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September 02, 2025
Okla. Tribe Launches Campaign Against 'Secret' Rights Attack
The United Keetoowah Band of Cherokee Indians in Oklahoma said it has kicked off a campaign to oppose "secret" legislative language by a U.S. senator seeking to terminate rights to trust land and economic development that the tribe shares with the Cherokee Nation.
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September 02, 2025
5th Circ. Says Firm Is Making 'Circular Problem' In Doc Dispute
A Fifth Circuit panel pushed back Tuesday on a law firm's assertion that it gets to keep documents associated with a $30 million settlement with Ocwen Financial Corp. even though those documents were allegedly used to breach the settlement agreement, saying they were making a circular argument.
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September 02, 2025
11th Circ. Affirms Slashing Ex-Braves' $47M Easement Break
A $47 million conservation easement deduction for a partnership founded by two former Atlanta Braves players was overvalued, the Eleventh Circuit affirmed Tuesday, saying none of the partnership's arguments undermined the U.S. Tax Court's finding that the easement property was worth far less than it claimed.
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September 02, 2025
Colo. Court Blocks Vote To End Vail Condo Association
A Colorado state court forestalled a real estate developer's immediate efforts to terminate a Vail condo association, amid residents' claims that the developer had unilaterally terminated agreements promising them units in a luxury residential project in exchange for their support for the project.
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September 02, 2025
Simpson Thacher Guides Blackstone's $5.5B Fund
Blackstone announced Tuesday that it has closed on its latest infrastructure secondaries fund guided by Simpson Thacher & Bartlett LLP after raising $5.5 billion, noting that it is the largest such fund in the world raised to date.
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September 02, 2025
Texas Mall Settles $7.3M Hailstorm Coverage Dispute
A Texas shopping center owner told a federal court Tuesday that it has "amicably" settled its dispute with insurers for roughly $7.3 million in hail damage it incurred, roughly three months after it took them to court.
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September 02, 2025
Counterfeit Lumber Dispute Settles On Eve Of Trial
The American Association for Laboratory Accreditation averted trial at the 11th hour on Tuesday, settling a suit by a domestic plywood association over a purported counterfeiting scam allegedly allowing large amounts of substandard Brazilian plywood to enter the U.S.
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September 02, 2025
Colorado Pipeline Co. Challenges $314M Property Valuation
Colorado assets of a petroleum pipeline company were wrongly valued by the state for property tax purposes at $314 million, the company said, challenging its valuation for at least the third straight year.
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September 02, 2025
CoStar Hotel Reports Lack Data For Price-Fixing, Judge Says
CoStar and a group of hotel companies escaped from a putative antitrust class action when a Washington federal judge drew a distinction between the use of hotel industry benchmarking data and algorithmic rental pricing software of the sort at issue in litigation against Yardi Systems Inc.
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September 02, 2025
NJ Judge Tosses REIT Shareholders' Liquidation Suit
A New Jersey federal judge has rejected a proposed class action filed by shareholders accusing several real estate investment trusts and other parties of misleading them in order to avoid liquidating the REITs, ruling the claims must be thrown out without prejudice.
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August 29, 2025
DC Judge Says Fed. Reserve Gov. Can't Get TRO Just Yet
Federal Reserve Board Governor Lisa Cook didn't walk away from her emergency hearing with the temporary restraining order she was looking for, but a D.C. federal judge said she was willing to expedite briefing over the president's attempt to strip Cook of her position.
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August 29, 2025
Ga. County Stuck With $2.6M Spaceport Bill After Referendum
A Georgia county remains on the hook for $2.6 million it put down on land it purchased from a Dow Chemical Co. subsidiary in the hopes of building a spaceport before irate citizens killed the effort in a referendum, the Eleventh Circuit said Friday, ruling that the vote couldn't retroactively void the county's contractual obligations.
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August 29, 2025
Dems Urge FHFA Director To Focus On Housing Costs
Democratic senators on Friday urged Federal Housing Finance Agency Director William Pulte to focus on measures to bring housing costs down — including by forestalling any privatization of Fannie Mae and Freddie Mac — while lambasting Pulte for his role in the firing of Federal Reserve Gov. Lisa Cook.
