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Real Estate
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November 28, 2023
Public Housing Tenant Sues NC Town Over Mold Infestation
A single mom of four is suing a small town in eastern North Carolina and a property management company on behalf of a proposed class of public housing residents who claim their apartments were overtaken by mold.
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November 28, 2023
MSG Can't Duck NY Liquor License Probe Over Atty Ban
The New York State Liquor Authority has the right to review Madison Square Garden's liquor licenses over its policy of banning lawyers suing the company and its owner from entering its venues in New York City, a state appeals panel ruled this week.
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November 28, 2023
Nossaman Atty Rejoins Lewis Brisbois As Enviro Co-Leader
Lewis Brisbois Bisgaard & Smith LLP has welcomed back as a partner an environmental litigator from Nossaman LLP who was previously head of the California Environmental Protection Agency's Department of Toxic Substances Control, the firm said Tuesday.
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November 28, 2023
Insurer Says No Defense For Contractor In Stormwater Suit
An insurer told a Georgia federal court that it owes no coverage to a home construction company for an underlying lawsuit accusing it of performing defective work that led to pooling stormwater, with the insurer claiming myriad policy exclusions bar any liability for the claims.
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November 28, 2023
Minn. Townhome Group Seeks $2M For Storm Damage
A townhome association is seeking over $2 million in actual and replacement costs from its insurer because of a 2022 storm, maintaining that the insurer has provided less than half the amount awarded in arbitration, according to a lawsuit removed to Minnesota federal court.
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November 28, 2023
NJ Theater Says Policy's $1.9M Limit Applies To Virus Losses
An iconic New Jersey theater urged a federal court to rule that it can recover $1.9 million to offset its $3.7 million pandemic-related losses, arguing that the blanket limit of insurance in its Zurich policy replaces a lower per-occurrence limit for communicable disease coverage.
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November 28, 2023
Feds Want No Prison Time For Ex-NY Atty Who Aided Oligarch
The government asked a New York federal judge this week to allow a former real estate attorney, who admitted to participating in a money laundering scheme to help a Russian oligarch evade U.S. sanctions, to receive no prison time, despite the guidelines calling for 37 to 46 months.
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November 28, 2023
Australian Solar Energy Firm Raises Range For $45M US IPO
SolarJuice Co. Ltd., an Australian solar equipment provider being spun out of SPI Energy Co. Ltd., on Tuesday raised its fundraising target for its initial public offering to about $45 million, represented by Loeb & Loeb LLP and underwriters counsel Pryor Cashman LLP.
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November 28, 2023
Panel Sends Case Involving 'Ancient' Doctrine To La. Justices
Louisiana's high court is the right venue to consider whether a unique, deeply rooted state legal doctrine lets a Chesapeake Energy unit take post-production costs off the top of revenues owed to owners of state-mandated oil and gas pools, according to a divided Fifth Circuit opinion.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 28, 2023
BofA Hit With $12M CFPB Fine Over Mortgage Data Reporting
The Consumer Financial Protection Bureau said Tuesday that it has ordered Bank of America NA to pay a $12 million fine for allegedly reporting "false" mortgage applicant information to the government going back several years.
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November 28, 2023
Lease Compliance Co., Ex-Worker Settle Unpaid OT Suit
A North Carolina-based lease management company and a former employee told a Texas federal court they had reached an agreement to end the worker's suit alleging the company failed to pay her overtime wages, asking the court to close the case.
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November 28, 2023
Law Firm To Get Settlement Info Underlying Malpractice Suit
A New Jersey judge has ordered a family suing their former attorney for malpractice in an intra-family estate dispute to turn over the financial terms of a recent settlement in the estate case, which the attorney said undermined the family's malpractice claims.
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November 28, 2023
LIVE COVERAGE: Day 35 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Follow along here.
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November 27, 2023
Insurer Seeks $17.4M For Failed La. Dredging Projects
An insurer urged a Louisiana federal court Monday to award it over $17 million in damages following several dredging contractors' alleged abandonment of multiple public utility projects, arguing that the contractors failed to pay it back for bonds it issued under a 2014 indemnity agreement.
