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Federal Banking Agencies Release New NPR Expanding HVCRE Proposed Rule
On July 12, 2019, the federal banking agencies[1] released a notice of proposed rulemaking (July NPR) regarding the capital treatment of certain loans that finance land improvements
United States
24 Jul 2019
What Are The Top Hatch-Waxman And BPCIA Developments For November 2018?
This month we highlight two reversals by the Federal Circuit and a summary judgment of indefiniteness from New Jersey.
United States
14 Dec 2018
On Human Bondage And Christian Doctrine
To be clear, the bondage here is the bond requirement under Federal construction contracts, and the doctrine does not appear in the catechism but in the Court of Claims' old decision...
United States
12 Nov 2018
What Are The Top Hatch-Waxman And BPCIA Developments For October 2018?
This month we highlight a new law requiring notification to the Federal Trade Commission and Department of Justice of biosimilar litigation settlements and perhaps the end of a long-running Mylan venue dispute in Delaware.
United States
9 Nov 2018
Opportunity Zone Proposed Regulations Issued – Provide Much Needed Clarification And Guidance
On October 19, 2018, the U.S. Treasury Department and IRS issued long-awaited and much anticipated proposed regulations relating to the OZ Fund rules contained in Section 1400Z-2 of the Internal Revenue Code.
United States
24 Oct 2018
A Deal You Can't Refuse: North American Landscaping And Voiding A Signed Release Because Of Duress
As a general rule, when a contractor signs a full settlement and release with respect to a dispute with the Government, the dispute is considered settled, and the Government is released...
United States
19 Oct 2018
Agencies To Conform HVCRE Exposure Definition To New Law
As reported in a prior Client Alert, new federal legislation enacted into law on May 24, 20181 narrows the types of acquisition, development, and construction loans that may be subject to a heightened risk weight under the U.S. capital rules.
United States
27 Sep 2018
HVCRE Exposures: New Regulatory Guidance
As reported in a prior Client Alert, financial services reforms enacted into law on May 24, 2018,1 clarified the treatment of acquisition, development, and construction ...
United States
31 Jul 2018
The President's "Infrastructure Plan" Has Been Revealed… But What Does It Really Mean?
Several weeks ago, the Trump Administration revealed its long-awaited plan for renewing US infrastructure with the release of its Legislative Outline for Rebuilding Infrastructure in America ("Outline").
United States
20 Jul 2018
A&J Manufacturing v. ITC: Federal Circuit Affirms ITC Decision in Outdoor Grills Case
On December 9, 2016, following oral arguments two days earlier, the Federal Circuit affirmed, without opinion, the ITC's decision concerning claim construction...
United States
20 Dec 2016
Department Of Labor's "Novel" Reading Of The Davis Bacon Act Fails Again
On April 5, 2016, the U.S. Court of Appeals for the District of Columbia held that the Davis-Bacon Act and its higher wage requirements do not apply to the development of the CityCenterDC project...
United States
19 Apr 2016
CEQA Doesn't Operate In "Reverse" (Usually)
It's not quite Star Wars, but in the world of land use, this counts as a blockbuster.
United States
4 Jan 2016
It’s Not Unusual: California Supreme Court Declines To Expand "Unusual Circumstances" Exception To CEQA Categorical Exemptions
The California Supreme Court overturned a Court of Appeal’s decision that would have severely limited public agencies’ ability to rely on commonly used "categorical exemptions" from CEQA’s environmental review mandates.
United States
9 Mar 2015
Take That! Second District Court Of Appeal Clears Major Hurdles For Newhall Ranch Project, Provides Guidance On California’s "Fully Protected Species"
California’s Second District Court of Appeal issued a decision on March 20 in "Center for Biological Diversity v. Department of Fish & Wildlife".
United States
9 Apr 2014
California Green Building Code Update: Coming To A Location Near You
Effective August 1, 2009, the California Green Building Standards Code (“Green Building Code”) will govern the planning, design, operation, construction, replacement, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such building structures throughout the State of California.
United States
10 Aug 2009
Green Buildings: Coming To A Location Near You!
California has again taken the lead in developing regulations to reduce our carbon footprint, this time taking aim at buildings, the source of over one third of the State’s greenhouse gas emissions.
United States
30 Jul 2008
Composite Wood Products “Across-the-Board” Face New California Limits On Formaldehyde
California has imposed stringent new limits on formaldehyde emissions from composite wood products and finished goods. The new standards will apply to manufacturers, distributors, importers, fabricators, and retailers.
United States
2 May 2007
Hot Water For New Development!
The California Supreme Court’s decision in Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (Vineyard) turns up the heat on the vexing question of how future water supply for proposed projects must be analyzed under the California Environmental Quality Act (CEQA).
United States
14 Feb 2007
Potential for "Urban Decay" Must Be Analyzed Under CEQA
Water contamination and air pollution, now recognized as very real environmental problems, initially were thought to be nothing more than the exaggerated concerns of overly enthusiastic environmentalists.
United States
10 Aug 2006
To Pay and Protest or Not to Pay and Protest: California Supreme Court Decision Clarifies Remedies in Mitigation Fee Act Challenges
The California Supreme Court recently issued an important decision clarifying the rights of developers who file lawsuits under California’s Mitigation Fee Act challenging fees that are imposed on new development projects. The Legislature enacted the Fee Act (Government Code sections 66000-66025) in 1996 in response to concerns that some local agencies were imposing excessive fees on new developments.
United States
20 Jan 2006
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