In an effort to address the city’s office vacancy and much-needed housing, the San Francisco Board of Supervisors approved the “Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization” ordinance on June 27, 2023. On July 5, 2023, Mayor London Breed approved the ordinance, which will become effective on August 4, 2023.

Governor Gavin Newsom announced an ambitious and wide-ranging plan on May 19 to expedite the development of important infrastructure projects across the state, with the twin goals of building California’s clean energy future to meet its bold climate goals while at the same time creating hundreds of thousands of jobs.

A recent decision highlights the importance of strict compliance with the Mitigation Fee Act’s requirement that findings be made every five years concerning unexpended fees.

Los Angeles’ United to House LA Measure, enacted by city voters in November 2022, implements a significant new transfer tax on high-value real estate transfers or sales throughout the city of Los Angeles.

Critical infrastructure companies should expect substantial new federal cybersecurity requirements based on the National Cybersecurity Strategy that President Biden announced on March 2, 2023. After the Administration announced the Strategy, the EPA released a memorandum addressing cybersecurity in public water systems and TSA released an aviation cybersecurity amendment.

A reference chart comparing certain key characteristics of demand deposits with government securities, money market funds, and other short-term cash management instruments. Please note that the chart is for informational purposes only and not for the purpose of providing legal or investment advice. 

The Washington State Legislature kicked off its 2023 legislative session with a big focus on affordable housing initiatives. Five significant affordable housing bills were introduced this session that propose major changes ranging from eliminating local design review boards for housing development permits to modifying the multifamily tax exemption to creating a “housing benefit district” within city boundaries to boost the acquisition and development of affordable housing.

The U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced on December 30, 2022, the latest final rule that attempts to define “waters of the United States” under the Clean Water Act. The Rule will take effect 60 days after its publication in the Federal Register.

In mid-November, the U.S. Department of the Interior announced that it can acquire lands in trust for Alaska’s 231 federally recognized tribes and establish Indian reservations. On the heels of this announcement, the department published proposed changes to its regulations that would make it easier for tribes to place lands in trust.

In what has become a near-annual ritual, California Governor Gavin Newsom has signed into law a large package of bills aimed at addressing the state’s glaring housing shortage.

The Washington State Department of Ecology recently released a focus sheet that provides Ecology’s recommended soil and groundwater cleanup levels for a group of chemical compounds known as per- and polyfluoroalkyl substances.

Transfers of real property to certain qualifying entities will no longer be subject to real estate excise tax in Washington State, effective on January 1, 2023.

Alan Murphy co-authored a book chapter titled “Housing” in California Land Use & Planning Law (38th edition, 2022).

The U.S. Environmental Protection Agency, on March 14, 2022, issued both a final rule incorporating revised ASTM International standard practices, ASTM International’s E1527–21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,’’ and a proposed rule soliciting comment on this action.

On February 15, 2022, the Federal Communications Commission unanimously adopted new rules intended to give tenants in multi-tenant environments greater choice in selecting broadband and cable service provider services

The Financial Crimes Enforcement Network issued an Advance Notice of Proposed Rulemaking (ANPRM) on December 6, 2021, soliciting comments on the potential extension of the Bank Secrecy Act.

After a lengthy committee process, ASTM International revised its standard practice for Phase I environmental site assessments (ASTM E1527) for the first time since 2013.

The U.S. Fish and Wildlife Service revoked its January 7, 2021, rule defining the scope of the Migratory Bird Treaty Act as it applies to conduct that results in the injury or death of protected migratory birds.

Governor Gavin Newsom signed a $15 billion legislative package on September 23, 2021, funding efforts to combat climate change in California over the next three years.

California Governor Gavin Newsom recently signed into law several bills intended to accelerate local approval of housing projects and increase housing production.

On July 20, 2021, the San Francisco Board of Supervisors unanimously approved an amendment to the San Francisco Commercial Eviction Moratorium Ordinance codifying a legal presumption to potentially provide rent relief to small businesses forced to shut down due to the COVID-19 pandemic.

On December 1, 2020, the San Francisco Board of Supervisors unanimously approved a commercial eviction moratorium ordinance (the Board Ordinance), which Board Ordinance came into effect on January 11, 2021. When the Board Ordinance became effective, the mayor’s previous executive orders which impose a moratorium on commercial evictions (the Mayor’s Moratorium) terminated.

