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Real Estate
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April 14, 2025
Greystar Faces Consolidation Of Colo. Tenant 'Junk Fee' Suits
A Colorado multidistrict litigation panel on Monday recommended consolidating four tenant class actions against the property management company Greystar before a single state court, following a hearing where tenants argued that allowing the "junk fee" cases to proceed separately could draw conflicting court decisions.
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April 14, 2025
Fairstead, Ex-Partner Clash Over Del. Arbitration Findings
Attorneys for housing giant Fairstead Capital Management and FCM Affordable and a former partner are battling over an arbitrator's conclusions in a Court of Chancery suit accusing the partner of an attempted hostile takeover of the business, according to court filings late Friday, with millions on the line.
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April 14, 2025
Feds Push To End Alaska Tribe's Gold Mine Permit Challenge
The U.S. Army Corps of Engineers and a gold mine developer are asking a federal court for permission to move for early dismissal of an Alaskan tribe's remaining claim against an open-pit gold mine near the Yukon border, saying its amended lawsuit doesn't fare better than the original.
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April 14, 2025
Conn. Justice Hints Lapsed Policy Row Should Go Before Jury
A jury may need to decide whether a Connecticut insurance agency was duty-bound to tell a couple that their homeowners policy was not renewed ahead of a ruinous fire, a justice of the state's Supreme Court signaled Monday.
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April 14, 2025
10th Circ. Revives Takings Suit Over Colo. Property Law
The Tenth Circuit revived a suit filed by Colorado residents who claimed the state unconstitutionally used its unclaimed-property law to take their properties, finding the residents sufficiently claimed the state failed to provide just compensation.
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April 14, 2025
FTC Joins DOJ In Targeting Anticompetitive Regulations
The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.
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April 14, 2025
Top Court Ruling Dooms Suit Challenging Housing Grant Cuts
A federal judge in Boston on Monday vacated an earlier ruling that had blocked the Trump administration from cutting $30 million in housing anti-discrimination grants, saying a recent U.S. Supreme Court decision in a similar case involving teacher training grants likely strips the court of jurisdiction.
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April 14, 2025
Real Estate-Focused SPAC Prepares For $200M IPO
Special purpose acquisition company Timber Road Acquisition Corp. filed documents on Monday that outlined its plans for a $200 million initial public offering in search of merger targets in real estate and consumer industries, with Reed Smith LLP representing the company and Loeb & Loeb LLP as counsel for an underwriter.
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April 14, 2025
NJ Attorney Must Face Land Dispute Malpractice Suit
A New Jersey state judge has rejected a Fox Rothschild LLP attorney's bid for an early exit from a suit by a pair of sisters accusing him and related parties of malpractice stemming from the mishandling of their late stepfather's estate.
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April 14, 2025
CFPB's Vought Looks To Roll Back 'Weaponized' Guidance
Acting Consumer Financial Protection Bureau Director Russell Vought has called for a crackdown on so-called regulation through guidance at the agency, launching a sweeping review that could cull bulletins, circulars and other advisory materials dating back years.
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April 11, 2025
Real Estate Recap: Private Credit, CMBS, Algorithmic Pricing
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including fresh takes on the rise in private credit, a surge in commercial mortgage-backed securities, and the wave of algorithmic pricing laws in the rental market.
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April 11, 2025
GAO Backs Feds' Setback, Co-Location Terms In Lease Deal
The U.S. Government Accountability Office said the General Services Administration reasonably set colocation and setback requirements in a request for lease proposals to house several agencies in one Wilmington, North Carolina, building, denying a protest that challenged the terms as unnecessary and overly restrictive.
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April 11, 2025
Greystar Says Colo. Tenants 'Manufactured' Consolidation Bid
Greystar told a Colorado panel Friday that tenants seeking to consolidate four putative class actions alleging the property management company charged deceptive fees "manufactured the multidistrict nature" of the litigation, arguing the suits were filed by the same attorneys who could have picked one venue in the first place.
