Legal News

On October 2 the U.S Small Business Association (“SBA”) issued a Procedural Notice outlining the requirements for the closing of change of ownership transactions for those borrowers who have loans under the Paycheck Protection Program (“PPP”)....By: Pullman & Comley, LLC

Dear YouDig?, We are a subcontractor and we pride ourselves on being ethical and fair in all aspects of our business. Why is it then that we seem to end up getting burned by dishonest, shady, disgusting creeps?......By: Buckingham, Doolittle & Burroughs, LLC

On October 2, 2020, the Small Business Administration (SBA) issued Procedural Notice No. 5000-20057 addressing procedures applicable to a “change of ownership” of a borrower who has received a loan under the Paycheck Protection Program (PPP). This procedural notice sets forth important guidance as to whether or not the SBA’s prior approval is required in connection with a change of ownership......By: SmithAmundsen LLC

Dear YouDig?, We are a tree service contractor and some shady property manager is trying to give us a haircut. We don’t want a haircut. We like our hair AS IS. We had a contract. We changed the scope through agreed upon change orders. We finished all of the work on time. No complaints. Now, a month later, it is time to pay. The manager is challenging our work and offering only 2/3 of the balance due......By: Buckingham, Doolittle & Burroughs, LLC

I. EXEMPTIONS - Resale Exemption - Domokur Aviation Services, LLC v. McClain, Ohio BTA Case No. 2019-694 (September 15, 2020). Applying the Supreme Court’s decision in Pi in the Sky, LLC v. Testa, 155 Ohio State 113, 2018-4812, which involved parallel facts, the BTA denied the resale exemption for a $2.9 million aircraft purchase. The BTA cited the following factors to support its finding that the taxpayer was not engaged in a for-profit business operation to support the resale exemption: •...

Dear YouDig?, We are a design builder. We hired a design team to do the preliminary design for our bid on a large DB project. We won the bid. Of course we warranted to the project owner that we would build the project, as designed, in a workmanlike manner.......By: Buckingham, Doolittle & Burroughs, LLC

Relief from the burdens and threat of litigation from plaintiffs’ attorneys under the Missouri Merchandising Practices Act (MMPA) will take effect on August 28, 2020. The MMPA, set out in Chapter 407RSMo., is intended to protect consumers. Under the MMPA, a consumer may bring a civil lawsuit against a seller which misrepresents material information about the real or personal property sold, or services provided even though the consumer does not have a traditional breach of contract or fraud...B...

Dear YouDig? Readers, Baseball is back this week. We hope. (Dear Baseball, please make it back as Covid life is feeling a bit heavy). Like any great construction project (and life), baseball seasons are long and full of adjustments. Even MLB’s 60 games planned for the 2020 season without fans will require incredible coordination and strong performances from management, coaches, health experts and the players to succeed. We can hardly imagine major league baseball with few fans but we can...By:...

On July 8, 2020, in the consolidated cases of Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania et al. and Donald J. Trump, President of the United States, et al. v. Pennsylvania et al., the U.S. Supreme Court ruled that employers can exclude coverage for birth control from their health care plans if they oppose contraception on moral or religious grounds....By: McNees Wallace & Nurick LLC

As the COVID-19 pandemic continues to significantly affect all aspects of the real estate industry, the legislature of the State of New Jersey has passed amendments to the Municipal Land Use Law (the “MLUL”), codified at N.J.S.A. 40D:55-1, et. seq. The amendments contained in Assembly Bill A-3919 (the “Law”) will have a significant effect on pending real estate projects, both those that have received land use approvals and those with pending applications before municipal land use boards....B...