The U.S. Fish and Wildlife Service has issued a proposed rule to revoke its January 7, 2021, final rule, which had determined the Migratory Bird Treaty Act prohibits only the intentional take of migratory birds, and not incidental and unintentional take associated with development activities or project operations. 

The U.S. Senate passed the Drinking Water and Wastewater Infrastructure Act of 2021 by a nearly unanimous vote in its first significant legislative step towards fulfilling the goals of the Biden administration’s American Jobs Plan with respect to water infrastructure. The Act both reauthorizes existing funds and creates new programs to support drinking water and wastewater infrastructure projects. Most funds are allocated to the existing Environmental Protection Agency (EPA)-administered Drinking Water State Revolving Fund (DWSRF) and the Clean Water State Revolving Fund (CWSRF). A significant proportion of authorized funds specifically target water systems and infrastructure needs of disadvantaged populations, including low-income communities, rural areas, and tribal lands.

The secretary of the interior issued two Secretarial Orders on April 16, 2021, that provide early indications of the Biden administration’s approach to the environmental review process for infrastructure projects under the National Environmental Policy Act.

Recent SBA guidance and a sample application form suggest that the SBA will soon open its system for Restaurant Revitalization Fund grants. This would provide welcome relief for restaurants and other businesses that have been hard-hit by the COVID-19 pandemic and provide sources of funding for amounts they owe to landlords, suppliers, and others. The SBA guidance and sample application form clarify certain aspects of the grant application process but leaves other questions unanswered, including the question of when funding will actually be available.

President Biden’s Build Back Better initiative includes extensive investment in drinking water, wastewater, and stormwater systems with the hope of upgrading aging infrastructure, making it more resilient in the face of climate change, and addressing historical inequities.

On March 22, 2021, the U.S. Supreme Court denied certiorari in a case that upheld President Obama’s designation under the Antiquities Act of the Northeast Canyons and Seamounts Marine National Monument in the northern Atlantic Ocean

The Freedom of Information Act requires that federal agencies make records available to the public upon request, unless the records fall within one of nine exemptions.

In our first episode, business lawyers from Dallas and Seattle, who are also advocates for the homeless, discuss what will happen as the eviction moratoriums in various jurisdictions run out.

The U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs).

The latest COVID-19 relief legislation provided some additional aid and clarity for a select group of debtors and left many other questions unanswered.

The Arizona Department of Environmental Quality updated stakeholders on December 15, 2020, regarding the final elements of its proposed state Surface Water Protection Program and solicited feedback on the draft legislation for the program.

Retail, restaurant, entertainment, and other industries have been devastated by COVID-19 and the resulting governmental orders either precluding or materially limiting operations. In that regard, retail bankruptcy filings have become common occurrences and bankruptcy courts a favored venue for businesses seeking a proverbial “breathing spell.”

The U.S. Fish & Wildlife Service adopted a final regulation on December 18, 2020, to establish a process and the criteria for excluding areas from critical habitat designations under the Endangered Species Act.

The U.S. Fish and Wildlife Service and the National Marine Fisheries Service on December 16, 2020, jointly adopted a final regulation providing a one-sentence definition for the term “habitat” under the Endangered Species Act.

The Federal Permit Improvement Steering Council on November 27, 2020, proposed to add mining to the list of infrastructure sectors that are covered by Title 41 of the Fixing America’s Surface Transportation Act (FAST-41).

On November 3, 2020, California voters narrowly approved Proposition 19 (The Home Protection for Seniors, Severely Disabled, Families, and Victims of Wildfire or Natural Disasters Act) and with it comes significant property tax changes for California real-property owners.

The U.S. Forest Service has released narrowly tailored changes to update its procedures under the National Environmental Policy Act, in the wake of the Council on Environmental Quality’s recent overhaul of the NEPA regulations.

As the COVID-19 resurgence continues, the state of Illinois and the city of Chicago, have once again updated guidance for employers.

Governor Gavin Newsom issued Executive Order N-80-20 on September 23, 2020, extending Executive Order N-28-20 through March 31, 2021, with respect to commercial evictions only. 

In the wake of the July 24 expiration of the 120-day moratorium on residential evictions in the Coronavirus Aid, Relief, and Economic Security (CARES), the U.S. Centers for Disease Control (CDC) issued an order (CDC order) temporarily halting some residential evictions in the United States.

