In Notice 2021-31, the Internal Revenue Service (IRS) provides broad guidance in a question-and-answer format on the application of the American Rescue Plan Act of 2021 (ARP) regarding premium assistance under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) continuation coverage provisions ...
The Internal Revenue Service recently eliminated an inconsistency between the definition of “general public use” for purposes of the low-income housing tax credit (LIHTC) under §42 of the Internal Revenue Code of 1986 (the “Code”) and the definition of “general public use” for purposes of tax-exempt multifamily housing bonds under Code §142(d) ...
During the Summer of 2013, we interviewed a group of owners who had completed IPD projects. Some owners had many IPD projects under their belts and others only one or two. But all were willing to share their experience and advice to help other owners. The transcripts were summarized in a white paper, still available on the Hanson Bridgett website, Integrated Project Delivery: The Owner’s Perspective ...
Our homes have evolved in the last 18 months. They have become a bit more “mixed use” - school, office, gym, doctors’ surgery and even kitchen disco. The enforced focus on the use of our homes during the pandemic - particularly their inadequacies, together with the flexibility that working from anywhere has brought - has created unprecedented demand to move house and / or relocate ...
What’s happened? Pursuant to a circular issued by the Dubai Land Department on 23 September 2022, the registration of all co-occupants that reside in residential properties in the Emirate of Dubai, whether owned or rented, must be completed today. Who does this apply to? The circular issued by the Dubai Land Department applies to real estate developers, real estate leasing and management companies, real estate owners and tenants ...
The Government of Jersey has published an update on the implementation of mandatory Energy Performance Certificates for Jersey in relation to commercial and residential property. The update confirms that the planned new legislation will establish a framework for Jersey Energy Performance Assessments (JEPA), which will be the Jersey equivalent to Energy Performance Certificates (EPCs). This name change is to ensure that it is clear the Jersey assessments differ from those in the UK ...
This article forms part of our ‘New How: Perspectives’ campaign: ‘The logistics industry is booming, but can our infrastructure keep up?’. Here Choisanne Man, a real estate partner in Shoosmiths’ London office, speaks with David Proctor, Managing Director, Group Investment at Segro, to discuss the state of the logistics sector including the challenges it poses for our towns and cities. 1 ...
Mealey’s: What is your professional background and how did you both become involved in international arbitration? Miller: I’ve been practicing law with Bradley in its construction group for a little over 10 years. We rep- resent a lot of large contractors and owners of large projects, primarily energy-focused, and those projects are often large, complex, involve international parties and are happening all over the world ...
This week, Schwabe and the Portland and Puget Sound Business Journals hosted PNW Predictions: Retail Real Estate Reimagined, a discussion on the impacts from the last 18 months and predictions for the direction that retail real estate is moving. The panel delivered a variety of perspectives via guests Kemper Freeman, Chairman & CEO, Kemper Development Co ...
The Federal Electricity Commission (the “Commission”) has put out for public bidding the construction and the operation of a Liquid Natural Gas Degasification Terminal (the “Terminal”). The winning tender will construct, operate, and supply gas from the Terminal which will ensure a supply of natural gas to the Commission’s electricity generating plants Manzanillo I and II, Bajio, El Sauz, Salamanca, and Guadalajara I and II ...
With the continued development of the Marcellus and Utica Shale, businesses in West Virginia, Pennsylvania and Ohio are experiencing rapid growth and facing many issues related to this growth they had not previously experienced. One important consideration is whether and how to insure these growing assets. While myriad issues may arise regarding insurance, this article will address some general types of insurance coverage growing businesses should consider ...
A new round of U.S. tariffs on $200 billion in Chinese imports became effective on September 24, 2018.1 The 10 percent tax on Chinese consumer products is only the latest escalation in an ever-widening trade war between the United States and its global trading partners. While it appears that, subject to Congressional approval, trade disputes between the U.S ...
A new round of U.S. tariffs on $200 billion in Chinese imports became effective on September 24, 2018.1The 10 percent tax on Chinese consumer products is only the latest escalation in an ever-widening trade war between the United States and its global trading partners. While it appears that, subject to Congressional approval, trade disputes between the U.S ...
