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Archive by tag: PCReturn

Kuharchik: A Home Run for Heavy Highway Electrical Contractors’ Tax Obligations

This past summer, Cohen Seglias attorneys Roy Cohen, Ashling Ehrhardt, and Sydney Pierce obtained a victory for their client Kuharchik Construction against the Commonwealth of Pennsylvania in Kuharchik Construction, Inc. v. Commonwealth. In Kuharchik, the Commonwealth Court ruled in Kuharchik’s favor on its appeal from the Pennsylvania Board of Finance and Revenue, finding that the poles, mast arms, and pedestals used in constructing traffic signals on roads and highways are included in the...B...
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BPDA Approves Fair Housing Zoning Amendment

The Boston Planning and Development Agency (“BPDA”) has approved an amendment to the Boston Zoning Code that would require developers of large residential projects to create inclusive housing opportunities....By: Goulston & Storrs PC
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Goulston & Storrs PC | Dec 18,2020 |

Purchase Price Adjustments

Market Trends: What You Need to Know - Based on the American Bar Association's Private Target Mergers and Acquisitions Deal Point Studies: Purchase price adjustments continue to be commonplace in M&A agreements. In the 2019 study, they were included in 95% of reported deals......By: Goulston & Storrs PC
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Goulston & Storrs PC | Dec 16,2020 |

Construction Industry Employers, Take Heed: “Willful” OSHA Violations May Lead to Criminal Penalties

The U.S. government recently reminded employers that the consequences stemming from worker safety violations are not limited to civil monetary penalties and specific hazard abatement requirements levied by the Occupational Safety and Health Administration (OSHA). They can lead to criminal liability under the Occupational Safety and Health Act (OSH Act) as well....By: Winstead PC
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Winstead PC | Dec 15,2020 |

Sandbagging Provisions

Market Trends: What You Need to Know - “Sandbagging” concepts are often the subject of intense negotiation in M&A transactions. Inclusion of pro-sandbagging clauses within M&A purchase agreements has been on the decline, and more often, the parties are deciding instead to be silent on the issue of sandbagging. Originally Published in Bloomberg Law - December 2020....By: Goulston & Storrs PC
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Goulston & Storrs PC | Dec 10,2020 |

Stand-Alone Indemnities

Market Trends: What You Need to Know - According to the American Bar Association's eight Private Target Mergers and Acquisitions Deal Point Studies, the use of stand-alone indemnities in reported private company M&A transactions has increased from 69% in its 2007 study to 95% in 2019. Originally Published by Bloomberg Law - December 2020....By: Goulston & Storrs PC
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Goulston & Storrs PC | Dec 01,2020 |

Target Counsel Legal Opinions

Market Trends: What You Need to Know - One of the most pronounced practice-related trends in private company merger and acquisition transactions is the near-disappearance of target legal opinions as a closing deliverable. Originally published in Bloomberg Law - November 2020....By: Goulston & Storrs PC
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Goulston & Storrs PC | Nov 16,2020 |

The ‘Materiality Scrape’ Provision What’s Market?

Market Trends: What You Need to Know - Over the past almost 15 years covered by the ABA studies, materiality scrapes have morphed from being a somewhat uncommon provision, seen in about 14% of transactions in 2005, to something near-ubiquitous in M&A purchase agreements, now included in 93% of transactions. Originally Published by Bloomberg Law - November 2020....By: Goulston & Storrs PC
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Goulston & Storrs PC | Nov 13,2020 |

HUD Updates FHA New Construction Requirements

HUD recently published Mortgagee Letter 2020-36 (ML 2020-36), which updates Federal Housing Administration (FHA) New Construction financing requirements. The updates include, among others: The guidance provided by ML 2020-36 may be used immediately for existing cases but is mandatory for FHA case numbers assigned on or after January 4, 2021....By: Weiner Brodsky Kider PC
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Weiner Brodsky Kider PC | Nov 12,2020 |

[Webinar] Design-Build: Everything That Was Old Is New Again - December 3rd, 12:00 pm - 1:00 pm ET

Over the past few decades, the design-build delivery method has made a resurgence, presenting an alternative to the traditional design-bid-build project delivery method. In design-build, an owner contracts with a single design-build contractor who bears responsibility for both design and construction, affording the owner the benefit of a single primary contact as well as greater coordination between the design and construction roles. In this webinar, Cohen Seglias partner Mike McKenna will...By...
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