Shortly after the shelter-in-place orders first went into effect this spring, California Governor Gavin Newsom issued an executive order allowing, but not requiring, local governments to impose temporary limitations on residential and commercial evictions in certain COVID-19-related situations.

On Friday, July 31, 2020, the Internal Revenue Service (IRS) issued proposed regulations under Section 1061 of the Internal Revenue Code.

The U.S. Supreme Court delivered near-term relief to project developers on June 6, reinstating one of the U.S. Army Corps of Engineers’ key nationwide Clean Water Act permits. 

Oregon Governor Kate Brown signed House Bill 4204 (HB 4204) into law on June 20, 2020.

In April 2019, the Washington legislature amended the Model Toxics Control Act (MTCA) to allow the Washington State Department of Ecology to create an expedited version of the existing Voluntary Cleanup Program (VCP).

On Friday, May 22, the California Senate Judiciary Committee voted in favor of an amended version of SB-939, which would limit the rights of many commercial landlords to enforce certain provisions of their leases.

Indemnification obligations are used to allocate risk between a buyer and a seller in nearly all mergers and acquisitions transactions.

Today commercial landlords and tenants are preparing to safeguard their employees and customers from Covid-19 risks.

States across the country are beginning to reopen or considering reopening following shutdowns in response to the COVID-19 pandemic.

While some states (such as Georgia, South Carolina, Texas, Montana, and Oklahoma) have commenced, or will soon commence, phased or soft business reopenings, other jurisdictions (including the six San Francisco Bay Area counties in California, Connecticut, New York, and Rhode Island) have recently extended their “shelter-in-place” and eviction moratorium orders.

The six Bay Area counties that led the way in requiring their citizens to shelter in place on March 16 and again on March 31—Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara—issued new orders on April 29 extending many of the shelter-in-place requirements to May 31.  

Washington public meeting and public records laws contemplate that members of the public can be physically present at the meeting location or the agency office.

Washington Governor Jay Inslee signed an addendum to the Stay Home, Stay Healthy Order (Proclamation 20-25) on April 24, 2020, to allow certain construction to resume, provided projects institute a COVID-19 safety plan and workers use personal protective equipment and can socially distance, among other requirements.

Uncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.”

On April 3, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued an updated recommendation that all workers and members of the general public should consider using non-medical face masks or face coverings to prevent the spread of COVID-19 transmission and infection.

In response to the ongoing coronavirus pandemic (COVID-19), the Internal Revenue Service (the IRS) has taken additional actions intended to provide immediate relief to taxpayers.

Last month, Governor Gavin Newsom signed an Executive Order which allows but does not require local governments to impose temporary limitations on residential and commercial evictions in certain COVID-19 related situations.

A junior lienholder that receives a payment to release its “out of the money” lien may not have to repay it if their borrower files for bankruptcy shortly thereafter as decided recently in Lauter v. Wells Fargo Bank (In re Gas-Mart USA, Inc.).

On March 31, six Bay Area counties—Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara—jointly issued new shelter-in-place restrictions that expand, clarify, and extend certain shelter-in-place restrictions until May 3, 2020.

Governor of California Gavin Newsom and numerous other local municipalities—including, but not limited to, the counties of Humboldt, Lake, Los Angeles, Marin, Mendocino, Monterey, Napa, Sonoma, Sutter, Yolo, and Yuba, and the cities of Berkeley and Fresno—have issued shelter-in-place orders.

On March 20, 2020, Governor of Illinois JB Pritzker, issued an executive order requiring Illinois residents to stay at home and limiting business activities which may remain open to “Essential Businesses and Operations.”

Recognizing the high volume of COVID-19 content being published, Perkins Coie developed a one-stop, integrated resource page that addresses key legal and business considerations for companies across essential business areas, from insurance coverage and labor and employment, to privacy and security, corporate governance, tax, construction, supply chain, and more.

Governor of Washington Jay Inslee issued a statewide order, Proclamation 20-25 - Stay Home, Stay Healthy, requiring all Washingtonians to stay at home unless engaging in essential activities or working in essential business services.

Owners and developers with construction projects underway are understandably very concerned about the impact of COVID-19 on the viability of their projects.

As the widespread economic impacts of the coronavirus (COVID-19) worsen, Governor Gavin Newsom issued Executive Order N-28-20 on March 16, 2020, to assist Californians experiencing financial hardship.

