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Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Is There a Silver Lining with Hurricane Irma?

by Wilson Elser on

On September 10-11, 2017, Florida was pounded by Hurricane Irma. It appears that only northwest Florida was spared the wrath of this storm. Landfall occurred near Cudjoe Key in south Florida and for the next 24 hours the...more

OTA & Travel Distribution Update - Sep. 15th, 2017

by Garvey Schubert Barer on

Our weekly OTA & Distribution Update for the week ending September 15, 2017 is below. The week’s short Update features a heavy dose of OTA stories...more

Time for a Reminder

by Hogan Lovells on

Timing is everything, they say, and nowhere is that more true than in the law of contract, where a failure to meet a deadline can have serious commercial and practical ramifications for the parties. In this blog Tim Reid has...more

Selling or Buying an HUD Financed Nursing Home or Assisted Living: A Baker's Dozen Tips for TPA Transactions

by Baker Ober Health Law on

Interest rates are on the rise after being low for so long. Owners have taken advantage of those long-term, low fixed-rate loans insured under HUD Section 232 in record numbers. It is possible to keep those below-market loans...more

Are Transfers Of Membership Interest In A Single Member LLC Subject To The Deed Recording Fee?

On August 28, 2017 the South Carolina Department of Revenue published Rev Rule #17-5, which updated Rev Rule #15-3 (the “Rev Rul”). The Rev Rul deals with the application of the deed recording fee on real estate...more

Understanding Business Interruption Insurance and Wide-Impact Catastrophes

In the wake of Hurricanes Harvey and Irma, policyholders can expect insurers to put forward strong objections to some of the most consequential claims asserted by insureds. - Takeaways - In construing policy language...more

Not So Fast—Your Oil and Gas Lease Primary Term May Be Longer Than You Thought

by Blank Rome LLP on

Energy Industry Update - Action Item: Oil and gas leases in Pennsylvania may have a primary term longer than that stated in the lease. The Superior Court has recognized that an argument can be made that time for notice and...more

Builder's Risk Insurance: Resurrecting the Project After the Storm - Best Practices for Securing Coverage for Project and Claim...

by Holland & Knight LLP on

• Catastrophic storms such as Hurricane Harvey and Hurricane Irma invariably cause property damage, schedule delays and other "soft costs" when they hit during a project's construction. • Owners and contractors engaged in...more

Are Contractor Joint Ventures the Next Development in Development?

by Reed Smith on

The construction industry is witness to some fascinating developments, particularly around trophy properties in prime US coastal cities. Within the US –and California particularly- we’re seeing a large number of reputable,...more

Not for Bermuda Only—"Bermuda Form" Pollution Insurance for Hurricanes Harvey and Irma

by Jones Day on

If your company has insurance under the so-called "Bermuda Form" of liability insurance, it might have coverage for property damage or personal injury that otherwise might be excluded by a pollution exclusion. But prompt...more

Informal Description Dooms Oil and Gas Leases

by Gray Reed & McGraw on

Conoco Phillips Company v. Ramirez et al is a helpful reminder when preparing a document transferring title: “Family vernacular” is a great way to communicate in wedding toasts and funeral eulogies, not so much in land...more

Handling Assignment of Benefit ("AOB") Claims in the Wake of Hurricanes Irma and Harvey

Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and wind to Georgia, North Carolina, and South Carolina. As insurers handle thousands of property damage...more

When Can an Outside Attorney Serve as a Special Litigation Committee in an LLC Derivative Suit? When the Parties’ Contract Says...

In a decision handed down on August 15, 2017 by the New York Appellate Division First Department, the court endorsed the practice of the appointment of a Special Litigation Committee (SLC) by a limited liability company (LLC)...more

Hurricane Harvey and Irma: Is Your Company Prepared for a Disaster? The Property and Business Interruption Insurance Checklist

An unexpected or catastrophic loss can force any company out of business, even if it is insured. You must understand your company’s risks and how your insurance policies cover those risks in order to manage them and maintain...more

Will the National Flood Insurance Program (NFIP) be reauthorized, extended, or what?

by Downey Brand LLP on

The National Flood Insurance Program (NFIP) will expire at the end of the month. For anyone that has read the newspaper lately, this is a lousy time for the program to expire with two hurricane’s bearing down on the Eastern...more

The North Carolina Uniform Power of Attorney Act: A Practical Introduction for Real Estate Practitioners

by Ward and Smith, P.A. on

Can we all agree that dealing with a power of attorney in North Carolina has long been, at best, a frustrating experience? Well, help is on the way! On July 20, 2017, Governor Cooper signed Senate Bill 569, "An Act to Adopt...more

Hurricane Irma: Maximizing Insurance Recoveries

Hurricane Irma’s epic scope and wind speed suggest that affected businesses and other organizations take immediate and proactive steps to maximize insurance recovery....more

Hurricane Irma: Take A Hard Look At Force Majeure Clauses And Your Business Risks

With Hurricane Irma approaching Florida, people are naturally focused on preparations for its arrival and the potential adverse impacts that it will have. For businesses, that should include analysis of contractual...more

Rebuilding: Construction Considerations in the Wake of Disaster

by Jackson Walker on

Southeast Texas has started to move from immediate recovery, including evacuations and draining of flood waters, to removal of water-damaged materials in homes and business and preliminary efforts to start rebuilding....more

Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

by Snell & Wilmer on

Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally....more

HVCRE: The Continuing Saga of Lenders

by Bryan Cave on

Bryan Cave attorney Jerry Blanchard joins hosts Jonathan Hightower and Rob Klingler in the studio today to discuss High Volatility Commercial Real Estate (HVCRE) loans....more

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Commercial landlords beware! Time to modify your lease form allowing encumbrance of tenant’s interest?

by Thompson Coburn LLP on

The California Court of Appeal recently held that a lender that took possession of a defaulting tenant’s premises and then transferred its interest to a third party was not liable to the landlord for future rent. In BRE DDR...more

The Importance of Documenting Flood Damage

by Jackson Walker on

As the effects of Hurricane Harvey begin to dissipate, a number of you have asked another important, practical question: Can I and should I start making temporary repairs and/or removing damaged items from my home?...more

New Law That May Affect Hurricane Harvey Claims Takes Effect Sept. 1

by Holland & Knight LLP on

While insurance claims may be far from the first priority for clients affected by Hurricane Harvey, a new law takes effect on Sept. 1, 2017, that may affect first-party property insurance claims stemming from Harvey, floods...more

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