Pillsbury - Gravel2Gavel Construction & Real Estate Law

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31 West 52nd Street
United States, NY 10019, United States
Phone: 212.858.1000
Fax: 212.858.1500
Areas Of Practice
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Real Estate
  • Zoning, Planning & Land Use
Locations
Other U.S. Locations
  • California
  • D.C.
  • Florida
  • New York
  • Tennessee
  • Texas
  • Virginia
Other Countries
  • China
  • Hong Kong
  • Japan
  • Taiwan
  • United Arab Emirates
  • United Kingdom
Number of Attorneys
400+ Attorneys

Sustainability Puts Down Roots in Real Estate

Sustainability has evolved from a passing trend or niche preference into an undeniable, growing driver of the real estate market…more

Greenhouse Gas Emissions, Popular, Real Estate Development, Real Estate Market, Sustainability

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“Buy American” Executive Order Expands Potential Reach to Private Recipients of Federal Assistance

President Trump signed an Executive Order on January 31, calling on executive branch departments and agencies to encourage recipients of defined types of new federal awards to use cement, iron, steel, aluminum and certain…more

Buy America, Executive Orders, Federal Contractors, Infrastructure, Trump Administration

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Point Taken: The UK Supreme Court Finally Confirms the General Law of Liquidated Damages (LDs)

In a long-awaited decision which overturned the Court of Appeal’s ruling in the Triple Point Technology vs PTT Public Company case, the UK Supreme Court confirmed the general law of LDs, which is that—absent clear words to the…more

Construction Contracts, Contract Termination, Contract Terms, Liquidated Damages, Service Contracts

See all updates »

Bill Proposes First-Ever Federal Workforce Housing Tax Credit for Middle-Class Housing

Legislation was recently introduced to the U.S. Senate and House of Representatives proposing the creation of the first-ever Workforce Housing Tax Credit (WHTC) for middle-income housing developments…more

Affordable Housing, Construction Project, Housing Developers, Low Income Housing, Real Estate Development

See all updates »

The Emperor Has No Clothes: What We Learned About Hotel Brands During the Pandemic

Branded hotel managers are not bad people, but they’re sometimes bad managers if profitability is your objective. If you noticed that operating margins improved when brand standards were relaxed during the pandemic, and when the…more

Asset Management, Contract Terms, Coronavirus/COVID-19, Hospitality Industry, Hotel Management Agreements

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Performance Bond Primer: Need to Knows and Need to Dos

If you are a construction contractor, you deal with performance bonds as part of your business and daily work. They are necessary for almost every project you are participating or will participate in, and, along with other…more

Construction Contracts, Construction Industry, Construction Project, General Contractors, Miller Act

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FEMA and New York City are Redrawing the City’s Flood Maps

The Federal Emergency Management Agency (FEMA) and New York City have announced that they will be working together to update the City’s flood flood-300x200maps. The need for updating FEMA’s flood maps has become more than…more

FEMA, Flood Insurance, Flood Zones, Flooding, Property Owners

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Environmental Justice Update: The Justice40 Initiative

Soon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating to…more

Air Pollution, Biden Administration, Climate Change, Environmental Justice, Environmental Policies

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Build Back Better Includes Historic Expansion of the Low-Income Housing Tax Credit Program

On November 19, 2021, the U.S. House of Representatives passed the Build Back Better Act (H.R. 5376), a bill that represents a large portion of the Biden-Harris Administration’s agenda. Among other spending and tax measures, the…more

Infrastructure, Low Income Housing, Tax Credits

See all updates »

Women’s Professional Sports Continues to Grow by Courts (and Rinks) and Bounds

Earlier this year, we wrote about the surging popularity of women’s soccer in the United States, and how the sport’s growth promised to open exciting new investment opportunities in markets around the country. The Women’s World…more

Arenas and Stadiums, Basketball, Hockey, Investors, Soccer

See all updates »

Critical Materials for the Energy Transition: Of “Rare Earths” and Even Rarer Minerals

As the world pursues ambitious net-zero carbon emission goals, demand is soaring for the critical materials required for the technologies leading the energy transition. Lithium may be the most well-known of these inputs due to…more

Carbon Emissions, Energy Sector, Environmental Social & Governance (ESG), Minerals, Supply Chain

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Data Center Investment Opportunities