COVID-19 is expected to have an impact on construction companies across the country.

In the wake of COVID-19, parties may (1) be in a contractual relationship with a counterparty that asserts it cannot perform or (2) find themselves unable to fulfill their own contractual obligations.

Below is a list of real estate issues that employees, developers, landlords, tenants, and lenders may need to address in the wake of COVID-19.

In response to the COVID-19 (coronavirus) global pandemic, seven counties in California—Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Santa Cruz—issued orders requiring residents to shelter in place and mandating closure of many businesses.

San Francisco voters adopted Proposition E, the “San Francisco Balanced Development Act,” (the act) tying future office development to the city’s production of housing—particularly affordable housing.

Seeking to preserve the vitality of commercial corridors and reduce retail vacancies, San Francisco voters approved the Vacancy Tax Ordinance, which authorizes a tax assessment on vacant retail space beginning January 1, 2021.

The Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.”

Governor Gavin Newsom signed into law the Tenant Protection Act of 2019, AB 1482, (now California Civil Code Section 1946.2 and 1947.12), on [DATE], joining only Oregon in enacting a statewide rent control law.

The Ninth Circuit Court of Appeals has upheld the approval of a utility-scale wind facility in California, rejecting claims that the Bureau of Indian Affairs violated the National Environmental Policy Act and the Bald and Golden Eagle Protection Act in approving the project.

A new final regulation issued on September 12, 2019 by the Environmental Protection Agency and the Army Corps of Engineers repeals the Obama administration’s 2015 “Clean Water Rule,” but does little to clear up the longstanding confusion over the scope of federal authority and jurisdiction under the Clean Water Act.

The San Francisco Mayor’s Office of Housing and Community Development released its much-awaited Community Opportunity to Purchase Act (COPA) Program Rules on Monday, September 3, 2019. (The mayor signed COPA on May 3, 2019. More information about the legislation can be found in our previous update.)

A decision by the U.S. District Court for the Southern District of Georgia issued on August 21, 2019, highlights the continuing confusion over the definition of “waters of the United States” under the Clean Water Act.

A growing number of U.S. cities, including Las Vegas, Minneapolis and Chandler, Arizona, are re-examining their zoning, land use, and transportation regulations to ease the way forward for AVs.

The Environmental Protection Agency issued a 163-page proposed rule on August 9, 2019, to clarify the substantive and procedural requirements for water quality certifications under Section 401 of the Clean Water Act.

The U.S. Fish and Wildlife Service and National Marine Fisheries Service issued a set of three new final rules on August 12, 2019, that substantially revise the regulations implementing the Endangered Species Act.

The South Carolina Supreme Court delivered a gift to insurers facing bad faith claims in that state. The court determined that, where a policyholder brings a bad faith claim against its insurer and the insurer answers the claim by denying liability, the policyholder’s right to obtain discovery of the insurer’s attorney-client privileged communications concerning the insurer’s handling of the claim must be determined on a case-by-case basis.

The U.S. Supreme Court overturned a 34-year-old precedent established by Williamson Planning Comm’n v. Hamilton Bank, holding that landowners pursuing takings claims do not need to seek redress in state courts before pursuing a federal claim. 

Effective June 2, 2019, San Francisco has enacted the “Community Opportunity to Purchase Act” or COPA. 

The Washington Legislature narrowly passed SB 5993, which increases the tax on petroleum that primarily funds the state’s contaminated site cleanup program, protects the funds from being used for other purposes and amends the state’s cleanup law, the Model Toxics Control Act, to expand the Washington State Department of Ecology’s authority to issue cleanup grants.

The Washington Legislature completed its 2019 legislative session with the passage of sweeping changes to the real estate excise tax (REET).

The wave of federal charges against some fifty individuals for college admissions fraud and testing bribery schemes caught numerous universities and much of the United States by surprise.

In the twilight of his presidency, Barack Obama made sev­eral announcements withdrawing federal land from devel­opment. These executive actions were protective measures taken under longstanding authorities of the Antiquities Act of 19061 and the Outer Continental Shelf Lands Act2 (OCSLA), which delegate a portion of Congress’ primary Constitutional authority over federal lands to the executive branch.

A recent decision clarified the concept of impairment when a plan of reorganization provides for creditors to receive 100% of their allowed claims.

The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018.