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November 27, 2023
Aretha Franklin's Youngest Son To Get 'Crown Jewel' House
A Michigan probate judge decided Monday that a 2014 handwritten document found in Aretha Franklin's couch cushion is the controlling will for her estate, setting up the late singer's youngest son to get the "crown jewel" of her estate, a Detroit-area home worth more than $1.1 million.
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November 27, 2023
NC Church Says Contract Dispute Doesn't Involve Religion
A Wilmington congregation pressed the North Carolina Court of Appeals to review its lawsuit alleging the state's United Methodist Church's governing body schemed to close the local church and take more than $2 million in property, arguing the court doesn't have to wade into religious doctrine to decide on the contract dispute.
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November 27, 2023
Golf Course Cos. Ask 4th Circ. Not To Certify Chinese Citizens
A group of golf course ownership companies has asked the Fourth Circuit to affirm a trial court's denial of class certification to investors suing over the use of their money by now-defunct Chinese peer-to-peer lending firms, saying the suit doesn't belong in the U.S. courts.
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November 27, 2023
RealPage, Landlords Say DOJ Wrong On Price-Fixing Claims
RealPage and several landlords accused of using the company's software to fix residential rental rates across the country told a Tennessee federal court the U.S. Department of Justice is trying to improperly expand antitrust law with its statement of interest in the private case.
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November 27, 2023
Ga. Hotel Sex Trafficking Suit Settles Before Trial
A group of women who said they were for years victims of sex trafficking at Atlanta-area hotels agreed to settle on the eve of trial after suing hotel owners and operators they said ignored the crimes happening at their properties.
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November 27, 2023
Sentencing Guidelines Boosted For Atty In Pot Bribe Case
An attorney convicted in a marijuana licensing bribery scheme faces a potentially stiff sentence after a Boston federal judge on Monday rejected the defendant's math, showing he only gained $15,000 from the crime, but stopped short of adopting prosecutors' calculations pegging the gain at $100,000 or more.
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November 27, 2023
Pa. Court Won't Revisit School District's Tax Appeal Policy
After ruling that a school district unevenly targeted high-value properties for assessment appeals and violated Pennsylvania's uniformity clause, the state's Commonwealth Court won't reconsider the case, it said in an order Monday.
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November 27, 2023
Insurer Seeks Quick Win In Real Estate Atty's Hacking Claim
Arguing that a broad exclusion expressly prevents a payout, the National Liability & Fire Insurance Co. has told a Connecticut state court judge that it should win a feud over whether a professional liability policy protects an attorney allegedly tricked into wiring real estate closing payments to a hacker.
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November 27, 2023
No 2nd Shot For Complex In Hurricane Case, Agent Says
Insurance agent AmRisc LP has asked a Louisiana federal court not to allow an apartment complex a second chance to oppose the agent's dismissal from an $11 million Hurricane Ida damage coverage dispute, claiming it had no valid excuse to miss a filing deadline.
Expert Analysis
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ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Paths Forward For RE Buyers In Turbulent Market Conditions
Real estate borrowers are facing significant challenges in financing new acquisitions or developments amid escalating interest rates, but opportunistic debt funds may be able to help bridge through the present environment, say Jon Gallant and Jared Hodges at Knowles Gallant.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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A New Path Forward For Surplus Land Owners In Calif.
A new California law signed last month enables some religious institutions and nonprofit colleges to build affordable housing on surplus land, and its requirements — which are more manageable than they may appear — will support long-term benefits including good housing and the survival of worthy institutions, says Stephen Wilson at Withers.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Inside Bank Regulators' Community Lending Law Overhaul
The federal banking agencies' recently finalized changes to the Community Reinvestment Act not only account for the gradual shift to an environment where lending and deposit-taking are primarily conducted online, but also implement other updates such as diversity initiatives and a new series of lending tests, say attorneys at Norton Rose.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Illinois Trump Tower Ruling Illuminates Insurance 'Occurrence'
In Continental Casualty v. 401 North Wabash Venture, an Illinois appellate court found that Trump Tower was not entitled to insurance coverage for operating its HVAC system without a permit, helping to further define a widely litigated general liability insurance issue — what constitutes an "occurrence," say Robert Tugander and Greg Mann at Rivkin Radler.