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Moore & Van Allen PLLC

Commercial Real Estate FAQs for European Companies Considering a U.S. Presence

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Many European companies have established operations in the United States for the first time in recent years. Because North Carolina offers an abundance of natural benefits, including excellent infrastructure and a skilled...more

Houston Harbaugh, P.C.

Ohio Court of Appeal Addresses Whether Gathering and Transportation Are Separate and Distinct Post-Production Activities

Houston Harbaugh, P.C. on

As we approach the 20th anniversary of the Marcellus Shale play, one issue remains constant: the ongoing debate over the deduction of post-production costs. Landowners all across Pennsylvania have spent countless hours...more

Womble Bond Dickinson

[Webinar] Decommissioning And End-Of-Life Considerations For Solar And Wind Projects - December 6th, 9:00 am PT

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First-generation solar and wind projects are quickly reaching the end of their useful lives. At the same time, an unprecedented number of new renewable-energy projects will be installed in the coming years. During this...more

K&L Gates LLP

Commercial Leases - First Semester 2023 Case Laws Digest

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Commercial lease law is constantly evolving, with court rulings providing particularly interesting insights into the negotiation and management of commercial leases. Our selection of some of the High Court’s major decisions...more

Houston Harbaugh, P.C.

Federal Court In Ohio Rules That Driller Must Establish Marketability of Each Gas Product Under Market Enhancement Clause

Houston Harbaugh, P.C. on

Let’s assume you own 95 acres in Greene County, Pennsylvania. In 2019, you signed an oil and gas lease with ABC Exploration. During the negotiations, you agreed that only those post-production costs which actually...more

Alston & Bird

Texas Legislature Creates Cause of Action for Bad-Faith Washout

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Our Oil & Gas Team reviews a new Texas law that changes the landscape for oil and gas operators that want to release leases subject to an overriding interest....more

Snell & Wilmer

Arizona Supreme Court Confronts Applicability of State Ad Valorem Tax on Tribal Land

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On April 26, 2022, the Arizona Supreme Court issued a significant unanimous decision addressing the applicability of a state ad valorem property tax on a power plant located on Indian land. The Arizona Supreme Court held that...more

Searcy Denney Scarola Barnhart & Shipley

7 Things to Know About Defective Products & Product Liability Cases

The short answer is “no.” In fact, the very term “automatically” is rarely found when discussing legal duties of any kind. There are conditions that must be met in order to successfully claim that a landlord is legally...more

K&L Gates LLP

COVID-19: (Australia) NSW Government updated Retail and Other Commercial Leases – September Update

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*This information is accurate as of 12:00pm Monday 27 September 2021 and is subject to change as this situation evolves. On 25 August 2021, we issued an update regarding recent changes. The alert below provides an updated...more

Conyers

Alternative Financing in the Shipping Industry

Conyers on

In the decade since the global financial crisis, ship financing has undergone considerable change. Traditionally, debt financing with banks and equity financing were the most common methods used by shipping companies to raise...more

Bradley Arant Boult Cummings LLP

Landlords Must Disclose Foreign Ownership to Federal Lessees

Some federal lessees now must require their landlords to identify and disclose certain foreign owners, under a new interim rule from the General Services Administration (GSA). The rule — effective June 30, 2021 — is yet...more

Nossaman LLP

Podcast: Market Rent Adjustment Provisions in Long-Term Ground Leases

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In this episode of Digging Into Land Use Law, Nossaman Real Estate Group Co-Chair David Graeler and associate Maya Hamouie discuss myriad problems that may arise when a market rent adjustment provision in a long-term ground...more

Health Care Compliance Association (HCCA)

Goran Musinovic on Healthcare Real Estate Compliance

Goran Musinovic is Vice President of the Realty Trust Group in Knoxville and co-author with Michael Honeycutt and Gregory Gheen of the Chapter “Contracts with Referral Sources: Real Estate Compliance” in the new Health Care...more

K&L Gates LLP

Commercial Court Rejects Frustration Argument in Aviation Leasing Dispute

K&L Gates LLP on

SUMMARY - The English Commercial Court has emphasized the difficulties airline operators and aviation lessees could face in seeking to rely on the common law doctrine of “frustration” in order to avoid their payment...more

K&L Gates LLP

COVID-19: (Australia) Amendments to NSW Regulations for Commercial Leases

K&L Gates LLP on

*This information is accurate as of 5.00pm on Friday 10 July and is subject to change as this situation evolves. In a previous alert, we addressed the National Code of Conduct. On 24 April 2020, the Retail and Other...more

Vedder Price

LIBOR Benchmark Replacement – “it’s time to get off the SOFR” – an overview of the impact of LIBOR transition on aircraft...

Vedder Price on

It’s time to face up to the fact that financial market participants will soon no longer be able to rely on LIBOR. No one can claim that this comes as a surprise. In 2014, in response to concerns about the reliability and...more

Holland & Hart LLP

California Pushes the Environmental Envelope - Sets in Motion Stricter Vapor Intrusion Regime

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California has proposed new statewide vapor intrusion guidance that will make an already aggressive approach to regulation and management even more rigorous. If the guidance in its current form is finalized, it will mean more...more

Moritt Hock & Hamroff LLP

Equipment Lessor's Damages Calculation Ruled Unenforceable

In a related update, we called attention to risks and pitfalls to lenders and lessors when seeking prepayment premiums and other charges upon the occurrence of an event of default: Lenders Beware: Acceleration May Defeat...more

Holland & Knight LLP

Are Lessors Responsible for Interference With Lessee Quiet Enjoyment Rights?

Holland & Knight LLP on

In the course of an aircraft lease negotiation, the lessee will typically seek to ensure that the lessor provides an express covenant to the lessee that for so long as no default has occurred and is continuing under the...more

Cozen O'Connor

New Pennsylvania Personal Income Tax Withholding Requirements

Cozen O'Connor on

Effective December 29, 2017, Pennsylvania imposes new Personal Income Tax (PIT) withholding obligations on certain lessees of non-residential real property and non-employer payors of Pennsylvania source compensation and...more

Jones Day

Italy: New Rules on Financial Leases Provide Clarity

Jones Day on

Law no. 124 of August 4, 2017 ("Law 124") provides important new rules on financial leases in Italy. It introduces a statutory definition of "financial lease" and deals with the event of serious breach (grave inadempimento)...more

Gray Reed

Have You Reviewed Your Lease Maintenance Processes Lately?

Gray Reed on

You might conclude that the but-for-the-grace-of-God-that-could-be-me nightmare presented in In re: RPH Capital Partners is instructive only for lawyers. If so, you would be mistaken. The lesson: If you want to win the...more

Williams Mullen

The Cost of Clarity: IRS Issues Regulations Addressing Proper Treatment of Code Section 50(d) Income

Williams Mullen on

On July 21, 2016, the IRS issued long-awaited regulations under Section 50 of the Internal Revenue Code (the “Code”) clarifying the manner in which “Section 50(d) Income” is to be recognized in lease pass-through investment...more

Foley & Lardner LLP

IRS Issues Proposed Rules on Income Inclusion under Section 50(d)(5)

Foley & Lardner LLP on

The IRS just published long-awaited temporary regulations under section 1.50-1T governing the section 50(d)(5) income inclusion rules. These rules apply to lessees of investment credit property when the lessor elects to treat...more

McDermott Will & Emery

Investment Tax Credit Lessee Income Inclusion Guidance Issued

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New Internal Revenue Service (IRS) temporary regulations provide guidance on the income inclusion rules that apply when a lessor elects to treat a lessee as having acquired investment credit property under Treas. Reg. §...more

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