A secured lender facing the prospect of having the essential provisions of its loan re-written in a Chapter 11 plan of reorganization will look for options to prevent or minimize the likelihood of such a revision.

Pop-ups are a fun and effective way to engage new clients and increase brand awareness while keeping overhead costs low. While these temporary retail stores have been embraced by both retailers and consumers, the approach has the following significant legal considerations that should be kept top of mind.

In three recent decisions, the U.S. Courts of Appeal for the Fourth Circuit and Sixth Circuit have signaled the courts’ refusal to allow environmental plaintiffs to use the federal Clean Water Act to address coal ash pollution from unlined storage ponds at coal fired power plants.

The U.S. Court of Appeals for the District of Columbia Circuit, on August 21, 2018, vacated much of U.S. EPA’s final rule regulating the disposal of “coal combustion residuals” (CCR) at coal-fired power plants. 

In a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act.

The U.S. Fish and Wildlife Service issued a guidance memorandum addressing when an incidental take permit may be needed under Section 10(a)(1)(B) of the Endangered Species Act for projects that modify habitat of federally listed species.

The 2017 Tax Cuts and Jobs Act, signed by President Trump last month, significantly affects the ability of the managers of investment funds to receive long-term capital gains with respect to their carried interest.

In a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals.

The United States District Court for the Northern District of California held that the owners of an industrial park may be liable under the Clean Water Act for illegal stormwater discharges by their tenants, even if the owners played no role in generating or adding to the discharges.

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean Water Act.

The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that it replaced.

The Washington Supreme Court significantly narrowed the ability of public agencies to discuss real estate deliberations in executive session.

Slapping insurers with breach of contract and bad faith, Washington state’s highest court recently found that a general liability policy’s so-called “absolute” pollution exclusion may not be so absolute.

In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S. Army Corp of Engineers to rescind or revise the Obama administration’s 2015 Clean Water Rule.

The Washington State Court of Appeals recently held the Department of Natural Resources liable as an operator or owner of a contaminated site under the Model Toxics Control Act, RCW 70.105D, in Pope Resources, LP v. Wash. Dept. of Natural Resources.  

In the case of Pacifica L 51, LLC v. New Investments, Inc. (In re New Investments, Inc.), 9th Cir. November 4, 2016, the U.S. Court of Appeals for the Ninth Circuit held that a Chapter 11 debtor could not avoid paying default interest to an over-secured creditor by retroactively curing the default under a plan of reorganization.

Perkins Coie previously published an alert regarding California legislation (SB 1186), which required disclosures in commercial leases as to whether the property being leased had been inspected by a Certified Access Specialist (CASp). On September 16, 2016, new legislation (AB 2093) was enacted to encourage parties to acknowledge accessibility issues and address any necessary remediations during lease negotiations.

California Governor Jerry Brown signed into law last week two controversial anti-climate change bills that will tighten greenhouse gas (GHG) limits by 40% and increase legislative supervision of the California Air Resources Board (CARB)—the agency responsible for reducing GHG emissions.

The Washington State Department of Ecology recently rolled out significant changes to its Voluntary Cleanup Program.

The Washington State Court of Appeals, Division III, ruled on June 14, 2016 that the Three Fingers Fill on Lake Chelan, placed in shoreline areas prior to December 4, 1969, was authorized by a “savings clause” contained in the Shoreline Management Act and therefore did not violate the Public Trust Doctrine or otherwise create a public nuisance.

The U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review.

On May 6, 2016, the Fish and Wildlife Service published a proposed rule that would substantially change how the Service administers its conservation and management program under the Bald and Golden Eagle Protection Act.

The U.S. Supreme Court recently rejected the Ninth Circuit’s interpretation of § 103(c) of the Alaska National Interest Lands Conservation Act (ANILCA).

The U.S. Fish and Wildlife Service announced an updated Native American policy on January 27, 2016, which provides a framework for government-to-government relationships to further the federal government’s trust responsibility to federally recognized tribes to protect, conserve and use tribal resources.

The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources.

This article also appeared in The Practical Real Estate Lawyer in the 05.2016 issue.

In a decision that could result in significant new restrictions on development activities in the Arctic as well as set important Endangered Species Act (ESA) precedent in the Western United States, the U.S. Court of Appeals for the Ninth Circuit recently reversed an Alaska district court’s judgment vacating the designation of critical habitat in Alaska for the polar bear.

