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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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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.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Texas Property Law Complicates Financing And Development
A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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How Bankruptcy Law Caps Landlords' Rejected Lease Claims
With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Navigating The New Playbook For SBA 504 Loans
As the U.S. Small Business Administration 504 loan program’s relevance grows amid climbing foreclosure activity, regulatory changes and a notable ruling from the Eighth Circuit are reshaping origination and workout strategies, highlighting the need for a national framework to improve resolutions, protect recoveries and support small businesses, says Casey Sieck at Day Pitney.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.