Due to the rapidly increasing amount of data generated and consumed on the internet, an opportunity exists for commercial real estate investors, lenders, developers, green energy providers and others to develop data center…more

Artificial Intelligence, Clean Energy, Commercial Property Owners, Commercial Real Estate Market, Construction Industry

See all updates »

Eco Oro v. Colombia and the Police Powers Exception: What Companies Should Know When Investing Outside of Their Country

In a mixed decision for international investors, the International Centre for Settlement of Investment Disputes (ICSID) recently published a tribunal’s award finding that the Republic of Colombia breached its obligations under…more

Arbitration, Environmental Social & Governance (ESG), ICSID

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Los Angeles Continues Its Push to Find Carbon-Neutral Ground

Carbon-reduction initiatives have begun to increasingly target the construction industry, particularly in light of data showing that buildings generate up to 40% of global annual greenhouse gas emissions…more

Carbon Emissions, Environmental Policies, Greenhouse Gas Emissions

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In a First-Ever Move, EPA Asks Industry and Public What Agency Regulations to Repeal, Replace or Modify

On April 13, 2017, the Environmental Protection Agency published a notice in the Federal Register seeking public comments on any “regulations that may be appropriate for repeal, replacement, or modification.” This notice…more

Corporate Counsel, Environmental Protection Agency (EPA), Executive Orders, Public Comment, Regulatory Reform

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Terra FIRRMA: How Upcoming CFIUS Reform Will Impact the Real Estate Sector

The Committee on Foreign Investments in the United States (CFIUS) is an inter-agency committee designed to review foreign investments that raise national security concerns. While you may have seen CFIUS play a role in prior…more

CFIUS, FIRRMA, Foreign Acquisitions, Foreign Investment, National Security

See all updates »

Acquisition of Distressed Loans: Bankruptcy Considerations and the 363 Sale

There are no shortage of bankruptcy considerations that must be understood by an incoming lender who acquires a distressed commercial real estate loan and whose borrower shortly thereafter files for bankruptcy protection. For…more

Bankruptcy Code, Commercial Real Estate Market, Debtors, Distressed Debt, Foreclosure

See all updates »

Microwave Transmission of Space-Based Solar Power: The Focus of New Attention

Scientists have long proposed that solar electricity generation in space could be an integral component of the world’s carbon-free future. In the 1970s, a U.S. Navy experiment showed that it might be possible to capture solar…more

Carbon Emissions, Electricity, Energy Sector, Popular, Renewable Energy

See all updates »

Do Municipal Gas Bans Slow the Clean Hydrogen Transition in Real Estate?

Clean hydrogen has the potential to play a significant role in the energy transition by serving as a carbon-free form of energy storage and heat production. In real estate, hydrogen could provide heating, replace or supplement…more

Commercial Buildings, Green Infrastructure, Housing Developers, Hydrogen Power, Natural Gas

See all updates »

Supreme Court Allows Construction to Proceed on Southern Border

On July 26, 2019, the U.S. Supreme Court ruled that the Trump administration can access $2.5 billion in Defense Department funds to replace and enhance sections of barrier along the southern border in Arizona, California and New…more

Border Security, Department of Defense (DOD), Trump Administration, US-Mexico Border Wall

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Build Back Better Includes Historic Expansion of the Low-Income Housing Tax Credit Program

On November 19, 2021, the U.S. House of Representatives passed the Build Back Better Act (H.R. 5376), a bill that represents a large portion of the Biden-Harris Administration’s agenda. Among other spending and tax measures, the…more

Infrastructure, Low Income Housing, Tax Credits

See all updates »

Preserving Cash and Incentivizing Employees During a Pandemic

As COVID-19 reverberates through the real estate and construction industries, impacted companies should revisit their employee compensation programs to preserve cash and drive performance while maintaining legal compliance…more

Compensation, Coronavirus/COVID-19, Employee Retention, Furloughs, Layoffs

See all updates »

Bill Proposes First-Ever Federal Workforce Housing Tax Credit for Middle-Class Housing

Legislation was recently introduced to the U.S. Senate and House of Representatives proposing the creation of the first-ever Workforce Housing Tax Credit (WHTC) for middle-income housing developments…more

Affordable Housing, Construction Project, Housing Developers, Low Income Housing, Real Estate Development