On February 11, 2016, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service jointly published final regulations and a final policy addressing critical habitat under the Endangered Species Act.

The Arizona Supreme Court, in Arizona Department of Water Resources v. Hon Crane McClennen in and for the county of Maricopa, No. CV-15-0223-SA, reversed a ruling from Judge McClennen of the Superior Court of Maricopa County on November 12, 2015, vacating the Arizona Department of Water Recourses’ (ADWR) approval of Freeport Minerals Corporation’s (Freeport) application to sever water rights it owned which were appurtenant to Planet Ranch in Mohave County and to transfer such rights to other areas.

When the Arizona Legislature enacted the Purchaser Dwelling Act (the Act) in 2002, it imposed various pre-litigation notice and inspection requirements on a purchaser or a homeowners’ association before they could file a lawsuit alleging defective construction against those engaged in the business of designing, constructing or selling dwellings.

Reacting quickly to the concerns of the business community and insurance policyholders, the 114th Congress voted overwhelmingly to approve the Terrorism Risk Insurance Program Reauthorization Act of 2015 (TRIA).  On January 12, 2015, President Barack Obama signed the TRIA into law.

The U.S. Congress failed to reauthorize the Terrorism Risk Insurance Program Reauthorization Act (TRIPRA) prior to adjourning on December 16, 2014. The new 114th Congress will not convene until January 6, 2015 and may not immediately begin the consideration of TRIPRA for several days thereafter.

The first deadline under the City of Seattle’s new Rental Registration and Inspection Ordinance (“Ordinance”) is coming up at the end of this month.  The law is intended to ensure that residential housing meets basic safety and maintenance requirements.  It applies to most rental housing in Seattle; there are various exemptions for commercial lodging, licensed senior housing facilities, hospitals, government housing and other less typical types of housing.

The holiday shopping season is fast approaching and for the brick and mortar retail industry, it is a critical time. Whether you are a landlord of a shopping center, a long-term retail tenant, or a temporary seasonal tenant, there are several leasing issues that arise during the holidays that are worth noting. 

The California Energy Commission (CEC) implemented the Nonresidential Building Energy Use Disclosure Program in two phases. 

As the Napa Valley community begins the process of repairing damage and healing from injuries and losses related to the earthquake that struck on August 24, 2014, we extend our heartfelt wishes to those affected by the natural disaster.

The California Energy Commission (CEC) recently issued updated regulations for its new Nonresidential Building Energy Use Disclosure Program. The updated regulations provide practical guidance to building owners for complying with the Disclosure Program.

This article provides owners and their counsel with suggested guidelines for the restriction of expressive activities and illustrates the types of shopping center rules that will more likely be upheld by California courts. This article was re-published in Retail Law Strategist.

On August 14, 2013, the California Energy Commission announced for the second time this summer that implementation of California’s new energy use disclosure regulations has been delayed. These delays affect the regulation’s original compliance deadlines, which we explained in our update dated May 9, 2013.

Following numerous revisions and opportunities for public comment, on May 30, 2013, U.S. Citizenship and Immigration Services (USCIS) released a Policy Memorandum for all USCIS employees regarding EB-5 adjudications.

Beginning July 1, 2013, California commercial leases and rental agreements must include a disclosure regarding whether the property being leased has been inspected by a Certified Access Specialist (CASp) and, if a CASp inspection has occurred, whether the property being leased has met all construction-related accessibility standards under current law.

Many businesses in Oklahoma have been impacted by the devastating tornado that hit that state on May 20, 2013.  Early estimates indicate the tornado caused upwards of $2 billion in damage.  Numerous national and local businesses and other entities, ranging from retailers to schools and hospitals, reported significant damage and an interruption in their business operations due to the tornado.

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations Act (RICO) claims and significantly narrowed the scope of the Commodity and Exchange Act (CEA) claim.

The California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007.

The Illinois Supreme Court has issued new court rules that become effective on May 1, 2013, modifying the evidentiary requirements for obtaining foreclosure judgments, among other things.  The rules are the result of the work of a special committee appointed by the court to study, address and unify the procedures used throughout the state in mortgage foreclosure proceedings.

Retail property owners and retailers alike are always looking for ways to increase their revenues in a cost-effective manner, especially during the holiday season when a large percentage of a retailer's profits are typically earned. 

