Businesses and individuals involved in real estate-focused transactions and disputes face complex, and often costly, challenges and opportunities.
Publications
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04.17.2024Supreme Court Rules Legislative Permit Conditions Not Exempt From Nollan/Dolan ScrutinyUpdatesIn a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other state courts that the Takings Clause of the U.S. Constitution applies differently when permit conditions are imposed legislatively rather than administratively.
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03.28.2024Federal District Court Finds Corporate Transparency Act Unconstitutional: What Now?UpdatesOn March 1, 2024, the U.S. District Court for the Northern District of Alabama held that the CTA was unconstitutional because it exceeds Congress’s enumerated powers. As a result, the Alabama district court enjoined enforcement of the CTA as to the plaintiffs in that matter, the National Small Business Association, and one of its individual members.
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12.04.2023Illinois Supreme Court Issues Landmark Construction Insurance Coverage RulingUpdatesIn a landmark decision, the Illinois Supreme Court has granted a major victory for policyholders seeking general liability insurance coverage for construction defect and faulty workmanship claims.
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09.12.2023IRS Issues Proposed Regulations Relating to Digital Asset TransactionsUpdatesThe U.S. Department of the Treasury and the Internal Revenue Service recently released proposed regulations (REG-122793-19) pertaining to information reporting and backup withholding, as well as basis and amount realized determinations for certain transactions involving digital assets.
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07.17.2023San Francisco Adopts Ordinance To Facilitate the Conversion of Office Buildings to HousingUpdates
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.
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05.22.2023Governor Newsom Proposes CEQA ReformUpdatesGovernor 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.
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04.17.2023Court Orders Refund of All Unexpended Fees in Landmark Mitigation Fee Act CaseUpdatesA 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.
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03.31.2023More Than a Mansion Tax: L.A.’s Measure ULA Will Address the City’s Housing CrisisUpdatesLos 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.
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03.23.2023Sector-Based Cybersecurity Requirements for Critical Infrastructure, From Our Water Systems to the SkiesUpdatesCritical 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.
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03.17.2023Short-Term Cash Management AlternativesUpdatesA 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.
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01.24.2023Washington Legislature Considers Land Use Law Changes To Facilitate Affordable Housing DevelopmentUpdates
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.
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01.11.2023The Biden Rule: Redetermining Where Water Ends and Land BeginsUpdatesThe 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.
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12.12.2022Biden Administration Authorizes Trust Lands for Alaska Tribes, Proposes Changes To Streamline Trust RegulationsUpdatesIn 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.
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10.05.2022California Allows Housing on Commercial Lands, Limits Required ParkingUpdatesIn 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.
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07.20.2022Just Short of a Rule: Washington State’s Recommendations on PFAS Cleanup LevelsUpdatesThe 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.
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06.16.2022Real Estate Excise Tax Exemption Encourages Affordable HousingUpdatesTransfers 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.
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05.11.2022California Land Use & Planning Law: HousingLawyer PublicationsAlan Murphy co-authored a book chapter titled “Housing” in California Land Use & Planning Law (38th edition, 2022).
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03.15.2022EPA Adopts New ASTM Standard for Phase I Environmental Site AssessmentsUpdatesThe 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.
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02.23.2022FCC Adopts Rules to Increase Broadband and Cable Competition in Multi-Tenant EnvironmentsUpdatesOn 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
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12.29.2021FinCEN Solicits Comments on Striking Expansion of Anti-Money Laundering Obligations to Real Estate SectorUpdatesThe 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.
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11.12.2021A Change Is on the Horizon: A Revised ASTM Standard for Phase I Environmental Site AssessmentsUpdatesAfter a lengthy committee process, ASTM International revised its standard practice for Phase I environmental site assessments (ASTM E1527) for the first time since 2013.
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10.08.2021US Fish and Wildlife Service Reinstates MBTA Interpretation and Seeks Input on Take Permitting SchemeUpdatesThe 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.
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09.29.2021California Commits $15 Billion to Fighting Climate ChangeUpdatesGovernor 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.
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09.28.2021California Enacts New Legislation to Accelerate Housing ProductionUpdatesCalifornia Governor Gavin Newsom recently signed into law several bills intended to accelerate local approval of housing projects and increase housing production.