See all updates »

Build Back Better Includes Historic Expansion of the Low-Income Housing Tax Credit Program

On November 19, 2021, the U.S. House of Representatives passed the Build Back Better Act (H.R. 5376), a bill that represents a large portion of the Biden-Harris Administration’s agenda. Among other spending and tax measures, the…more

Infrastructure, Low Income Housing, Tax Credits

See all updates »

Update Your California Release Provisions to Include Amended Section 1542 Language

Most companies have been involved in a situation where they want to end their relationship with another company, or with an employee, and to permanently terminate their mutual obligations (e.g., a settlement agreement resolving…more

Amended Legislation, Civil Code, Creditors, Debtors, Release Agreements

See all updates »

Carbon Sequestration Can Combat Global Warming, Sometimes in Unexpected Ways

Whether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a logical…more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Environmental Protection Agency (EPA), Global Warming

See all updates »

The Real Estate Market – Warehouses, Ports and Addition by Subdivision

In episode #26 of Industry Insights podcast, Steve Hamilton joins host Joel Simon to discuss certain segments of the real estate market and related financing that remained robust in the midst of the pandemic…more

Apartments, Borrowers, Distribution Centers, Housing Market, Lenders

See all updates »

Acquisition of Distressed Loans: Bankruptcy Considerations and the 363 Sale

There are no shortage of bankruptcy considerations that must be understood by an incoming lender who acquires a distressed commercial real estate loan and whose borrower shortly thereafter files for bankruptcy protection. For…more

Bankruptcy Code, Commercial Real Estate Market, Debtors, Distressed Debt, Foreclosure

See all updates »

Natural Hydrogen May Seem New in Town, but It’s Been Here All Along

When it comes to renewable energy, hydrogen is hailed as a pivotal resource in the zero-carbon game plan. Hydrogen energy is accessible, produces lower greenhouse gas emissions and can use existing gas infrastructure to power…more

Carbon Emissions, Clean Energy, Energy Projects, Energy Sector, Greenhouse Gas Emissions

See all updates »

Prime Contractors Take Note of New California Law Imposing Liability for Subcontractors’ Employees’ Unpaid Wages

California is imposing greater responsibilities on prime contractors for nonpayment of wages and benefits by their subcontractors. On October 14, Governor Jerry Brown signed into law Assembly Bill 1701 (Thurmond), adding Section…more

Construction Contracts, Construction Industry, Contractors, Popular, Prime Contractor

See all updates »

The “Builder’s Remedy” Looms Over Bay Area Cities

Cities in the San Francisco Bay Area are frantically working to finalize their state-mandated “housing elements” in their General Plans by the January 31, 2023, deadline imposed by the California Department of Housing and…more

Affordable Housing, California, Community Development, Real Estate Development, Urban Planning & Development

See all updates »

1 De Haro: A Case Study on Successful Cross-Laminated Timber Design and Construction in San Francisco

At the intersection of San Francisco’s SOMA, Potrero Hill and Showplace Square districts, a first-of-its-kind building offers an example of the potential widespread success of mass timber construction in the United States. 1 De…more

Construction Industry, Construction Project, Lumber Industry, Sustainability, Timber

See all updates »

Data Center Investment Opportunities

Due to the rapidly increasing amount of data generated and consumed on the internet, an opportunity exists for commercial real estate investors, lenders, developers, green energy providers and others to develop data center…more

Artificial Intelligence, Clean Energy, Commercial Property Owners, Commercial Real Estate Market, Construction Industry

See all updates »

Do Municipal Gas Bans Slow the Clean Hydrogen Transition in Real Estate?

Clean hydrogen has the potential to play a significant role in the energy transition by serving as a carbon-free form of energy storage and heat production. In real estate, hydrogen could provide heating, replace or supplement…more

Commercial Buildings, Green Infrastructure, Housing Developers, Hydrogen Power, Natural Gas

See all updates »

Carbon Sequestration Can Combat Global Warming, Sometimes in Unexpected Ways

Whether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a logical…more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Environmental Protection Agency (EPA), Global Warming

See all updates »

NFT Use Cases in Real Estate

Non-Fungible Tokens (NFTs) are changing how we think about asset ownership in the real world and in the digital world. NFTs—unique digital tokens stored on a blockchain ledger that represent ownership of an asset, either real or…more

