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Real Estate
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August 01, 2025
7th Circ. Tosses Rehab's Zoning Row With Ind. Town
The Seventh Circuit affirmed an Indiana town's win on Friday in an Americans with Disabilities Act and Rehabilitation Act suit lodged by companies that wanted to convert a local nursing home into a rehab facility.
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August 01, 2025
Normal Wear Is On Landlord's Dime, Not Renters', Court Says
Massachusetts' highest court on Friday concluded that landlords cannot ding a tenant's security deposit for normal wear and tear like scuffs on walls, nor can they force a tenant to pay for professional cleanings during a moveout.
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August 01, 2025
Long Island Castle Owner Files Ch. 11 To Stall Foreclosure
The owner of a century-old castle on Long Island's Gold Coast filed for Chapter 11 protection late Thursday in New York bankruptcy court, saying it wants to stop a foreclosure sale being forced by its mortgagee lender so the debtor can run a sale process of its own.
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August 01, 2025
Alaskan Tribe's Breach Claim Axed In Gold Mine Permit Fight
An Alaska judge threw out a breach of trust claim against the federal government and a mining company in a challenge to a U.S. Army Corps of Engineers decision to issue a permit for an open gold mine near the Yukon border.
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August 01, 2025
Texas Bill Seeks Permanent Limit For Property Tax Increases
Texas would establish a permanent cap on increases in the appraised value of real property other than residence homesteads for property tax purposes if voters approve a proposed constitutional amendment authorizing the cap, as part of legislation filed in the state House of Representatives.
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August 01, 2025
Most Of Property Co.'s Hailstorm Insurance Fight Tossed
A property investment company can raise nearly none of its claims against its insurer for hailstorm damage from 2019 and 2023, a North Carolina federal court ruled, finding that because claims concerning the 2019 storm are time-barred, those corresponding documents can't support much of the 2023 claims.
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August 01, 2025
4 Mass. Rulings You May Have Missed In July
A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.
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August 01, 2025
Pennsylvania Legislation To Watch For The Rest Of 2025
Legislation working its way through the Pennsylvania Legislature this year includes bids to expand the state's consumer protection law to make it harder for companies to lock customers into automatically renewing subscriptions and for landlords to use software to collaborate with one another to inflate rents. Here are some bills to watch in the latter half of 2025.
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August 01, 2025
Firms Say Lien Discharge Row Was Not Vexatious Litigation
The law firms Neubert Pepe & Monteith PC and Cuddy & Feder LLP told a Connecticut state court they should not have to face a lawsuit from a couple who claim they misused the judicial system to delay payouts from a property owner, arguing that the complaint does not sufficiently allege they engaged in vexatious litigation.
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August 01, 2025
Developer Group Wants Pittsburgh Inclusionary Zoning On Ice
A Pittsburgh trade group has asked a Pennsylvania federal court to temporarily bar enforcement of a zoning ordinance mandating that large multifamily developments include affordable units, after the city's planning department demanded that a member comply with the ordinance.
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July 31, 2025
Tribe Can Join Fight Against 'Alligator Alcatraz,' Judge Says
A Florida federal judge has allowed the Miccosukee Tribe of Indians of Florida to intervene in a lawsuit filed by green groups against the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades after the tribe argued the facility poses a direct threat to its livelihood.
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July 31, 2025
Casino Developer Must Stay In Involuntary Ch. 7, Judge Finds
A Delaware bankruptcy judge has refused to throw out or convert the involuntary Chapter 7 proceedings launched against the onetime hopeful developer of a casino in Mississippi, concluding the creditors that forced it into bankruptcy did not act in bad faith.
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July 31, 2025
Latham & Watkins Signs New Manhattan Office Lease
Latham & Watkins LLP expanded its presence in midtown Manhattan by signing a 12-year lease for 12,000 square feet on two whole floors in RXR's building at 1285 Avenue of the Americas, RXR announced Thursday.
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July 31, 2025
NC Homebuyer Says Mortgage Co. Sent Kickbacks To Broker
A homebuyer has accused a Raleigh, North Carolina, brokerage of taking kickbacks to refer borrowers exclusively to mortgage origination company CrossCountry Mortgage under a secret arrangement by executives of the two businesses, according to a complaint filed in federal court.