This Client Update was republished in Retail Law Strategist - Volume 12, Issue 4, Winter 2012

In the wake of the recent admissions by Barclays Bank PLC that its traders sought to manipulate the London Interbank Offered Rate ("LIBOR"), corporations and other investors are only now beginning to appreciate the magnitude of the scandal and to consider how it might impact their own investments.

On May 24, 2012, Senator Patrick Leahy (D-Vermont) introduced legislation into the U.S. Senate that would make the EB-5 Regional Center Program permanent.  Senate Bill 3245 is co-sponsored by Senator Chuck Grassley (R-Iowa) and was referred to the Senate Judiciary Committee where it is pending committee action.  Senator Leahy previously secured short-term extensions of the EB-5 Regional Center Program, which is currently set to expire on September 30, 2012.

The California Supreme Court has announced that recently enacted legislation disbanding redevelopment agencies is constitutional, while the companion legislation that would have allowed redevelopment agencies to continue to exist if they made "voluntary" payments is unconstitutional.

On September 14, 2011, the Subcommittee on Immigration Policy and Enforcement of the House Judiciary Committee, directed by House Judiciary Chairman Rep. Lamar Smith (R-TX), heard testimony from two venture capitalists in favor of Congress enacting the "EB-6 Startup Visa."

Is it the result of turbulent economic times, tighter bank financing, or the globalization of the private finance and investment world? We cannot say for sure what is fueling the interest, but an increasing number of our clients are asking about, exploring or already gaining the benefits of the EB-5 Immigrant Investor Visa Program.

A new access management bill was passed into law in Oregon's 2011 legislative session that will revolutionize highway access permitting in Oregon.

Earlier this year, the Building Owners and Managers Association (BOMA) International adopted new measurement standards for office buildings.

On June 30, 2010, the House of Representatives approved the Dodd-Frank Wall Street Reform and Consumer Protection Act, or the Financial Reform Act, a comprehensive and expansive set of financial reforms widely thought to be the toughest changes to financial regulation in the United States since the Great Depression.

The IRS recently issued Revenue Procedure 2010-14, which provides long-awaited guidance for taxpayers whose deferred like-kind exchange of relinquished property would be non-taxable under Section 1031 of the Internal Revenue Code but for the failure of the qualified intermediary ("QI") to acquire and transfer identified replacement property due to the QI's insolvency proceedings.

On January 21, 2010, the Colorado Court of Appeals issued a decision upholding the right of lenders to charge a prepayment premium.  Planned Pethood Plus, Inc. v. Keycorp, Inc., 228 P.3d 262  (Colo. App. 2010).

A center with a high vacancy level will likely experience a significant drop-off in holiday shoppers visiting the center, so you need to be proactive to minimize the impact.

The American Recovery and Reinvestment Act of 2009, commonly referred to as the Stimulus Bill, was signed into law on February 17, 2009 and contains an expanded tax credit for first-time homebuyers who make qualifying purchases prior to December 1, 2009.

The American Recovery and Reinvestment Act of 2009, commonly referred to as the Stimulus Bill, signed into law on February 17, 2009, contains renewable energy tax incentives, defers realization of certain cancellation of debt income, suspends certain restrictions on the deductibility of original issue discount, and limits S corporation built-in gain recognition.

A 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.

On this webinar we delved into the complicated legal issues surrounding COVID-19 testing in the workplace. As companies consider on-site testing as one tool to safeguard their employees and customers from COVID-19 risks, a variety of legal risks need to be addressed.

Join us for a discussion of the State Environmental Policy Act (SEPA) during which we will provide an overview of SEPA, the processes to follow for compliance, and tips and tactics useful for school districts to successfully navigate working within the requirements of SEPA.

This webinar discussed the many matters that businesses in Oregon are addressing as a result of the COVID-19 pandemic. Our attorneys provided answers to questions we have been receiving from our clients.

Explore the proliferation of hotel brands in recent years and what it means to an owner/developer, discuss the regulatory framework for franchise agreements, including the role of the Federal Trade Commission and state franchise regulators and examine what is actually negotiable in franchise agreements.

On May 16, 2016 Perkins Coie and Associated Oregon Industries welcomed AOI members and other interested parties to a seminar/webinar presentation addressing questions and issues arising from DEQ's recent announcement to investigate sources that may emit metals.