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Real Estate
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October 29, 2025
9th Circ. Upholds Insurer's Win Over Retaining Wall Failure
The Ninth Circuit upheld a Washington federal court's no-coverage decision over a contractor's $2.66 million settlement relating to faulty retaining walls it constructed, agreeing Wednesday that a "sudden and accidental" exception in an "impaired property" exclusion did not apply to reinstate coverage for one wall that had failed.
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October 29, 2025
Warburg, Madison International Unveil $300M RE Initiative
Private equity firm Warburg Pincus announced Wednesday that it has teamed up with real estate investment firm Madison International Realty to create a $300 million initiative that aims to use "liquidity solutions" to invest in discounted residential, industrial, cold storage and data center properties, among others.Â
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October 29, 2025
Wells Fargo Agrees To Trim $481M Loan Suit Against JPMorgan
Wells Fargo, JPMorgan Chase & Co., New York City developer Meyer Chetrit and other parties submitted a proposed agreement that will get rid of most of Wells Fargo's nine-count suit accusing JPMorgan and the others in New York federal court of being liable for a $481 million mortgage loan deal that caused "tens of millions of dollars in losses."
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October 29, 2025
Halligan Defends Exchange With Reporter Flagged By James
Federal prosecutors argued that special media restrictions aren't needed in their case against New York Attorney General Letitia James, after her lawyers called out U.S. Attorney Lindsey Halligan's texts to a reporter in a filing last week and asked the court for an order barring further media communications.
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October 29, 2025
7th Circ. Skeptical Of Bid To Toss Ex-Atty's Bribery Conviction
Judges on a Seventh Circuit panel appeared doubtful Wednesday of a former attorney's contention that he never bribed ex-Chicago Alderman Ed Burke and was merely seeking to hire him for a legal matter.
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October 29, 2025
Trial Evidence Backs Tossed Claims, Ex-Housing Worker Says
A former coordinator for the public housing authority in Charlotte, North Carolina, who won a $2.34 million verdict against her one-time employer for negligently retaining a supervisor who created a hostile work environment is looking to revive a host of claims that a federal judge threw out before the trial.
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October 28, 2025
Law Firm Countersues Lender In Battle Over Fraudulent Loan
A North Carolina law firm hit back Tuesday against a mortgage lender's professional negligence suit over a $510,000 loan a borrower alleged was fraudulent, arguing in a countersuit that the lender failed to properly verify the identities of the purported borrowers.
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October 28, 2025
New Frank's Landing Council Asks To Halt State Court Actions
Newly appointed council members of a self-governing dependent Native American community, who sued a Washington court clerk to stop her from asserting jurisdiction in an underlying lawsuit about supervision of a school in Indian Country, asked a federal judge to order her to cease performing ministerial duties for now.
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October 28, 2025
Insurers Can't Avoid Tanger's COVID Coverage Suit In NC
Two insurers can't avoid Tanger Outlets' lawsuit seeking coverage for more than $50 million in pandemic losses, North Carolina's business court ruled, finding the retail outlet chain sufficiently connected its insured interests to its operations in North Carolina.
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October 28, 2025
Romania Pushes €2B Claim Over Stymied Bucharest Project
A property developer is facing a €2 billion ($2.3 billion) claim asserted by Romania in a London Court of International Arbitration proceeding relating to an ill-fated shopping and entertainment center project in central Bucharest.
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October 28, 2025
Trump Admin Ordered To Halt Some Shutdown-Linked Layoffs
A California federal judge on Tuesday granted a preliminary injunction to eight unions for federal workers who lost their jobs during the government shutdown, saying they were likely to succeed on their claims that the Trump administration's actions were "political retribution" and unlawful.
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October 28, 2025
3 Firms Guide Apex Treasury's $300M Blockchain, Crypto IPO
Special purpose acquisition company Apex Treasury Corp., guided by Perkins Coie LLP and Appleby (Cayman) Ltd., has completed a $300 million blockchain and cryptocurrency-focused initial public offering, which was supported by Pillsbury Winthrop Shaw Pittman LLP-led underwriters.
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October 28, 2025
NJ Appellate Court Won't Revive Legal Malpractice Dispute
A New Jersey appellate court upheld a trial court's dismissal of a legal malpractice suit stemming from a 1995 commercial property deal, finding Tuesday that the property owners failed to turn over complete discovery responses for nearly two years.
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October 28, 2025
Greenberg Traurig Guides JV's Outpatient Portfolio Buy
A Remedy Medical Properties and Kayne Anderson Real Estate joint venture, guided by Greenberg Traurig LLP, has become the top outpatient medical properties owner in the U.S. after it acquired an 18 million-square-foot, 296-property portfolio of outpatient medical facilities from real estate investment trust Welltower.Â
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October 28, 2025
NM Appeals Court Tosses Challenge To Santa Fe Mansion Tax
New Mexico real estate agents who contend that Santa Fe's recently adopted 3% tax on home sales over a million dollars is unlawful don't have standing to challenge the ordinance, a state appeals court said in a dismissal.
