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Real Estate
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June 11, 2025
Mandarin Can Get Reserves, Reinsurance Info In COVID Row
"All risks" property insurers for Mandarin Oriental Inc. must turn over documents related to their reinsurance and reserves to the luxury hotel chain, which claims it incurred over $223 million in business interruption losses from the COVID-19 pandemic, a New York federal court ruled.
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June 11, 2025
JPMorgan Says It Was 'Victim' In $481M CMBS Loan Deal
JPMorgan Chase Bank has urged a New York federal court to toss a claim in a lawsuit Wells Fargo brought against it over a defaulted $481 million commercial real estate loan that JPMorgan originated and securitized, arguing it was actually "the victim" of a criminal scheme in which its borrowers "inflated" financial figures for a portfolio of 43 multifamily properties.
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June 11, 2025
DOJ Seeks Green Light For Landlord Deal In RealPage Suit
The federal government has asked a North Carolina federal judge to sign off on a consent decree reached with landlord Cortland Management LLC in antitrust litigation targeting RealPage Inc. and the landlords it alleges used the company's software to collude on rental prices.
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June 11, 2025
Firms Plug $190M Into Luxury Hospitality Biz Cipriani
Private equity firm Beach Point Capital Management LP, advised by Sidley Austin LLP, and multistrategy investment manager Sparta Capital Management Ltd. on Wednesday announced that they have agreed to provide a $190 million financing loan to luxury hospitality company Cipriani, led by Paul Hastings LLP, to support its growth.
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June 11, 2025
Trade Groups Revive Suit Over Colo., Denver Efficiency Rules
A collection of trade groups renewed their arguments in Colorado federal court against rules set by the state and city of Denver establishing energy efficiency standards for buildings and limiting the use of natural gas appliances after the policies underwent a recent revision.
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June 11, 2025
Ares Wraps Inaugural $2.4B Japanese Data Center Fund
Private equity giant Ares Management Corp. said Wednesday that it wrapped its first fund dedicated to data center investment and development after securing $2.4 billion of investor commitments.
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June 11, 2025
Latham, Skadden-Led Insurer Joins IPO Wave With $113M IPO
Small business-focused excess and surplus insurer Ategrity Specialty Holdings LLC began trading Wednesday after pricing a $113 million initial public offering above its marketed range, represented by Latham & Watkins LLP and underwriters Skadden Arps Slate Meagher & Flom LLP, as more insurance firms tap public markets.
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June 10, 2025
Fla. Fraud Suit Cited In Threat To $300M Project's Ch. 11 Plan
The debtors of a $300 million real estate development in Florida cited challenges in working through its Chapter 11 case on Tuesday, telling a federal bankruptcy judge that an insurance heiress's state court lawsuit against her former financial adviser threatens to derail a restructuring plan.
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June 10, 2025
9th Circ. Revives Real Estate Investor Securities Suit, Again
The Ninth Circuit on Tuesday once again revived a proposed securities class action accusing investment guru Grant Cardone of making misleading social media statements to sell interests in his companies' real estate investment funds, holding, among other findings, that the complaint sufficiently alleged Cardone "subjectively disbelieved" certain stated projections.
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June 10, 2025
Senate Dems Seek To Slow GOP Roll On CFPB Defunding Bill
Senate Banking Committee Democrats are demanding a hearing on GOP budget legislation that would defund the Consumer Financial Protection Bureau and make other financial agency cuts, arguing that its "sweeping" plans should be scrutinized before going to the floor.
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June 10, 2025
Brokerage Firm Fired CFO For Starting Family, She Tells Court
A cloud-based real estate brokerage firm's former chief financial officer was unfairly accused of racking up $17,000 in personal expenses on a company card to justify her termination after her maternity leave ended, she told a New York federal court Tuesday.
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June 10, 2025
Jury Awards $28M In Latest PacifiCorp Wildfire Trial
Oregonians, including a photographer and a charter boat operator, were awarded $27.97 million in noneconomic damages in the latest trial against utility PacifiCorp over wildfire damage, much less than the amount requested for the 10 plaintiffs.
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June 10, 2025
Judge Denies Calif. Tribe's Bid To Restore Gaming Eligibility
A D.C. federal judge Tuesday declined to reinstate a California tribe's gaming eligibility for a casino-resort project in the San Francisco Bay Area while the U.S. Department of the Interior reassesses its approval, ruling that the tribe hasn't shown it would be imminently harmed by the eligibility suspension.
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June 10, 2025
Power Co. Asks Justices To Settle Split In Tribal Tax Dispute
Arizona courts were wrong to rule that an energy company located on tribal land is subject to property taxes, the company told the U.S. Supreme Court on Tuesday, urging it to address an "intolerable" state-federal split.
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June 10, 2025
Tribes' Effort To Overturn Ore. Casino Land Decision Halted
A D.C. federal court judge hit pause on a bid by three tribes to vacate the U.S. Department of the Interior's final determination and environmental impact statement in a dispute over the agency's decision to take land into trust for Oregon's Coquille Indian Tribe for a proposed casino project.
