Securities Construction

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First Reg A Issuer to Complete State Review Process Would Do It Again

This Growth Capital Investor article references Smith Anderson attorneys Benji Jones and Merrill Mason. A company that focuses on micro-lending for independent builders in real estate is now the first Reg A issuer to...more

Using condo hotels for financing new hotel development: The traditional condo hotel structures as “non-securities”

A properly structured deal is critical to success - Perhaps the greatest satisfaction of working in the real estate industry is that a single transaction can produce so many winners. Properly structured deals can offer...more

Notes From The 2114 Securities Law Conference

Courtesy of Professor Emmett Brown, I recently attended the 2114 Securities Law Conference and I must say that I was heartened by what I heard there and then. Here are some of my notes from the conference...more

Will This SEC Rule Boost CRE Crowdfunding?

The Securities and Exchange Commission (SEC) recently adopted a new rule that marks good news for condo-hotel developers. In the last real estate cycle, condo hotels were popular among domestic and international investors in...more

SEC Issues Additional FAQs On Engineering Exclusion From Municipal Advisor Rules

We have reviewed prior SEC guidance on the municipal advisor rules, from a view point of structuring a business to avoid a municipal advisory role. The SEC has now issued additional FAQs, including on the engineering...more

Beyond Real Estate: Publicly Traded Homebuilders (And Other Public Companies) Must be Aware of Cybersecurity and Data Breach...

Generally speaking, publicly traded homebuilders and other public companies must disclose material information in their SEC filings. “Information is considered material if there is a substantial likelihood that a reasonable...more

Grayson: Only 1 Agency Should Regulate Wall Street  [Video]

July 10 (Bloomberg Law) -- U.S. Representative Alan Grayson, Democrat from Florida, tells Bloomberg Law's Lee Pacchia that the government missed an opportunity in the midst of the financial crisis to consolidate the...more

Mitigating the effects of insolvency in construction contracts

A review of the mechanisms available to insulate yourself from the effects of insolvency when contracting. This seminar was held at BPE Solicitor LLP's offices in Cheltenham, UK, on 8 April 2011 in conjunction with...more

LLC Contractor License Bill Moves One Step Forward

A lot of bills didn’t make it out of the legislature by the August 31 deadline. However, SB 392 (Florez) was one of the fortunate few to make it to enrollment. Please see full article below for more information. ...more

Anti-Corruption Laws & Compliance

This articles reviews recent anti-corruption efforts affecting energy and infrastructure companies, and discusses key elements associated with compliance programs....more

Accounting Boards Take Aim At Leases

The Financial Accounting Standards Board and the International Accounting Standards Board are proposing significant changes to real estate lease accounting. At the prodding of the Securities and Exchange Commission, the...more

Washington Supreme Court Holds Statutes of Limitations Do Not Apply to Arbitration Proceedings

A narrowly-divided Washington State Supreme Court has held that an arbitration panel cannot apply the state statutes of limitations to bar a claim, unless the parties have contractually agreed to allow the arbitrators to do...more

Dimalanta Clark, LLP Newsletter

Dimalanta Clark, LLP publishes a quarterly firm newsletter discussing various topics in the law. This issue includes an article co-authored by founding partner, Lee W. Clark, and Senior Associate, Lisa A. Lenoci that...more

OPERATIONS: The Subprime Crisis: Will the feds show up at your doorstep? By: Robert R. Calo

The subprime mortgage crisis is unique in America’s array of economic downturns. There have been banking crises on Wall Street (most recently, the Savings and Loan scandal) and real estate and mortgage crises on Main Street,...more

Compuware Corporation v. Moody's Investor Services, Inc.

Opinion in Compuware v. Moody's

Under typical circumstances, the First Amendment protects ratings agencies, unless there was actual malice. This decision affirms the dismissal of a claim brought against a rating agency and provides an excellent...more

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