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07.27.2021Potential Rent Relief for San Francisco Small Businesses Forced to Shut DownUpdatesOn 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.
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Updated 06.17.2021San Francisco Board of Supervisors Enacts a New Commercial Eviction Moratorium OrdinanceUpdatesOn 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.
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05.10.2021US Fish and Wildlife Service Proposes to Revoke Recent MBTA Final RuleUpdatesThe 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.
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05.04.2021Senate Adopts Drinking Water and Wastewater Infrastructure ActUpdatesThe 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.
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04.21.2021Managing Conflict: Department of the Interior Implementation of 2020 NEPA RegulationsUpdatesThe 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.
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04.21.2021SBA Serves Up Guidance for Restaurant Revitalization Fund GrantsUpdatesRecent 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.
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03.31.2021Expect Significant Investments in Water InfrastructureUpdatesPresident 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.
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03.24.2021Chief Justice Roberts' Statement Questions Broad Presidential Authority Under the Antiquities Act of 1906Updates
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
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03.18.2021Supreme Court and Ninth Circuit Limit Reach of Freedom of Information ActUpdatesThe 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.
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02.02.2021A Restructured Lens on the Eviction MoratoriumPodcastsIn 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.
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01.15.2021Army Corps Reissues Clean Water Act Nationwide Permits With Energy, Infrastructure Project ImplicationsUpdatesThe U.S. Army Corps of Engineers published in the Federal Register changes to its Clean Water Act Nationwide Permits (NWPs).
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01.04.2021New COVID-19 Relief Law Includes Limited Bankruptcy Protections Regarding PPP LoansUpdatesThe latest COVID-19 relief legislation provided some additional aid and clarity for a select group of debtors and left many other questions unanswered.
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12.21.2020Arizona DEQ Proposes Final Contours and Draft Legislation for Surface Water Protection ProgramUpdatesThe 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.
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12.18.2020Landlords Defeat Debtors Seeking COVID-19 Rent Abatements and DeferralsUpdatesRetail, 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.”
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12.18.2020US Fish and Wildlife Service Adopts New Regulation for Critical Habitat ExclusionsUpdates
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.
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12.16.2020New Regulation Defines the Term “Habitat” Under the Endangered Species ActUpdatesThe 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.
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12.01.2020Federal Permitting Council Proposes Adding Mining Sector Under “FAST-41”UpdatesThe 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).
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11.25.2020Navigating Proposition 19: Planning for 2021 Changes to California Real Property Tax Reassessment RulesUpdatesOn 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.
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11.20.2020Forest Service Releases Narrowly Tailored Update to Its NEPA ProceduresUpdatesThe 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.
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11.20.2020Illinois and Chicago Issue New COVID-19 Measures: What They Mean for EmployersUpdatesAs the COVID-19 resurgence continues, the state of Illinois and the city of Chicago, have once again updated guidance for employers.
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10.01.2020California Governor’s Executive Order N-80-20 Regarding Commercial EvictionsUpdatesGovernor 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.
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09.21.2020CDC Temporarily Halts Certain Residential EvictionsUpdatesIn 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.
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09.15.2020Eviction Relief for California Residential TenantsUpdatesShortly 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.
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08.05.2020IRS Publishes Proposed Regulations Applicable to Three-Year Carried Interest Holding Period RequirementUpdatesOn Friday, July 31, 2020, the Internal Revenue Service (IRS) issued proposed regulations under Section 1061 of the Internal Revenue Code.
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07.14.2020Supreme Court Revives Clean Water Act General Permit for Pipeline and Utility Line ProjectsUpdatesThe 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.
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07.13.2020Oregon COVID-19-Related Borrower Protections Signed Into LawUpdatesOregon Governor Kate Brown signed House Bill 4204 (HB 4204) into law on June 20, 2020.
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07.13.2020Washington State Department of Ecology Unveils Expedited Voluntary Cleanup ProgramUpdatesIn 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).
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Updated 06.18.2020California Urgency Legislation (SB-939) May Significantly Affect Commercial Rent Obligations and Lease Termination RightsUpdatesOn 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.
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05.20.2020Giving Value to Representations and Indemnifications in Distressed TransactionsUpdatesIndemnification obligations are used to allocate risk between a buyer and a seller in nearly all mergers and acquisitions transactions.
