The tightening in lending standards experienced over the last year is attributable to factors beyond credit quality of borrowers and lenders’ concentration in credit risk in CRE, namely: (1) lenders’ expectation …
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/ Finance & Banking, Real Estate - Commercial
A recent uptick in Proposition 65 notices of violation have targeted California restaurants. These notices are issued from a particular private enforcer (or bounty hunter), but such trends often prompt others to follow suit…
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/ Consumer Protection, Environmental Law
Time is running out. We are now in the 4th quarter of 2024 and despite legal challenges and proposed actions in the legislature, the year-end Corporate Transparency Act (“CTA”) reporting deadline remains incumbent upon Reporting…
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/ Business Organizations, Finance & Banking
Artificial Intelligence (“AI”) has roared into the discourse of the new economy. While the construction industry has lagged behind in its implementation, there is no doubt that AI has become an inescapable reality. Opportunity…
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/ Commercial Law & Contracts, Construction Law, Science, Computers, & Technology
Many well-meaning businesses have been victims of unscrupulous promoters of Employee Retention Credits (“ERC”). The promoters have facilitated the filings of ERCs to which the employers may not necessarily be entitled. The IRS…
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/ Administrative Law, Business Organizations, Taxation
The Federal Trade Commission’s effort to ban non-compete agreements has been upended by a U.S. District Judge in Texas. As a result, the non-compete ban will not go into effect nationwide…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
As many contractors know, whenever doing federal projects there might be a nagging feeling in the back of your mind. What exactly does my contract say? What type of plan do I need to address environmental concerns? You might…
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/ Construction Law, Environmental Law, Government Contracting
In 2023, despite aggressive predictions of a near-term recession, the economy remained relatively steady. This resulted in an uneven year for restructuring. Substantial money has been raised in the private credit markets and…
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/ Bankruptcy, Business Organizations, Finance & Banking, Health
On July 3, 2024, a United States District Judge for the Northern District of Texas granted a stay and preliminary injunction on the United States Federal Trade Commission’s near-total ban on noncompete agreements. See Ryan v…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
As many contractors know, whenever doing federal projects there might be a nagging feeling in the back of your mind. What exactly does my contract say? What type of plan do I need to address environmental concerns? You might…
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/ Construction Law, Environmental Law, Government Contracting
For decades, employers have depended on the rule that transferring or reassigning an employee would not give rise to an actionable discrimination claim, as long as such an action did not “significantly” change an employee’s pay…
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/ Civil Procedure, Civil Rights, Labor & Employment Law
On April 23, 2024, the Federal Trade Commission voted 3-2 to issue a final rule that bans most worker noncompete agreements. See Fed. Trade Comm’n, Non-Compete Clause Rule, RIN2084-AB74 (Apr. 23, 2024). The final rule, which…
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/ Antitrust & Trade Regulation, Labor & Employment Law
On April 23, 2024, the U.S. Department of Labor (DOL) announced that effective July 1, 2024, the salary threshold for the overtime exemption for employees employed in a bona fide executive, administrative, or professional…
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/ Labor & Employment Law
Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract. What will the warranties cover? How can they be enforced? Perhaps most importantly: how long will they be in…
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/ Commercial Law & Contracts, Construction Law
On April 5, 2024, the Securities and Exchange Commission (the “SEC”) obtained a verdict after an eight-day civil jury trial in SEC v. Matthew Panuwat (“SEC v. Panuwat”), in which the SEC alleged shadow insider trading, in…
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/ Civil Procedure, Intellectual Property, Labor & Employment Law, Mergers & Acquisitions, Securities Law