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August 29, 2025
NY Tribe Wants Smoke Shop Sanctioned For Flaking On Records
Two smoke shop operators will be slapped with sanctions unless they come up with good reasons for why they disregarded a New York federal court order requiring them to turn over cannabis sales records to the Cayuga Nation in their legal battle with the tribe.
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August 29, 2025
Real Estate Recap: School Housing, Texas Land, Miami Transit
Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.
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August 29, 2025
Justices Urged To Take Home Designer's Copyright Case
A home designer wants the U.S. Supreme Court to take up his challenge to rulings that let real estate agents off the hook on claims they infringed his copyrights, saying the justices should reexamine the lower courts' analysis of fair use.
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August 29, 2025
Emigrant Seeks High Court Review Of 'Reverse Redlining' Suit
Emigrant Mortgage Co. has asked the U.S. Supreme Court to review a Second Circuit decision upholding a jury verdict that found the company engaged in "reverse redlining" by targeting Black and Latino homeowners with predatory loans, arguing the appeals court broke with other circuits and made it too easy for borrowers to sue and prove disparate impact.
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August 29, 2025
NJ Casinos Say 9th Circ. Ruling Backs Axing Price-Fixing Suit
A group of Atlantic City casino-hotel owners have asked the Third Circuit to review a recent decision in the Ninth Circuit involving "nearly identical" antitrust claims related to the same software the defendants in both suits used to allegedly orchestrate inflated room rates across a given area.
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August 29, 2025
Tribe Says Okla. City Can't Avoid Sovereignty Suit
The Muscogee (Creek) Nation told an Oklahoma federal court to reject a local city's bid to dismiss the Indian nation's suit accusing the city of violating the nation's sovereignty by prosecuting Indians for crimes committed within the nation's territory.
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August 29, 2025
Hurricane Maria Fraud Suit Against Adjuster Thrown Out
A Puerto Rico federal court tossed an insurer's lawsuit against a public adjuster alleging it inflated its calculation of damage that a Puerto Rico town suffered from Hurricane Maria in 2017, finding the lawsuit amounts to "overly broad claims of dissatisfaction with the opposing party's conduct during the insurance claim process."
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August 29, 2025
RICO, Fraud Claims Tossed In LA Real Estate Investment Suit
A Georgia federal court has determined that fraud and racketeering claims from a group of Chinese and American investors in a real estate investment suit alleging a group of fraudsters duped them out of millions of dollars with bogus representations are barred by merger clauses and federal securities regulations.
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August 29, 2025
7th Circ. Backs $4.5M Fraudster's 8-Year Prison Sentence
A real estate investment firm owner who transferred investor money to his friends' companies without permission and advertised to his own less-educated Amish community was properly sentenced to eight years in prison, the Seventh Circuit has ruled.
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August 29, 2025
NY Town Officials Let Mosque Land-Use Deal Fizzle
A Long Island town has backed out of a settlement with a mosque that had accused local officials of leaning on land-use laws to thwart its redevelopment plans, an about-face the town blamed on traffic concerns but the mosque has attributed to public backlash.
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August 29, 2025
NY Tenants Claim Cos. Hiked Rents, Abused Tax Exemption
A multifamily real estate company and a property owner were accused by a proposed class in New York state court of illegally raising rents for Long Island City residential tenants by taking advantage of the state's 421-a tax-exemption program.
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August 29, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Prosecco DOC Consortium bring an intellectual property claim against a distributor, the Serious Fraud Office bring a civil recovery claim against the ex-wife of a solicitor jailed over a £19.5 million fraud scheme, and law firm Joseph Hage Aaronson & Bremen LLP sue its former client, the bankrupt Indian tycoon Vijay Mallya. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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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.
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Illuminating The Trend Of Florida's Unpaid Hurricane Claims
The sheer number of insurance claims closed without payment for damage caused by Hurricanes Milton and Helene reveals a systemic problem within Florida's insurance industry exacerbated by complex issues, including climate change and state regulators' resource limitations, say attorneys at Farah & Farah.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.