Blockchain, Digital Assets, Metaverse, Non-Fungible Tokens (NFTs), Popular

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Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate

Hydrogen is the new buzzword in every industry, and real estate is no exception. Hydrogen does not emit carbon dioxide when burnt and could therefore help reduce the climate impact of buildings, which in aggregate represent one…more

Energy Consumption, Energy Market, Energy Sector, Green Energy, Hydrogen Power

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Smart Building and Smarter Protocols: Mitigating IoT Cybersecurity Risks in Commercial Real Estate

From our homes to our workplaces, the deployment of smart technology is becoming increasingly prevalent. The Wall Street Journal notes that smart-building-related companies raised $2.88 billion in venture capital in 2021. In…more

Connected Items, Cybersecurity, Data Privacy, Data Security, Internet of Things

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Last Minute Tax Change Benefits Commercial Real Estate

In general, the Tax Cuts and Jobs Act bill allows pass-through owners making less than $157,500 ($315,000 for married couples) to take a flat 20 percent deduction on certain business income, before computing the ordinary income…more

Business Taxes, Commercial Real Estate Market, Income Taxes, Pass-Through Entities, Tax Reform

See all updates »

How to Build a Coronavirus Hospital in Ten Days

If the coronavirus pandemic continues to spread in the United States as it has in other countries, drastic expansions of hospital and quarantine facility capacity are likely to be necessary…more

Construction Industry, Coronavirus/COVID-19, Hospitals, Infectious Diseases

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California SB 71 Could Give New Meaning—and New Construction Costs—to the Word “Sunroof”

For builders working in California—already one of the most expensive states for new construction—a new bill winding its way through the legislature could add yet more costs. For this reason, Senate Bill 71 (SB 71) should be on…more

Construction Industry, Real Estate Development, Solar Energy

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Construction During a Pandemic – Pillsbury’s 50-State Survey of COVID-19 Impact on Construction Services (UPDATED)

Pillsbury continues to track the impact on construction projects of COVID-19-related orders and guidance in all 50 states and the District of Columbia as well as guidance from CISA and OSHA. We are updating our chart weekly…more

Construction Industry, Construction Project, Coronavirus/COVID-19, Re-Opening Guidelines

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Is a By-the-Hour Motel a Single Asset Real Estate for Chapter 11 Purposes?

Single asset real estate (SARE) is a unique classification under the Bankruptcy Code with implications for both debtors and lenders. SARE classification is apparent for a property such as a shopping center, apartment complex or…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Distressed Debt, Single-Asset Debtor

See all updates »

Data Center Investment Opportunities

Due to the rapidly increasing amount of data generated and consumed on the internet, an opportunity exists for commercial real estate investors, lenders, developers, green energy providers and others to develop data center…more

Artificial Intelligence, Clean Energy, Commercial Property Owners, Commercial Real Estate Market, Construction Industry

See all updates »

DOI Aims to Modernize its “Inefficient and Inflexible” Type A Natural Resource Damages Assessment Regulations

The U.S. Department of the Interior (DOI) published a proposed rule aimed at modernizing and streamlining the “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response,…more

Advanced Notice of Proposed Rulemaking (ANPRM), Assessment, Department of the Interior, Natural Resources, Proposed Rules

See all updates »

Carbon Sequestration Can Combat Global Warming, Sometimes in Unexpected Ways

Whether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a logical…more

Carbon Capture and Sequestration, Carbon Emissions, Climate Change, Environmental Protection Agency (EPA), Global Warming

See all updates »

Florida, Sebo and the Concurrent Causation Doctrine

The Florida Supreme Court recently issued a widely reported decision, Sebo v. American Home Assurance Co., which applied the concurrent cause doctrine in ruling that an all-risk homeowner’s insurance policy provides coverage…more

Concurrent Causation, Construction Defects, FL Supreme Court, Florida, Insurance Industry

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Understanding SBA Loan Opportunities Under the CARES Act Amidst COVID-19

The CARES Act provides $350 billion for small business Paycheck Protection Loans and an additional $10 billion for the existing Economic Injury Disaster Loan program. Colleagues David Miller and Zachary Bailey describe the new…more

CARES Act, Economic Injury Disaster Loans, Paycheck Protection Program (PPP), SBA Lending Programs, Small Business

