Legal News

One of the ongoing questions from members of Board of Directors is how to resolve the tension between oversight and managing. I recently had the opportunity to visit with Joe Howell, the Executive Vice President (EVP) of Workiva, Inc. on this subject. Howell has worked on and with Boards of Directors at various companies and I wanted to garner his understanding of the role of a Board and both senior management and a Chief Compliance Officer (CCO). Howell had a short response which I thought was....

Richard Lummis is on assignment this week so I am pleased to be joined by guest Nick Gallo, co-CEO of ComplianceLine for a special episode. In this episode Nick and I take a deep dive into Doris Kearns Goodwin’s class Doris Kearns Goodwin Teaches U.S. Presidential History and Leadership, where Pulitzer Prize–winning biographer Doris Kearns Goodwin teaches you how to develop the leadership qualities of exceptional American presidents. In her class, Goodwin shares how some of the greatest...By: ...

The COVID-19 pandemic is impacting every facet of the economy, including commercial construction and real estate. While the depth of some of the impacts may not be known for months, if not years, there are several emerging trends shaping these industries now......By: Brooks Pierce

On August 4, 2020, the Court of Appeals of Texas (First District) reversed a trial court’s denial of an engineering firm’s motion to dismiss finding that the plaintiff’s failure to attach the required certificate of merit affidavit to its petition against the engineering firm required dismissal of the petition under the plain language of Tex. Civ. Prac. & Rem. Code § 150.002. § 150.002(a) requires an affidavit or certificate of merit from a qualified professional to accompany a plaintiff’s.....

The Tennessee legislature recently passed the Construction Industry Payment Protection Act (“CIPPA”), SB2681/HB2706, which offers significant changes to the Tennessee construction industry. Not only does the act amend Tennessee’s existing lien laws and construction defect statutes, including the statute of repose for construction and design defect actions, but it also impacts the Prompt Pay Act and the Truth in Construction Act. This is the first of a series addressing the changes and the......

Congress recently passed the economic stimulus package referred to as the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act1”), the Paycheck Protection Program and Health Care Enhancement Act (“PPPHCE Act”), and the Paycheck Protection Program Flexibility Act (“PPP Flexibility Act”) (together, the CARES Act1, PPPHCE Act, and PPP Flexibility Act are called the “CARES Act”). The CARES Act is important to certain real estate businesses because it offers necessary financial ...

Funding in the fintech sector increased 17% quarter-over-quarter, after two quarters of declines, to $9.3 billion according to CB Insights’ recent State of Fintech report. Despite the funding increase, the number of deals continued to decline globally, continuing the decline since the fourth quarter of 2019....By: Mayer Brown Free Writings + Perspectives

Owners of shopping centers and other retail spaces are again increasingly looking to novel uses, including distribution and warehouse uses, sometimes called “fulfillment centers”, to fill growing vacancies. These emerging uses raise a number of potential legal issues....By: Goulston & Storrs PC

Key Takeaways - The European Commission has adopted a White Paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU. The White Paper suggests that the tools that are currently at the EU’s disposal are insufficient to address potential distortions of competition that are specifically caused by foreign subsidies. The White Paper therefore proposes new powers both at the Commission and Member State levels to tackle this perceive...

In Fortis Advisors LLC, v. Allergan W.C. Holding Inc., C.A. No. 2019-0159-NTZ (Del. Ch. May 14, 2020), a shareholder representative appointed pursuant to a merger agreement asserted a claim on behalf of selling stockholders for certain contingent payments. The defendant surviving corporation brought a motion in the Delaware Court of Chancery (the “Court”) to (i) compel the selling stockholders to participate in discovery as parties-in-interest to the action and to be subject to trial subpoenas...