Broad Impact
Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.
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Key Insurance Coverage Considerations For AI Data Centers
The burgeoning artificial intelligence industry has sparked a surge in data center projects — a trend likely to be accelerated by the White House's AI Action Plan — but with these complex facilities come equally complex risks, engendering important insurance coverage considerations, say attorneys at Morgan Lewis.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Unpacking The New Opportunity Zone Tax Incentive Program
The One Big Beautiful Bill Act brought several improvements to the opportunity zone tax incentive program that should boost investments in qualified funds, including making it permanent, increasing federal income tax benefits in rural areas, redesignating the qualified zones, and requiring more in-depth reporting, says Marc Schultz at Snell & Wilmer.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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You're Out?: Rooftop Views Of Sports Games Raise IP Issues
A high-profile dispute between the Chicago Cubs and a rooftop business adjacent to Wrigley Field strikes at the intersection of sports, intellectual property and Chicago neighborhood tradition, highlighting novel questions that could significantly affect IP rights in the context of live events generally, say attorneys at Troutman Pepper.