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Chairman of the Senate Committee on Banking, Housing and Urban Affairs Calls for CFPB Investigation into Tenant Screening Businesses

Senator Sherrod Brown (D-OH), Chairman of the Senate Committee on Banking, Housing, and Urban Affairs, has written to newly confirmed Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra, asking him to review…more

Consumer Financial Protection Bureau (CFPB), Credit Reporting Agencies, Tenants

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Congress Establishes the 4% Floor to Support Affordable Housing

Legislation signed into law on December 27, 2020, fixed the rate for the 30% present value low-income housing tax credit (LIHTC), which had dropped to a historic low of 3.07 in 2020, at 4% (the 4% Floor). Congress hopes that the…more

Affordable Housing, HUD, LIHTC, Low Income Housing, Real Estate Development

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White House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or Limiting

On June 21, 2019, the White House Council on Environmental Quality (CEQ) issued draft guidance clarifying the treatment of greenhouse gas (GHG) emissions in environmental impact reviews of federal projects under the National…more

CEQ, Climate Change, Draft Guidance, Greenhouse Gas Emissions, NEPA

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DOI Aims to Modernize its “Inefficient and Inflexible” Type A Natural Resource Damages Assessment Regulations

The U.S. Department of the Interior (DOI) published a proposed rule aimed at modernizing and streamlining the “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response,…more

Advanced Notice of Proposed Rulemaking (ANPRM), Assessment, Department of the Interior, Natural Resources, Proposed Rules

See all updates »

California Statutes Authorizing Public-Private Partnership Contracting

Public-private partnerships are often cited as a key pathway to restoring and enhancing the nation’s infrastructure. They can be challenging arrangements to structure. (As a result of the pandemic, they have even suffered the…more

Construction Industry, Construction Project, Infrastructure, Project Finance, Public Private Partnerships (P3s)

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Blockchain-Based Tokenization of Commercial Real Estate

Blockchain technology is a digitized, distributed ledger that immutably records and shares information using software protocols and advanced cryptology. The development of blockchain-based smart contracts—self-executing software…more

Blockchain, Cryptocurrency, Popular, Token Sales, Tokenization

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Proactive and Realistic: Anticipating ESG-Related SEC Scrutiny

Though ESG has been around for a while, with roots that extend back to the environmental sustainability movement, the script for current ESG litigation and investigations is still being written. ESG efforts have expanded to…more

Climate Change, Corporate Counsel, Corporate Governance, Corporate Social Responsibility, Environmental Social & Governance (ESG)

See all updates »

EU Green Deal: the European Commission Releases a Strategy to Strengthen the EU’s Financial Market Infrastructure

On 19 January, the EC published a strategy setting out wide-ranging ideas for the development of its financial market infrastructure. The strategy includes plans for driving the green transition in line with the European Green…more

Capital Markets, EU, European Commission, Financial Markets, Green Bonds

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5G Technology and the IoT Introduce New Regulatory and Security Concerns for Developers

Over the last several years, the proptech movement has become entrenched in the lexicon of the real estate industry as developers use the term as a catch-all term for using technology in the construction of new commercial…more

5G Network, Commercial Buildings, Internet of Things, National Security, Popular

See all updates »

Terra FIRRMA: How Upcoming CFIUS Reform Will Impact the Real Estate Sector

The Committee on Foreign Investments in the United States (CFIUS) is an inter-agency committee designed to review foreign investments that raise national security concerns. While you may have seen CFIUS play a role in prior…more

CFIUS, FIRRMA, Foreign Acquisitions, Foreign Investment, National Security

See all updates »

The Case for Mixed-Use Retail Centers and Their Continued Investment Potential

Early pandemic fears that brick-and-mortar retail would not live to see the next decade look to be largely unfounded. Shopping centers remain a sound investment for private firms and large institutional investors alike, as…more

Commercial Property Owners, Real Estate Investments, Real Estate Market, Retail Investors, Shopping Centers

See all updates »

Management’s Duties and Responsibilities to Disclose COVID-19 Cases to Commercial and Residential Tenants While Also Protecting Privacy

As COVID-19 cases continue to be reported by the hundreds on a daily basis, and as businesses begin the process of returning to the worksite, it is imperative that property managers—both commercial and residential—understand…more