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05.12.2020Cameras, Temperatures, and Apps Oh My! COVID-19 Checklist for Commercial Landlords and TenantsUpdatesToday commercial landlords and tenants are preparing to safeguard their employees and customers from Covid-19 risks.
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05.05.2020Guidance for Reopening of Businesses Following Shutdowns Due to COVID-19UpdatesStates across the country are beginning to reopen or considering reopening following shutdowns in response to the COVID-19 pandemic.
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05.01.2020Ongoing Implications of COVID-19 Orders on Rent Payments for Commercial LeasesUpdates
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.
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04.30.2020Bay Area Counties Relax Restriction on Construction and Other Low-Risk ActivitiesUpdatesThe 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.
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04.30.2020 (Updated 05.14.2020)Washington Open Public Meetings Act, Public Records Act Requirements Temporarily Waived and Suspended in Response to COVID-19UpdatesWashington public meeting and public records laws contemplate that members of the public can be physically present at the meeting location or the agency office.
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04.27.2020 (Updated 04.30.2020)Washington Restarts Construction ProjectsUpdatesWashington 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.
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04.27.2020Supreme Court Rules Clean Water Act May Regulate Discharges Through Groundwater to Navigable WatersUpdatesUncertainty 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.”
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04.17.2020Essential Businesses in Several States Now Must Provide Face Masks to EmployeesUpdatesOn 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.
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04.13.2020IRS Announces Delay of Certain Periods for 1031 TransactionsUpdatesIn 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.
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04.10.2020COVID-19 in California: Local Eviction MoratoriumsUpdatesLast 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.
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04.06.2020Eight Circuit BAP Determines Junior Lienholders Receive Preference ProtectionUpdatesA 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.).
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04.01.2020Non-Essential Construction Eliminated in More Restrictive Bay Area Shelter-in-Place OrdersUpdatesOn 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.
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03.27.2020California’s “Safer-at-Home” Order Permits Many Construction Projects to ContinueUpdatesGovernor 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.
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03.27.2020Illinois “Stay-at-Home” Order Permits Many Categories of Construction to ContinueUpdatesOn 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.”
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03.27.2020Responding to COVID-19 Requires an Integrated ApproachUpdatesRecognizing 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.
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03.27.2020 (Updated 04.03.2020)Washington’s “Stay Home, Stay Healthy” Order Permits Only Limited Categories of Construction to ContinueUpdatesGovernor 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.
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03.25.2020COVID-19 and Construction Contracts: Considerations for Owners and DevelopersUpdatesOwners and developers with construction projects underway are understandably very concerned about the impact of COVID-19 on the viability of their projects.
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03.23.2020California Governor’s Executive Order Aimed at Assisting Borrowers, Tenants, Renters, and Homeowners Affected by COVID-19UpdatesAs 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.
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03.23.2020COVID-19 and Construction: Initial Steps for ContractorsUpdatesCOVID-19 is expected to have an impact on construction companies across the country.
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03.20.2020Contractual Considerations in the Wake of CoronavirusUpdatesIn 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.
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03.19.2020Real Estate Guidance During the Coronavirus PandemicUpdatesBelow is a list of real estate issues that employees, developers, landlords, tenants, and lenders may need to address in the wake of COVID-19.
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03.18.2020Bay Area COVID-19 Shelter-In-Place Orders Exempt Activities Necessary for Housing ConstructionUpdatesIn 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.
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03.12.2020San Francisco Places More Limits on Office DevelopmentUpdatesSan 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.
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03.09.2020San Francisco Adopts Vacancy Tax OrdinanceUpdates
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.
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01.27.2020New Regulations Redefine the Scope of the Clean Water ActUpdatesThe Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.”
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10.08.2019California Lawmakers Deliver Rental Relief: Tenant Protection Act of 2019UpdatesGovernor 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.
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10.03.2019Ninth Circuit Upholds BIA Approval of Southern California Wind Energy ProjectUpdates
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.
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09.16.20192015 Clean Water Act Rule RepealedUpdatesA 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.
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09.12.2019San Francisco Sellers: COPA Now in EffectUpdatesThe 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.)
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09.03.2019Drowning in Confusion: What Is a “Water of the United States”?UpdatesA 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.
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08.21.2019Axios Expert Voices: Cities Are Rewriting Zoning and Land Use Rules to Usher in AVsArticlesA 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.