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April 11, 2025
Investor Properly Obtained Tax Liens, Conn. Justices Rule
An investor specializing in tax liens properly obtained assignments from a Connecticut city before seeking to force a social club's property into a foreclosure sale, the state's Supreme Court ruled on Thursday, criticizing how the case unfolded and clarifying a lower ruling that muddied the burden of proof.
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April 11, 2025
Seattle Port Says Housing Project 'Poor Fit' In Industrial Core
The Port of Seattle has gone to court to block a rezoning ordinance that allows nearly 1,000 new residential units near the city's sports stadiums, a project the port said threatens to snarl the nearby movement of cargo from a seaport that is a key driver of the region's economy.
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April 11, 2025
Ga. Law Firm Says Lender's Malpractice Suit Is Doomed
An Atlanta real estate law firm has urged a federal judge to toss a lender's legal malpractice suit alleging the firm bungled the paperwork of a $2 million closing, arguing the lawsuit fails to meet the most basic standard for such a claim — an existing attorney-client relationship.
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April 11, 2025
Greenspoon Marder Promotes 4 Attys To Partner
Full-service law firm Greenspoon Marder LLP promoted four attorneys in different offices to partner roles, the firm announced.
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April 11, 2025
Attorney Owners Of Pot Co. Accused Of $46M RICO Scheme
A Florida-based real estate lender is suing two attorneys with civil rights law firm Loevy & Loevy in New York federal court, alleging they engaged in racketeering in connection with more than $46 million in loans intended to fund cannabis facilities they own in Pennsylvania and New Jersey.
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April 11, 2025
Philly Dispensary's $24.5M Award Upheld In Fraud Suit
A Philadelphia state court judge stood by her decision to award $24.5 million to the co-owner of a medical marijuana company who alleged her partners defrauded her by convincing her to reduce her ownership stake in the company without telling her it was up for sale, noting the trial court wasn't empowered to modify a money calculation it didn't make.
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April 11, 2025
Lloyd's Sues Aramark To Recoup $5M Payout To NJ University
Lloyd's London has sued Aramark to recoup a $5 million payout the insurer made on a policy held by a New Jersey university, alleging the facilities management company was responsible for water damage to one of the college's properties in Jersey City.
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April 11, 2025
Adler & Stachenfeld Hires Ex-Developer Counsel As Partner
New York real estate firm Adler & Stachenfeld LLP announced Friday that commercial real estate attorney Ryan McCaffrey will join the firm as a partner after most recently serving as in-house counsel for a developer for more than a decade.
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April 11, 2025
Landlords Look To Exit DOJ's RealPage Antitrust Case
The residential building owners accused by federal and state enforcers of violating antitrust law through their use of RealPage's software to set rental prices told a North Carolina federal court it's not against the law for companies to use the same software.
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April 11, 2025
Texas Justices Uphold City's Wastewater Release Permit
A Central Texas city can move forward with its treated wastewater discharge operations, the Texas Supreme Court ruled Friday, rejecting a challenge to an environmental permit that was based on an increase in dissolved oxygen in a nearby stream.
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April 11, 2025
Outlet Chain Says NC Court Ruling Allows COVID Coverage
A retail outlet chain asked a North Carolina state court to find it had coverage for more than $50 million in pandemic losses, citing a recent state Supreme Court ruling holding that the insuring phrase "direct physical loss" included loss of property use due to COVID-19 public health orders.
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April 11, 2025
Another Calif. Tribe Files Suit Over $700M Casino Project
A California Native American tribe alleged in District of Columbia federal court that the federal government unlawfully placed land in a trust and approved a $700 million, 160-acre casino resort project that was proposed by another California tribe.
Expert Analysis
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Opinion
Rental Price-Fixing Suit Against RealPage Doesn't Add Up
Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Colorful Lessons From NYC's Emotional Support Parrot Suit
A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Consider Best Legal Practices For Commissioning Public Art
Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.