Coronavirus/COVID-19, Disclosure Requirements, Landlords, Property Managers, Risk Management

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FinCEN Expands Its AML Target Real Estate Deals and Information Collection

The Financial Crimes Enforcement Network (FinCEN) announced on August 22, 2017, that it is expanding its earlier Geographic Targeting Orders (GTO) that require U.S. title insurance companies to identify the natural persons who…more

Anti-Money Laundering, FinCEN, Geographic Targeting Order, Real Estate Market, Title Insurance

See all updates »

A Year-End Review of the Environmental Regulatory Landscape

Anne Austin recently joined Industry Insights host Joel Simon to discuss the key considerations and drivers of the Biden administration’s major regulatory initiatives. Our guest today is Anne Idsal Austin, a nationally…more

Biden Administration, Environmental Policies, Environmental Protection Agency (EPA), Environmental Social & Governance (ESG), Public Policy

See all updates »

Is a By-the-Hour Motel a Single Asset Real Estate for Chapter 11 Purposes?

Single asset real estate (SARE) is a unique classification under the Bankruptcy Code with implications for both debtors and lenders. SARE classification is apparent for a property such as a shopping center, apartment complex or…more

Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Distressed Debt, Single-Asset Debtor

See all updates »

New Jersey Strengthens the Structural Integrity of Its Residential Builds

In response to the June 2021 Champlain Towers collapse in Florida, New Jersey supplemented its State Uniform Construction Code Act by enacting legislation (effective January 8, 2024) to strengthen laws related to the structural…more

Condominiums, Construction Industry, Inspections, New Jersey, Real Estate Development

See all updates »

Natural Hydrogen May Seem New in Town, but It’s Been Here All Along

When it comes to renewable energy, hydrogen is hailed as a pivotal resource in the zero-carbon game plan. Hydrogen energy is accessible, produces lower greenhouse gas emissions and can use existing gas infrastructure to power…more

Carbon Emissions, Clean Energy, Energy Projects, Energy Sector, Greenhouse Gas Emissions

See all updates »

New York High Court Gives the Bronx Cheer to Insurers’ Pro Rata Allocation and Exhaustion Arguments

Over time, New York’s courts have erected multiple barriers to policyholders seeking to recover insurance for long-tail, progressive injury claims—such as environmental or asbestos liabilities—that can implicate multiple…more

Allstate, Asbestos Litigation, Excess Policies, Insurance Contracts, Insurance Industry

See all updates »

Women’s Professional Sports Continues to Grow by Courts (and Rinks) and Bounds

Earlier this year, we wrote about the surging popularity of women’s soccer in the United States, and how the sport’s growth promised to open exciting new investment opportunities in markets around the country. The Women’s World…more

Arenas and Stadiums, Basketball, Hockey, Investors, Soccer

See all updates »

1 De Haro: A Case Study on Successful Cross-Laminated Timber Design and Construction in San Francisco

At the intersection of San Francisco’s SOMA, Potrero Hill and Showplace Square districts, a first-of-its-kind building offers an example of the potential widespread success of mass timber construction in the United States. 1 De…more

Construction Industry, Construction Project, Lumber Industry, Sustainability, Timber

See all updates »

A Deep Dive into the Corporate Transparency Act

In episode #29 of Industry Insights podcast, Andrew Weiner joins host Joel Simon for the second episode of our two-part examination of the Corporate Transparency Act (CTA). In this episode, Weiner turns his attention to the…more

Beneficial Owner, Corporate Transparency Act, Disclosure, Distressed Properties, Reporting Requirements

See all updates »

The Real Estate Implications of Formula One Racing

Formula One’s (F1) popularity has surged in recent years. On track, the 2021 season has been the most exciting in recent memory given Red Bull’s successful campaign against the reigning seven-time champions Mercedes. Off track,…more

Car Racing, Excessive Noise, Infrastructure, Popular, Racetracks

See all updates »

Point Taken: The UK Supreme Court Finally Confirms the General Law of Liquidated Damages (LDs)

In a long-awaited decision which overturned the Court of Appeal’s ruling in the Triple Point Technology vs PTT Public Company case, the UK Supreme Court confirmed the general law of LDs, which is that—absent clear words to the…more

Construction Contracts, Contract Termination, Contract Terms, Liquidated Damages, Service Contracts

See all updates »

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  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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