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08.19.2019EPA Proposes to Narrow Water Quality Certification Authority Under the Clean Water ActUpdatesThe 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.
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Updated 08.27.2019Trump Administration Finalizes Major Changes to Endangered Species Act RegulationsUpdatesThe 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.
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07.31.2019South Carolina Attorney-Client Privilege Ruling Is a Gift to InsurersUpdates
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.
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06.27.2019U.S. Supreme Court’s Knick Cemetery Decision Buries Williamson—Takings Claimants May Go Directly to Federal CourtsUpdatesThe 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.
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05.29.2019All San Francisco Multi-Family Buildings and Sites Subject to New Sales RegulationsUpdatesEffective June 2, 2019, San Francisco has enacted the “Community Opportunity to Purchase Act” or COPA.
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05.28.2019Washington State Legislature Increases Hazardous Substance Tax, Providing Additional Funds to Address Contaminated SitesUpdatesThe 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.
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05.06.2019New Washington State Real Estate Excise Tax LegislationUpdatesThe Washington Legislature completed its 2019 legislative session with the passage of sweeping changes to the real estate excise tax (REET).
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03.18.2019Higher Ed Admissions Scrutiny—The Road AheadUpdatesThe 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.
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Spring 2019No Take Backs: Presidential Authority and Public Land WithdrawalsArticlesIn 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.
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02.07.2019Fifth Circuit Rules on “Impairment” Under Chapter 11 Plan, Provides Guidance on Make-Whole Payments and Default InterestUpdatesA recent decision clarified the concept of impairment when a plan of reorganization provides for creditors to receive 100% of their allowed claims.
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12.14.2018Agencies Release Proposed Rule to Limit Clean Water Act JurisdictionUpdatesThe 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.
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11.13.2018In re Fagerdale USA-LOMPOC Inc.: Defensive Purchase of Claims to Avoid Cramdown Deemed Not “Bad Faith”UpdatesA 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.
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10.17.2018Pop-Up for the HolidaysUpdates
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.
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09.28.2018Courts to Environmental Plaintiffs: Use RCRA, not Clean Water Act, to Address Coal-Ash Disposal at Coal-Fired Power PlantsUpdatesIn 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.
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09.04.2018D.C. Circuit Overturns EPA’s Coal Combustion Residuals Rule for Coal-Fired Power PlantsUpdatesThe 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.
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06.05.2018Washington Supreme Court Narrows “Owner or Operator” Liability, Exempts DNR From Cleanup Law LiabilityUpdatesIn a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act.
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05.02.2018U.S. Fish and Wildlife Service Issues Guidance on Endangered Species Act Incidental Take PermitsUpdatesThe 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.
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03.07.2018New Three-Year Hold Requirement for Carried Interests, Updated Notice for S CorpsUpdatesThe 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.
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01.24.2018Supreme Court Sends Challenges to Clean Water Rule to Federal District CourtsUpdatesIn 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.
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01.12.2018Industrial Landowners May Be Liable for Tenants’ Stormwater DischargesUpdatesThe 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.
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11.07.2017Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRAUpdatesThe 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.
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06.29.2017Agencies Release Proposed Rule to Rescind Obama-Era Clean Water RuleUpdatesThe 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.
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06.16.2017WA Supreme Court Narrows Executive Session Real Estate DeliberationsUpdatesThe Washington Supreme Court significantly narrowed the ability of public agencies to discuss real estate deliberations in executive session.
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05.31.2017Absolute Pollution Exclusion—Not So AbsoluteUpdatesSlapping 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.
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03.02.2017Executive Order Signals Federal Clean Water Act Jurisdiction Will Be NarrowedUpdatesIn 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.
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01.09.2017Potential Expansion of MTCA to More Owners/Operators of Contaminated Property in WashingtonUpdates
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.
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11.07.2016Ninth Circuit Overturns Entz-White Lumber; Avoiding Default Interest Via Cure Through Chapter 11 Plan No Longer ValidUpdatesIn 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.
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10.27.2016New California Lease Requirements for Disability AccessUpdatesPerkins 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.
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09.15.2016California’s New Climate Change Laws Tighten Limits on GHG, Increase Legislative Oversight of CARBUpdatesCalifornia 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.
