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Important Deadlines Loom For Landlords Under Portland Residential Renter Protection Ordinance

For a very limited time, residential landlords can rescind some pending Notices of Termination and Notices of Rent Increases that would otherwise trigger Relocation Assistance under Portland’s new Renter Protection...more

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

Public Private Partnerships: Securing Payment for Labor and Materials

What happens to contractors and subcontractors who are without lien rights when a private developer is building on public land with private money? A recent court decision clarified the parties’ rights and obligations for...more

Lawsuit Proceeds Against Monsanto for Manufacture of PCBs

Last year, we told you about a lawsuit brought by three California cities against Monsanto Company, alleging that Monsanto is liable for PCB (polychlorinated biphenyl) contamination in San Francisco Bay. The cities—San Jose,...more

EPA Publishes New TSCA Framework Rules

The revised Toxic Substances Control Act (TSCA) was enacted in June 2016. TSCA requires the U.S. Environmental Protection Agency (EPA) to finalize several “framework” rules by June 2017. Recently, EPA published three of these...more

Texas Supreme Court Rules Pipeline Can Take Land by Eminent Domain

On January 6, the Texas Supreme Court ruled that the Denbury Green Pipeline-Texas LLC (“Denbury Green”) could take private property by eminent domain. In Denbury Green Pipeline-Texas LLC v. Texas Rice Land Partners Ltd., the...more

Comment Period Begins for EPA CERCLA 108(b) Bonding Rule for Hardrock Mining Industry

On January 11, 2017, the Environmental Protection Agency’s proposed rule for financial assurance requirements under Section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act for the hardrock...more

Company that Sold Land for Casino Says It Was Gamed Out of Rightful Price

The Massachusetts Gaming Commission has a big fight on its hands with the guys who sold the land for a casino in Everett to Steve Wynn. If the commission loses, it could be out millions of dollars....more

The Pitfalls of Pithy Latin Phrases

Crack open any law dictionary worth its salt and you will find the Latin phrase “Qui Tacet Consentire Videtur” or “He who is silent appears to consent.” Do not be fooled – context matters – a pithy Latin phrase is not a...more

OTA & Travel Distribution Update – Dec. 9th, 2016

Our weekly client OTA & Travel Distribution Update for the week ending December 9, 2016 is below. Nothing too earth shattering this week, so we will keep things short . . ....more

Off Premises Catering Permits Updated Under Act 39

It is that time of year to apply for your Off Premises Catering Permit. Applications for these permits, which allow licensees to cater off their licensed premises and serve alcohol, are submitted through the PLCB+ online...more

South Carolina Economic Development Incentives for Warehouse and Distribution Operations

South Carolina offers a wide variety of economic development incentives to businesses seeking to locate or expand in the state. This incentive array focuses on certain types of businesses the state wishes to attract. One such...more

EPA Proposes To Tighten MACT Limits For Kraft Mills

On December 14, 2016, EPA signed its proposed Kraft Pulp Residual Risk and Technology Review rule covering 40 C.F.R. Part 63, Subpart MM (a.k.a. “MACT II”) for recovery furnaces, lime kilns and smelt dissolving tanks at kraft...more

Strict Compliance with Performance Bonds

Performance bonds and bank guarantees are commonly used as forms of security under construction and engineering contracts. Calling on a performance bond or bank guarantee requires, in most countries, "strict" compliance with...more

New Mexico Department of Game and Fish Challenges U.S Fish and Wildlife’s Release of Mexican Wolves

Pending before the U.S. Court of Appeals for the Tenth Circuit is the U.S. Fish and Wildlife Service’s (“Service”) appeal from a district court decision enjoining the Service from releasing Mexican wolves into New Mexico...more

Port Jervis, NY Sued by DOJ; Settles Two Days Later

The City of Port Jervis, New York has agreed to settle a federal lawsuit filed by the United States Department of Justice (DOJ) alleging that the City’s revision to its zoning code violated the Religious Land Use &...more

Real News - Autumn 2016

Today the internet could not be more central to everything we do. It is a prime example of the impact of technology on our lives and the best illustration that we ignore technology at our peril. That applies to the old...more

Court rejects contractor’s mechanic’s lien because of ‘intent’

The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as...more

CVS Pharmacy: (W)ealth is Everything?

Today, a CVS Pharmacy located in Naples, Florida on the way to Marco Island, Florida is open for business. While this may spell good news for tourists in need of sunscreen and the seasonal “snow birds” picking up their...more

Ohio Supreme Court Rules No Compensable Taking Occurred as a Result of Filming Captain America: The Winter Soldier in Downtown...

Earlier this month the Ohio Supreme Court ruled that reduced access to a downtown Cleveland parking lot did not constitute a compensable taking under the Ohio Constitution. The case arose after the City of Cleveland granted a...more

Last Call for Opt-Out: Summary of Condominium Sprinkler Retrofit Requirements and Opt-Out Provisions

The deadline for opting-out of the Condominium Sprinkler Retrofitting Requirements is December 31, 2016. The following is a general summary of the state of the law for those who still need to opt–out or who want to review...more

Due diligence checklist for commercial real estate acquisitions

Due diligence is a comprehensive, complex, and critical stage in any commercial real estate acquisition. You don’t want to leave any stone uncovered, and you want the most time available to review all documents and look for...more

Florida Development Permits Eligible for Extensions Due to Storms and Other Conditions

In accordance with Section 252.363, Florida Statutes, when the governor declares a state of emergency in Florida, the time to exercise rights under a permit, authorization or development order is tolled and an opportunity to...more

The Future of Airbnb in New York

One of the most controversial and popular topics in real estate today involves Airbnb, the online home rental service, and the concept of transient rentals. In New York City, Airbnb’s largest market in the United States, this...more

Eight Ways Your Wine Business Can Avoid, Survive Unfair-Competition Actions

California counties in winemaking regions are increasingly using the state’s Unfair Competition Act (Business & Professions Code Section 17200 and 17500) to bring government enforcement actions against local wine industry...more

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