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June 10, 2025
LA Real Estate Agent Admits Obstructing IRS
A Los Angeles commercial real estate broker pled guilty to obstructing the Internal Revenue Service's attempts to collect thousands of dollars in unpaid taxes by willfully hiding his income and assets from the agency, the U.S. Department of Justice announced Tuesday.
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June 10, 2025
Willkie Partner Wants To 'Chill' Media Contact, Conn. Atty Says
A Willkie Farr & Gallagher LLP partner and his wife are pursuing a federal lawsuit based on speculative allegations and trying to "chill" the First Amendment rights of a Connecticut attorney who represented their ex-landlord and leaked a story about them to the New York Post, the defendant is arguing in seeking judgment in his favor.
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June 10, 2025
Insurer Seeks Exit From Missouri Tree-Cutting Dispute
An insurer that separately insured a farm and a man accused by the farm of trespassing on its property and cutting down "valuable trees" told a Missouri federal court it should owe no coverage to the man, pointing to an exclusion for damage to vegetation.
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June 10, 2025
Crane Owner Seeks To Shift Blame In Fatal Fla. Collapse
A Florida judge on Tuesday allowed Maxim Crane Works to try to shift blame to a fellow contractor facing a lawsuit over a crane collapse in downtown Fort Lauderdale that killed a worker and injured at least two other people.
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June 10, 2025
Davis Wright Guides Bluespring Deal Creating $1.4B Firm
Bluespring Wealth Partners, advised by Davis Wright Tremaine LLP, announced Tuesday it will buy a Texas-based wealth management firm affiliated with Kestra Financial and then merge it into its existing wealth management platform, LifeBridge Financial Group, establishing an investment advisory firm with $1.4 billion in assets under management.
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June 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery showed new resistance to suits alleging corporate weaponizing of advance notice bylaws, and a new report highlighted the high fees that attorneys are cashing in on in Delaware courts compared to the federal court system. Several new suits were also filed concerning allegedly under- or overvalued sales and acquisitions being pushed through.
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June 10, 2025
Biopharma Co. Unit Hopes To Shed Empty Facilities In Ch. 11
A subsidiary of biopharmaceutical manufacturer National Resilience Holdco Inc. filed for Chapter 11 protection Tuesday in Delaware bankruptcy court with a reorganization plan involving shutting down offices, manufacturing sites and labs it described as "underutilized."
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June 09, 2025
OCC Rebuffs State Bankers' Call To Rescind Preemption Rules
The Office of the Comptroller of the Currency said Monday that it is standing by its regulations that purport to exempt banks it oversees from a swath of state-law limitations, swatting down a request from state regulators that want these rules overturned.
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June 09, 2025
Mexico Fights $47M Award, Claims Treaty Misinterpreted
Mexico has urged the D.C. Circuit to overturn a lower court order instructing it to pay a $47 million arbitral award issued to a Canadian lender after Mexican courts failed to halt a purportedly fraudulent scheme that caused the cancellation of loans for three real estate development projects.
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June 09, 2025
8th Circ. Affirms Travelers Doesn't Owe $1.4M For Wall Failure
A Missouri property developer can't recover from Travelers $1.4 million for lost rental income and soft costs after a retaining wall failure caused delays at an apartment construction project, the Eighth Circuit ruled Monday.
Expert Analysis
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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As EPA Backs Down, Expect Enviros To Step Up Citizen Suits
As President Donald Trump's U.S. Environmental Protection Agency draws down federal enforcement efforts, environmental groups will step into the void and file citizen suits — so companies should focus on compliance efforts, stay savvy about emerging analytical and monitoring methods, and maintain good relations with neighbors, say attorneys at Beveridge & Diamond.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Emphasize Social Spaces During RE Project Public Review
As Boston continues to work through revisions to its public review process for real estate projects, developers attempting to balance impact mitigation and community improvements may benefit from emphasizing the ways in which development plans can facilitate open social exchange, says David Linhart at Goulston & Storrs.
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Complying With Calif. Price-Gouging Law After LA Fires
The recent tragic Los Angeles fires have brought attention to the state's sometimes controversial price-gouging protections, and every California business should keep the law's requirements in mind, despite the debate over whether these statutes help consumers, say attorneys at Cooley.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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What Contractors Can Do To Address Material Cost Increases
In light of the Trump administration's plans to increase tariffs on Mexico, Canada and China, construction industry players should proactively employ legal strategies to mitigate the impacts that price increases and uncertainty may have on projects, says Brenda Radmacher at Seyfarth Shaw.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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A View Of The Shifting Insurance Regulatory Landscape
Attorneys at Eversheds Sutherland explore how the Federal Insurance Office's climate report, the new presidential administration and the California wildfires might affect the insurance regulatory landscape.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.