More Real Estate Coverage
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November 28, 2023
Insurer Seeks Exit From U. of Wash. COVID Coverage Suit
A Liberty Mutual insurer is trying to derail a University of Washington lawsuit seeking coverage of hundreds of millions of dollars in pandemic-driven losses and expenses, saying the university is relying on recent state Supreme Court decisions that don't support its theory that its facilities suffered a covered "loss of functionality."
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November 28, 2023
Real Estate Agents Nab Final Approval In $3M OT Deal
A real estate brokerage operator will pay $3 million to end a suit in California federal court alleging it misclassified agents as independent contractors and cheated them out of overtime after a federal judge approved the deal Tuesday.
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November 28, 2023
Norfolk Southern Wants To See Pa. Crossing Suit Derailed
Railroad giant Norfolk Southern urged a Pennsylvania federal court Tuesday to toss a lawsuit alleging its trains block traffic at a grade crossing, claiming that the U.S. solicitor general had argued in a similar case that federal regulation preempts state law in the matter.
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November 28, 2023
Nossaman Atty Rejoins Lewis Brisbois As Enviro Co-Leader
Lewis Brisbois Bisgaard & Smith LLP has welcomed back as a partner an environmental litigator from Nossaman LLP who was previously head of the California Environmental Protection Agency's Department of Toxic Substances Control, the firm said Tuesday.
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November 28, 2023
Akerman Elevates Trio Of Miami Attys To Special Counsel
Akerman LLP has three new special counsel after promoting a trio of Miami attorneys this week.
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November 28, 2023
Australian Solar Energy Firm Raises Range For $45M US IPO
SolarJuice Co. Ltd., an Australian solar equipment provider being spun out of SPI Energy Co. Ltd., on Tuesday raised its fundraising target for its initial public offering to about $45 million, represented by Loeb & Loeb LLP and underwriters counsel Pryor Cashman LLP.
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November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024
Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
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November 28, 2023
The 2023 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
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November 27, 2023
2nd Circ. Remains Mum In Hearing Over Panama Discovery
The Second Circuit did little to tip its hand during oral arguments aimed at resolving whether federal courts can order discovery for arbitration before the International Centre for Settlement of Investment Disputes, asking few questions during a 22-minute hearing concerning controversy over expanding the Panama Canal.
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November 27, 2023
Insurer Seeks $17.4M For Failed La. Dredging Projects
An insurer urged a Louisiana federal court Monday to award it over $17 million in damages following several dredging contractors' alleged abandonment of multiple public utility projects, arguing that the contractors failed to pay it back for bonds it issued under a 2014 indemnity agreement.
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November 27, 2023
NC Church Says Contract Dispute Doesn't Involve Religion
A Wilmington congregation pressed the North Carolina Court of Appeals to review its lawsuit alleging the state's United Methodist Church's governing body schemed to close the local church and take more than $2 million in property, arguing the court doesn't have to wade into religious doctrine to decide on the contract dispute.
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November 27, 2023
Pa. Justices Say Construction Bid Fight Belongs To PennDOT
Pennsylvania may block a construction firm accused of underpaying its workers from bidding on new construction contracts, as the state's Supreme Court ruled that the company must first contest any debarment with the state Department of Transportation before filing suit.
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November 27, 2023
Elliott Slams Crown Castle For 'Profound Lack Of Oversight'
Activist investor Elliott Investment Management LP on Monday took a jab at telecommunications company Crown Castle Inc., saying the company suffers from a "profound lack of oversight" and a "breathtaking magnitude" of underperformance, and calling for an executive shake-up if the company does not make significant changes.
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November 27, 2023
NC County Says Energy Co. Owes $1.6M For Failed Project
A North Carolina county said an energy company didn't follow through on its plan to build a natural gas electric generating facility, despite the county's significant investment in the project.
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November 27, 2023
Mich. Board Stalls On Property Tax Elimination Summary
The Michigan Board of State Canvassers delayed consideration at its Monday meeting of whether a 100-word summary of a proposed constitutional amendment that would eliminate property taxes was sufficient.
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November 27, 2023
Pa. Court Won't Revisit School District's Tax Appeal Policy
After ruling that a school district unevenly targeted high-value properties for assessment appeals and violated Pennsylvania's uniformity clause, the state's Commonwealth Court won't reconsider the case, it said in an order Monday.
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November 22, 2023
With FERC Stalled On Pipeline Policy, Courts Could Show Way
There's little indication that a long-awaited revision of the Federal Energy Regulatory Commission's gas infrastructure approval policy is imminent, which means any further clarity on how the agency should factor climate change into its reviews will likely come from the courts. Here's a trio of pending D.C. Circuit cases that could provide FERC with further guidance on how it should evaluate the climate impacts of gas projects.
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November 22, 2023
Florida Tribe Seeks To Overturn EPA Water Permit Decision
A Native American tribe has asked a federal court for a quick win in its lawsuit challenging the U.S. Environmental Protection Agency's approval of Florida's effort to take over a Clean Water Act permitting program, saying the tribe's waters are outside the state's regulatory jurisdiction.
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November 22, 2023
NJ Bill Aims To Tax Water Protection Upgrades On Public Land
New Jersey would levy property tax on dams, buildings and other improvements built on public land to protect public water supplies under a bill introduced in the state Assembly.
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November 22, 2023
NJ Assembly Bill Seeks Tax Break For Conservation Sales
New Jersey would allow individuals to claim a gross income tax deduction for money earned through the sale of real property to conservation groups as part of a bill introduced in the state Assembly.
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November 21, 2023
Green Orgs Fight Back On Corps' Brief In Port Expansion Row
Conservation groups challenging the U.S. Army Corps of Engineers' review of a dredging project to widen shipping lanes for Puerto Rico's largest port told the D.C. Circuit the agency is trying to paper over an inadequate analysis with arguments that focus on post-decision developments and justifications.
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November 21, 2023
Ohio Firm Must Face Malpractice Suit Over Mineral Rights
An Ohio state appeals court this week revived a former client's malpractice suit against McCamic Sacco and McCoid PLLC, finding that a dispute still exists over her mineral rights interest and what the firm's duty was in protecting it.
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November 21, 2023
Coast Guard Contractor Settles $1M Dredging Dispute
A military contractor and subcontractor have settled their dispute over a contract to dredge a waterway in North Carolina for the U.S. Coast Guard after the subcontractor said Joint Forces Construction failed to pay it over $1 million for its work and the contractor said Carolina Marine Structures cost it $700,000 by doing a bad post-work survey.
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November 21, 2023
Energy Bonus Credits' Labor Rules Set Bar Too High, IRS Told
Complying with proposed IRS labor rules that are critical in claiming the 2022 climate law's bonus tax credits will be challenging for project owners, stakeholders told the agency Tuesday, citing hurdles such as daunting record-keeping requirements and unclear construction start dates.
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November 21, 2023
Ga. Fragrance Co. Seeks Exit From Homeowners' Class Suit
A Georgia-based fragrance maker is seeking an early exit from a proposed class action brought by nearby homeowners who are accusing the company of negligence after a chemical explosion, saying its neighbors failed to provide any evidence or respond to discovery.
Expert Analysis
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Navigating USCIS' New Minimum EB-5 Investment Period
Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.
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ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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AI Isn't The Wild West, So Prepare Now For Bias Risks
In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.