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Real Estate
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June 17, 2025
AIG Unit, Air Co. Seek Quick Wins In Herbicide Damage Row
An air services company told a New York federal court that an AIG unit must provide general liability coverage for a lawsuit seeking nearly $2.5 million for grass damage from herbicides, while the unit countered that neither company's general liability policy nor specialty "aerial applicator" policy applies.
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June 17, 2025
Ex-Yankee Makes Final Pitch To Jury In Moldy Mansion Suit
A retired New York Yankees third baseman incurred hundreds of thousands of dollars in costs after he rented a Connecticut mansion that turned out to have a mold problem, and his landlord should pay up after failing to act quickly, his attorney told a federal jury in Hartford on Tuesday.
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June 17, 2025
Energy Co. Says Lease Differences Undermine Class Cert. Bid
A proposed class of XTO Energy Inc. lease holders have claimed they were uniformly overcharged for gathering and processing gas from their properties, but experts for the energy company testified Tuesday that their leases were too different to be certified as a class, and there was no better bargain available for the services.
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June 17, 2025
SilverRock's $60M Ch. 11 Stalking Horse Bid Gets Green Light
Acknowledging property owner and creditor valuation objections and unsettled claims, a Delaware bankruptcy judge on Tuesday approved a $60 million stalking horse offer intended to jumpstart bidding for a 134-acre tract southeast of Los Angeles that was once part of a resort development plan.
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June 17, 2025
Cannabis REIT Reckless To Claim Due Diligence, 3rd Circ. Told
Investors in a cannabis-focused real estate investment trust urged the Third Circuit on Tuesday to revive their proposed class action alleging it violated securities laws by ignoring information about a tenant, saying it was reckless to have claimed it conducted due diligence when it knew it did not.
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June 17, 2025
Baker Tilly Hit With Investor Suit Over Failed LA Projects
Two investors have sued accounting firm Baker Tilly US LLP, its subsidiary Squar Milner LLP, a Los Angeles developer and others in California state court, accusing them of deceiving the investors on a pair of real estate projects that ultimately failed.
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June 17, 2025
Ill. Increases Sports Betting, Tobacco Tax And Taxes Airbnbs
Illinois increased its tax on sports betting and tobacco products and extended its tax on hotel operators to include short-term rentals like Airbnbs and Vrbos under a budget bill approved by the governor.
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June 17, 2025
1st Circ. Says Ex-Santander Loan Officer Can't Bypass ERISA
A former high-earning mortgage development officer for Santander Bank cannot attempt an "end run" around the Employee Retirement Income Security Act by pursuing civil claims under Rhode Island state law over her 2022 firing, a First Circuit panel has ruled.
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June 17, 2025
Insurer Can't Force Another To Cover Worker Injury Suit
An insurer cannot force another to defend a property owner in an underlying worker injury lawsuit through the doctrine of equitable estoppel after both insurers ultimately agreed the policy in question isn't triggered, a New York federal court ruled, finding the policy unambiguous.
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June 17, 2025
Akin Adds Pair Of M&A, Real Estate Funds Attys In Chicago
Akin Gump Strauss Hauer & Feld LLP announced Tuesday it has brought on two more Mayer Brown LLP attorneys who are based in Chicago.
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June 17, 2025
Florida Judge Awards $487K In Real Estate Fraud Case
A Florida federal judge awarded more than $487,000 to two investors who alleged that they were tricked into providing funds for multiple South Florida real estate projects in a multimillion-dollar real estate fraud scheme.
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June 16, 2025
Fall FARA Trial Set For Ex-NY Gov. Aide As New Charges Loom
A Brooklyn federal judge on Monday set a fall trial date for a former top aide to two New York governors over allegations that she secretly acted as an agent of China's government in the U.S., while prosecutors intend to bring new charges within weeks.
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June 16, 2025
Texas Justices Say Park Repairs Trump Native Religion Claims
A law forbidding Texas from enacting rules to curtail certain religious services does not extend to its preservation and management of publicly owned lands, the state Supreme Court said, weighing in on a Fifth Circuit dispute between Native American church members and the city of San Antonio over access to a local park.
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June 16, 2025
Opendoor Investors Score $39M Deal In Hyped Algorithm Suit
Real estate firm Opendoor Technologies Inc. has agreed to pay $39 million as part of an investor settlement presented to an Arizona federal court for preliminary approval to resolve litigation accusing the company of overhyping its pricing algorithm software.
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June 16, 2025
Colo. Justices Allow Malicious Prosecution Case To Proceed
The Colorado Supreme Court on Monday ruled unanimously that a plaintiff may still have probable cause in a malicious prosecution case even if they were unable to win in the original case at summary judgment.
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June 16, 2025
NJ Judicial Privacy Act Suits Too Fuzzy On Details, Cos. Say
Companies accused by data security firm Atlas Data Privacy Corp. of violating New Jersey's judicial privacy law argued in federal court Monday that the suits should be dismissed because they lack enough facts to carry their claims.
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June 16, 2025
Greenberg Traurig Adds Goodwin Procter Atty In Boston
Greenberg Traurig LLP has hired a Goodwin Procter LLP partner as a shareholder for its Boston real estate team.
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June 16, 2025
Fla. Court OKs Atty Fees To Associations In Rent Control Suit
A Florida state appellate court reinstated a lawsuit brought by real estate groups against a county rent control measure saying they're owed attorney fees and costs as a "collateral legal consequence" of a challenge to a local ordinance that is preempted by state law.
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June 16, 2025
Real Estate Co. Hit With Unwanted-Text Class Action In Ga.
A real estate marketing company and a lead generation business were hit with a proposed class action in Georgia federal court by a woman who alleges they violated the Telephone Consumer Protection Act.
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June 16, 2025
Finance Influencer Admits To Tax Fraud In $20M Ponzi Scheme
An Ohio social media finance influencer pled guilty to wire fraud and abetting a false tax filing tied to a $20 million real estate Ponzi scheme he was operating between 2019 and 2023, the U.S. Department of Justice said.
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June 16, 2025
Hotel Says Zurich Owes $5.1M For Income, Value Losses
A Zurich Insurance Group unit owes over $5.1 million for business income and extra expenses losses and lost property value after a Texas hotel sustained water damage related to vandalism, the hotel owner told an Oregon federal court, saying the insurer covered repair costs but refused to pay for other losses.
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June 16, 2025
4th Circ. Says No Premium Refunds Under Fed. Mortgage Law
A Virginia homeowner cannot recover premiums he'd prepaid for private mortgage insurance under a federal law mandating such insurance for certain borrowers, the Fourth Circuit ruled Monday, finding the Homeowners Protection Act of 1998's premium refund provisions do not extend to voluntary insurance cancellation agreements.
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June 16, 2025
High Court Will Hear Chevron, Exxon Pollution Liability Case
The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.
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June 16, 2025
Walker & Dunlap Closes $135M Real Estate Fund
Real estate private equity shop Walker & Dunlap Investment Partners, advised by Polsinelli PC, on Monday revealed that it wrapped up fundraising for its seventh discretionary fund after securing $135 million from investors.
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June 16, 2025
Wash. AG Sues Over Alleged Exploitation Of Senior Tenants
Washington's attorney general has accused a property management company and the owners of several apartment complexes of deceiving low-income senior tenants by not telling them about the actual quality of properties or about how their rents were going to be calculated or raised.
Expert Analysis
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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.
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Opinion
How Congress Can Stem Consumer Finance Law Uncertainty
In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.