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08.31.2016Significant Changes to Washington State’s Voluntary Cleanup ProgramUpdatesThe Washington State Department of Ecology recently rolled out significant changes to its Voluntary Cleanup Program.
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06.15.2016Pre-1969 Fill of Shoreline Area Not a Violation of the Public Trust DoctrineUpdatesThe 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.
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06.01.2016Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in CourtUpdatesThe 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.
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05.31.2016If At First You Do Not Succeed: Fish and Wildlife Service Tries Again With 30-Year Eagle Act PermitUpdatesOn 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.
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04.01.2016Supreme Court Holds the Ninth Circuit Misinterpreted the Alaska National Interest Lands Conservation ActUpdates
The U.S. Supreme Court recently rejected the Ninth Circuit’s interpretation of § 103(c) of the Alaska National Interest Lands Conservation Act (ANILCA).
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03.23.2016U.S. Fish and Wildlife Service Updates Native American Tribe PolicyUpdatesThe 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.
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03.17.2016FWS Proposes Revisions to Development Mitigation PolicyUpdatesThe 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.
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03.17.2016Issues Unique to Restaurant Leasing: If You Can't Take the (Legal) Heat, Stay Out of the KitchenArticles
ACREL
This article also appeared in The Practical Real Estate Lawyer in the 05.2016 issue. -
03.17.2016Ninth Circuit Reinstates Polar Bear Habitat Designation, ESA Implications for the WestUpdatesIn 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.
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02.16.2016New Critical Habitat Regulations Published Under the Endangered Species ActUpdatesOn 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.
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01.26.2016Arizona Supreme Court Affirms ADWR’s Approval of Mining Company’s Request to Sever and Transfer Its Surface Water RightsUpdatesThe 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.
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04.01.2015Newly Revised Arizona Purchaser Dwelling Act Changes Rules for Construction Defect ClaimsUpdatesWhen 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.
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01.13.2015Terrorism Insurance: Steps for Policyholders After TRIA’s ReauthorizationUpdatesReacting 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.
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12.23.2014Need Terrorism Coverage? Take Action Before January 1, 2015UpdatesThe 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.
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09.18.2014Seattle Residential Landlords—New Registration and Inspection RequirementsUpdatesThe 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.
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09.17.2014Retail Leasing: 'Tis The Season to Make Your List and Check It TwiceUpdatesThe 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.
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09.08.2014California Energy Commission Delays Compliance With Energy Disclosure Program for Smaller Nonresidential BuildingsUpdatesThe California Energy Commission (CEC) implemented the Nonresidential Building Energy Use Disclosure Program in two phases.
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09.02.2014Insurance Coverage for Businesses Affected by the Napa EarthquakeUpdatesAs 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.
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12.19.2013California Energy Commission Provides Guidance for New Nonresidential Building Energy Use Disclosure ProgramUpdatesThe 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.
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10.2013Restricting Expressive Activities in CA Shopping CentersArticles
Commercial Leasing Law & Strategy
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. -
08.16.2013California Energy Commission Delays Implementation of Nonresidential Building Energy Disclosure RegulationsUpdatesOn 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.
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07.22.2013USCIS Releases New Policy Memorandum for EB-5 ProgramUpdatesFollowing 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.
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07.01.2013California Lease Disclosure Requirements Regarding ADA Accessibility Now in EffectUpdatesBeginning 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.
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05.22.2013Insurance Coverage for Businesses Affected by the Oklahoma TornadoUpdatesMany 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.
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05.17.2013In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road AheadUpdatesIn 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.
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05.09.2013California Energy Commission Amends Nonresidential Building Energy Disclosure RegulationsUpdatesThe California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007.
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04.24.2013Illinois Supreme Court Issues New Rules Affecting Mortgage ForeclosuresUpdatesThe 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.
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09.11.2012An Addition to Your Holiday List: Seasonal Tenants and Lease ReviewsUpdatesRetail 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 -
07.17.2012LIBOR Rate-Fixing Scandal Deepens as Potential Plaintiffs Consider Legal OptionsUpdatesIn 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.
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06.05.2012Senate Bill Introduced to Make EB-5 Regional Center Program PermanentUpdatesOn 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.
