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MedMen’s Illegality Defense: Will the Court Take the Case?

Can claiming you broke the law get you out of a contract? Illegality And Unforceability- MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more

Real estate developers can breathe easier: Senate’s Inflation Act does not strangle “promotes”

The United States Senate passed the Inflation Reduction Act of 2022 (Act) on August 7, 2022. As introduced in the Senate, the Act included a provision regarding carried interests (known to real estate developers as...more

C-PACE Offers Benefits for Energy Efficient Properties in Many States

Regardless of arguments as to its cause, climate change is real and its negative effects on health and the environment are evident. And although there exist legal directives that certain businesses must meet to increase...more

ASTM’s 2021 Standard Soon to be Referenced in EPA’s All Appropriate Inquiries (AAI) Rule

In November, 2021, the American Standard for Testing and Materials (ASTM) published its E1527-21 (-21 Standard), its 2021 update to its Standard Practice for Environmental Site Assessments: Phase I Environmental Site...more

IRS Proposes New Like-Kind Exchange Regulations

The 2017 Tax Cut and Jobs Act (TCJA) limited like-kind exchanges occurring after 2017 to “real property held for productive use in a trade or business or investment if such real property is exchanged for real property of a...more

The Maui “Functional Equivalent” Point Source Test

On April 23, 2020, the United States Supreme Court issued its opinion in County of Maui v. Hawaii Wildlife Fund, 590 U. S. ____ (2020), holding that, when pollutants originate from a point source, but are conveyed to...more

What Should Landlords and Tenants be Doing in the Face of the COVID-19 Pandemic?

Health and Safety First - This cannot be more obvious. The health and safety of employees, tenants, their employees, and guests is first and foremost. Review Your Leases - Maintenance and Cleaning - Review your...more

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