On January 30, 2023, the Court of Appeal of Quebec rendered a decision in Commission scolaire De La Jonquière c. Intact Compagnie d?assurance.1 The key issues in this case are the potential for conflicts arising from liability insurance policies and the obligation to disclose documents where insurers? duty to defend conflicts with their duty to indemnify insureds ...
Insurers have lodged a Judicial Review against The Damages (Asbestos-related conditions) Scotland Act. The Act, which was passed on 17 April 2009, made compensation available for the victims of pleural plaques in Scotland. The insurers are bringing the action in an attempt to avoid having to pay compensation for this condition ...
On December 10, 2020, the Minister of Finance, Éric Girard, introduced and tabled Bill 82 entitled An Act respecting mainly the implementation of certain provisions of the Budget Speech of 10 March 2020 (hereinafter the " Bill" ) before the National Assembly. The Bill opens the door to possible limitations on the duty to defend with respect to certain categories of liability insurance contracts to be determined by regulation ...
For those insurers that seek to circumvent California’s notice-prejudice rule, the California Supreme Court has just made that more difficult. In Pitzer College v. Indian Harbor Insurance Company, 845 F.3d 993 (9th Cir. 2017), the Ninth Circuit certified questions to the California Supreme Court, including: “Is California's common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis?” (Pitzer College, 845 F.3d at 994 ...
For those insurers that seek to circumvent California’s notice-prejudice rule, the California Supreme Court has just made that more difficult. In Pitzer College v. Indian Harbor Insurance Company, 845 F.3d 993 (9th Cir. 2017), the Ninth Circuit certified questions to the California Supreme Court, including: “Is California's common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis?” (Pitzer College, 845 F.3d at 994 ...
For those insurers that seek to circumvent California’s notice-prejudice rule, the California Supreme Court has just made that more difficult. In Pitzer College v. Indian Harbor Insurance Company, 845 F.3d 993 (9th Cir. 2017), the Ninth Circuit certified questions to the California Supreme Court, including: “Is California's common law notice-prejudice rule a fundamental public policy for the purpose of choice-of-law analysis?” (Pitzer College, 845 F.3d at 994 ...
The question of insurers’ duty to defend is back in the spotlight. On March 18, 2021, the Superior Court once again considered the issue in its application of the law to facts relevant to the dispute.1 Facts In April 2016, Cégerco Inc. (“Cégerco”), a general contractor, retained the services of Construction Placo Inc ...
The Court of Appeal has provided useful insight into the meaning of the phrase 'as soon as possible' in relation to insurance policy notification obligations. How will this decision impact upon both insurers and insured parties? In Zurich Insurance plc v Maccaferri Ltd [2016] EWCA Civ ...
Everest National Insurance Company has filed a lawsuit denying any obligation to cover a post-acquisition lawsuit by a credit union alleging fraud against two banks and their executives. The seller paid additional premium for an extended reporting period to report claims based on pre-acquisition wrongful conduct, but the insurer denied coverage on the ground that any claims asserted by the buyer are excluded under the D&O policy’s “insured vs ...
Today – more than ever – corporate management is under attack. In the wake of the Enron debacle, corporate decisions are more carefully scrutinized, and the conduct of the company’s directors and officers are now constantly under the watchful eyes of investors, creditors, and government regulators ...
Legal entities that contract insurance to protect their own assets qualify as consumers within the meaning of the consumer code, says the brazilian Superior Court of Justice (STJ) "[...] the legal entity that takes out insurance seeking to protect its own assets shall be end user of insurance services, thus calling for the application in its favor of the rules provided for in the Consumer Code ...
Within the scope of the measures intended to promote the competition and liberalization of the business activities approved by the Council of Ministers on January 20, 2012, are included, among other things, special provisions concerning the performance of insurance services which introduce relevant amendmentsto the Legislative Decree No. 209 of September 7, 2005 (“Insurance Code”) ...