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12.30.2011California Supreme Court Upholds Legislation Dissolving Redevelopment Agencies and Invalidates the Voluntary "Opt In" Payments That Would Have Allowed Such Agencies to ContinueCalifornia Redevelopment Association v. Matosantos Commercial Corporation (No. S194861)UpdatesThe 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.
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10.06.2011EB-5 Immigration Investments: Startup Visas Discussed in Congressional HearingUpdatesOn 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."
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09.29.2011EB-5 Investments: The New "Old" Alternative Finance ToolUpdatesIs 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.
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08.24.2011Oregon Adopts New Rules for Highway AccessUpdatesA new access management bill was passed into law in Oregon's 2011 legislative session that will revolutionize highway access permitting in Oregon.
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09.13.2010Building Owners and Managers Association (BOMA) Enacts New Measurement Standards for Office BuildingsUpdatesEarlier this year, the Building Owners and Managers Association (BOMA) International adopted new measurement standards for office buildings.
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08.18.2010The Financial Reform Act: Section 1075 Changes the Rules Related to Credit and Debit Card UseUpdatesOn 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.
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03.25.2010IRS Provides New Safe Harbor for Section 1031 Exchanges Using Qualified IntermediariesUpdatesThe 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.
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02.23.2010Colorado Court Upholds Charging a Prepayment PremiumUpdatesOn 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).
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02.19.2010A Matter of CommitmentArticles
The Deal
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12.2009You May Not Be as Exclusive as You ThinkArticles
Retail Law Strategist, Volume 9, Issue 8
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09.16.2009Loss of Shopping Center Tenants – What Can You Do To Salvage Your Holiday Season?UpdatesA 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.
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03.02.2009Economic Stimulus Bill Provides First-Time Homebuyers With Expanded Tax CreditUpdatesThe 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.
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02.23.2009Economic Stimulus Bill Provides Energy Tax Incentives and Relaxes Tax Rules for BusinessesUpdatesThe 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.
Presentations
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02.07.202434th Annual Land Use & Development Law Lunch Briefing and WebinarSpeaking EngagementsSeminar and WebinarA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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01.31.202333rd Annual Land Use & Development Law Lunch Briefing and WebinarSpeaking EngagementsSeminar and WebinarA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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01.19.202232nd Annual Land Use and Development Law BriefingWebinarsA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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01.19.2022
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12.02.2021Housing Law: Housing Elements, Density Bonuses and Affordable HousingSpeaking Engagements
County Counsels' Association of California Land Use Study Section Fall 2021 Conference / Monterey, California
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05.20.2021Land Use and Development - Case Law UpdateSpeaking EngagementsCounty Counsels Association of California
Land Use Spring 2021 Study Section Meeting -
03.12.2021
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01.26.202131st Annual Land Use Land Use & Development Law BriefingWebinarsA 90-minute multi-panelist briefing on the recent evolution of land use, planning, CEQA, and environmental law in California.
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12.10.2020
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12.10.2020
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12.03.2020Annual Land Use & Development Case Law UpdateSpeaking EngagementsCounty Counsels' Association of California
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10.07.2020
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07.28.2020#WeGotThisWA Series: COVID-19 Lease Amendment ToolkitSpeaking EngagementsSeattle Metropolitan Chamber of Commerce / Webinar
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06.11.2020Webinar: COVID-19 Testing in the WorkplaceWebinarsOn 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.
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05.08.2020School Districts and the State Environmental Policy Act (SEPA): Tips and Tactics for SuccessWebinarsJoin 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.
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04.16.2020Answers to COVID-19 Questions: What We Are SeeingWebinars
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.
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01.22.2020; 01.30.2020; 02.04.2020; 02.06.202030th Annual Land Use & Development Law Lunch Briefing
Seminar Presenter
Walnut Creek, CA
San Francisco, CA
Palo Alto, CA -
12.19.2018Old Brands, New Brands, Too Many Brands? A Real Estate Lawyer's Introduction to the Strange World of Hotel Franchise AgreementsWebinarsExplore 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.
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05.16.2016Air Toxics SeminarSeminarsAssociated Oregon Industries / Portland, OROn 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.
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05.13.2015Master and Special Servicer Interfaces with Borrowers and Each OtherSpeaking Engagements
Panelist
CREFC Commercial Real Estate Finance Summit – West / Santa Monica, CA -
04.08.2014