We’ve been keeping busy, but unfortunately for the oil and gas sector, it has been especially busy in our Restructuring group. As we help clients navigate these difficult times, we’ve been noticing several common themes as they relate to fairness and solvency opinions, which can provide lessons learned for companies and sponsors…...By: Opportune LLP
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The most powerful tool capable of invalidating competitive restraints under California law is Business and Professions Code section 16600. That statute states that “[e]very contract by which anyone is restrained from engaging in a lawful profession, trade or business of any kind is to that extent void.” California courts have historically used that statute to void non-compete and non-solicit provisions in agreements between employees and employers or buyers and sellers of a business....By: Or...
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Safety has always been a challenge on construction sites, but the coronavirus pandemic has made maintaining safety much more difficult. The rapid spread of COVID-19 forced thousands of construction projects to suddenly shut down....By: K2 Intelligence Investigations · Compliance
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On August 5, 2020, the Governor of Georgia signed Senate Bill 315 to legislatively overrule a September 2019 decision by the Georgia Court of Appeals on the effect of a lien claimant’s failure to withdraw a lien waiver using the statutory process for invalidating waivers of lien or bond. In that case, ALA Construction Services, LLC v. Controlled Access, Inc.,1 the Georgia Court of Appeals had ruled that statutory lien and bond waivers can also waive claims for breach of contract and leave the.....
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The Mississippi Commission on Environmental Quality (“MCEQ”) and Little Bluff, LLC, (“Little Bluff”) entered into a May 4th Agreed Order (“AO”) addressing an alleged failure to obtain a storm water permit. See Order No. 7037 20. The AO provides that Little Bluff is engaged in a residential development in Ocean Springs, Mississippi....By: Mitchell, Williams, Selig, Gates & Woodyard,
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Is A&D activity picking up in the upstream oil and gas sector and, if so, is now the right time to find attractive deals? ...By: Opportune LLP
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In an important case for architects and design-builders, the Armed Services Board of Contract Appeals (ASBCA) held that the United States Army Corps of Engineers (USACE) is liable for delays arising from design-reviewer comments that change the design process specified in the contract. Many architects and design-builders have seen it happen: they submit a design submittal in accordance with the requirements of the contract, only to have a Government design-reviewer cause a delay by demanding...B...
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How does Fahrenheit 451 foretell non-compliance regulation in Germany? Tom and Jay brave the surge in Covid cases by staying safe at home to tell the tale. They are back to look at top compliance articles and stories which caught their eye this week....By: Thomas Fox
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In February 2020, the IRS issued Notice 2020-12, which provides long-awaited guidance on when a “qualified facility” or carbon capture equipment, in each case within the meaning of section 45Q, is considered to have “begun construction.” This question is of paramount significance because section 45Q allows a carbon capture credit for carbon oxide that is captured using carbon capture equipment that is originally placed in service at a qualified facility, and a qualified facility means an...B...
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The Ballard Spahr Zoning and Land Use Team is continuing to monitor all aspects of the Philadelphia land use approval process during the COVID-19 emergency, including the issuance of zoning and building permits, regulation of construction work, and changes to relevant court filing deadlines....By: Ballard Spahr LLP
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