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July 31, 2025
Home Sellers Defend $110M In Broker Fee Deals To 8th Circ.
Home sellers are defending $110 million in settlements cut with several real estate brokerages in the sprawling litigation targeting the National Association of Realtors' broker commission rules from objections in a series of Eighth Circuit appeals.
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July 31, 2025
Judge Questions Gov't Objection To Shielding FEMA Funds
A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.
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July 31, 2025
Energy Co. Tells 4th Circ. Land Access Needed For Power Line
A Public Service Energy Group unit trying to build a 67-mile transmission line in Maryland asked the Fourth Circuit to deny property owners' bid to keep it off their lands, arguing it has a right to complete surveys needed for regulatory approvals.
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July 30, 2025
NY Woman Cops To $30M Scam That Used Trump Event As Bait
A New York woman pled guilty Wednesday to conspiring to defraud investors out of more than $30 million in a real estate fraud and illicit campaign finance scheme, which included using illegal foreign political donations to access a fundraiser for President Donald Trump to woo investors.
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July 30, 2025
2nd Circ. Backs Live Well Founder's Bond Fraud Convictions
The Second Circuit affirmed convictions for Live Well's founder for inducing lenders to extend credit by jacking up bond valuations to increase its debt and borrow against it, ruling Wednesday jurors had enough evidence to determine he misrepresented the value of collateral to secure loans and did so with fraudulent intent.
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July 30, 2025
U.S. Co. Defends $1B Suit Over Nixed LNG Facility In Canada
A U.S. company making a $1 billion claim against Canada over a stymied liquefied natural gas facility in Québec is urging an international tribunal not to toss the case on jurisdictional grounds, saying the country's objections are without merit.
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July 30, 2025
Newmark Seeks Del. Nod For Ex-Broker Equity Sanctions
Global commercial real estate giant Newmark Holdings Inc. has sued for a Delaware Court of Chancery declaratory judgment confirming cancellation of cash, stock or restricted shares potentially earned by a Midwest contractor and his company, alleging secret handoffs of prospects and deals to a competitor.
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July 30, 2025
Calif. Tribe Says 70-Acre Casino Land Fight Must Continue
The Federated Indians of Graton Rancheria are fighting a bid by a fellow California tribe to pause their challenge to the U.S. Department of the Interior's decision to take 70 acres into trust for a casino project while a sovereign immunity order is appealed to the Ninth Circuit.
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July 30, 2025
Davis Polk, King & Spalding Build $2.35B AccuLynx Sale
Data analytics and technology company Verisk, advised by Davis Polk & Wardwell LLP, on Wednesday announced plans to acquire software-as-a-service company AccuLynx, led by King & Spalding LLP, in a $2.35 billion cash deal.
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July 30, 2025
Wash. Condo Group Seeks $10M In Water Damage Coverage
A condominium association said its Country Financial insurers must provide coverage for an estimated $10.4 million in hidden water damage, telling a Washington federal court the insurers have failed to make a coverage determination in the two years since the association submitted its damage claim.
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July 30, 2025
Truist Triggered Employee Exodus, Not Ex-Execs, Court Told
Three former executives who helmed the real estate finance arm of Truist Financial Corp. and their new employer are seeking a pretrial win in the bank's poaching case, telling a North Carolina state court judge they aren't to blame for Truist's alleged bad business decisions.
Expert Analysis
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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5 Antitrust Issues For In-House Counsel In 2025
Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
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Timeline Considerations For Boston's New RE Review Process
Boston's newly reimagined large real estate project review process, featuring early community engagement, holds impacts for project timelines that land use counsel must account for when guiding developers through approvals, says David Linhart at Goulston & Storrs.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Conducting A 'Reasonably Expected Market Area' Analysis
Regardless of whether the incoming administration scales back on redlining examinations and investigations, lenders should take steps to understand how regulators define "reasonably expected market areas," and how to conduct analyses of such areas, say attorneys at Mitchell Sandler.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.