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October 28, 2025
Raleigh Urges NC Justices To Stop 'Windfall' For Developers
Without reversal of a trial court's class certification order, a lawsuit seeking refunds for fees levied to hook up to Raleigh's water and sewer system will result in duplicative "windfall" payments and spinoff litigation, the North Carolina Supreme Court was told Tuesday.
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October 28, 2025
Pa. Homeowners Ask Justices To Revive Toll Bros. Suit
A group of 37 Pennsylvania homeowners urged the state's high court to revive their construction defects claims against major homebuilder Toll Brothers Inc. and its subsidiaries, arguing that an arbitrator wrongfully tossed their claims without conducting an evidentiary hearing.
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October 28, 2025
US Partners With Westinghouse For $80B Nuke Plant Buildout
The Trump administration on Tuesday announced it will partner with nuclear technology manufacturer Westinghouse Electric Co. to build at least $80 billion worth of new reactors in the U.S. to support and accelerate the development of data centers and artificial intelligence.
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October 27, 2025
Cannabis Co. Breached $6M Lease, Mich. Panel Affirms
A cannabis retail chain is on the hook for a $52,500-a-month lease for a facility that was never used, a Michigan appeals court ruled Friday, saying that the contract for the space was still valid even if the company's plans to pair with a larger multistate cultivator fell through.
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October 27, 2025
Title Insurer Avoids Coverage For Road Ownership Dispute
A property owner's title insurer owes no coverage for an underlying quiet title action over ownership of a private road between two separate properties, a New York federal court ruled, finding coverage exceptions in two policies relating to the rights of parties "in possession" were applicable.
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October 27, 2025
AGs Call Landlord Deals In RealPage MDL 'Weak'
A quartet of state attorneys general urged a Tennessee federal judge to hold off on approving $141.8 million in class settlements resolving claims that major landlords used RealPage to fix rent prices, arguing the "weak injunctive terms" and "meager monetary relief" interferes with their own cases.
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October 27, 2025
Ex-Conn. Housing Chief's Brother Says Payments Were Legit
The brother of the former executive director of a Connecticut municipal housing authority denied the authority's claims against him in a sprawling fraud lawsuit, saying payments made to his companies as part of the targeted transactions at issue were legitimate.
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October 27, 2025
Feds Fight Union Bid To Protect Jobs During Gov't Shutdown
The Trump administration is fighting a group of unions' request for a California federal judge to block the government from laying off federal workers during the shutdown, saying the injunction request from eight unions is far too broad.
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October 27, 2025
LA Property Owner Can't Get Extra $2.1M For Fire Claim
An insurer needn't pay an additional $2.1 million in coverage to the owner of a Los Angeles property that was damaged in a fire, a California federal court ruled Monday, finding the insurer already paid all benefits due under the policy.
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October 27, 2025
Developer Says Calif. Law Targets Its Santa Barbara Project
The developer behind a housing project in Santa Barbara, California, sued the city and state in federal court, claiming a new state law is unconstitutional because it unfairly singles out its development for additional review under the California Environmental Quality Act.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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New NY Residential Real Estate Rules May Be Overbroad
New legislation imposing a 90-day-waiting period and tax deduction restrictions on certain New York real estate investors may have broad effects and unintended consequences, creating impediments for a wide range of corporate and other transactions, says Libin Zhang at Fried Frank.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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What Developers Can Glean From Miami Condo Ruling
A Florida state appeals court's recent denial of a Miami condo redevelopment bid offers a detailed blueprint of what future developers must address when they evaluate the condominium's governing declaration and seek to terminate a condominium, say attorneys at Shubin Law.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Utilizing Rep And Warranties Insurance In CRE Transactions
With insurance and commercial real estate legal trends suggesting that representations and warranties insurance is likely to grow substantially in the next several years, CRE buyers and sellers should learn how such insurance can help resolve conflicting positions during transaction negotiations, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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CEQA Reform May Spur More Housing, But Devil Is In Details
A recently enacted law reforming the California Environmental Quality Act has been touted by state leaders as a fix for the state's housing crisis — but provisions including a new theoretically optional traffic mitigation fee could offset any potential benefits, says attorney David Smith.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Recent Decisions Caution Against Broad Indemnity Provisions
Two recent decisions in disparate jurisdictions are reminders that businesses and practitioners should be mindful of contractual indemnity rights and draft indemnity provisions that enhance the predictability of enforceability without being overly broad, says Gregory Jaske at Olshan Frome.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.