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Orange County Amends Code to Abate School Capacity For Certain Projects

On September 1, 2020, the Orange County Board of County Commissioners (BCC) voted unanimously to approve an amendment to County Code to implement an abatement of school capacity enhancement review for pending residential projects....By: Lowndes
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Lowndes | Sep 02,2020 |

Supreme Court of California Weighs In on Blanket Categorization of Well Construction Permit Approvals as Ministerial

Key Points - A permitting agency's blanket designation of an entire category of permit decisions as ministerial for purposes of the California Environmental Quality Act (CEQA) may be held to be improper if the agency has the ability to modify or deny the permit based on any concern that may be examined under CEQA review....By: Hanson Bridgett LLP
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Hanson Bridgett LLP | Sep 02,2020 |

The Activism Vulnerability Report - Q2 2020

FTI Consulting welcomes our clients and friends to the latest edition of the Activism Vulnerability Report, presenting findings from FTI’s Activism Screener. Each calendar quarter, the FTI Activism Screener assesses the vulnerability of approximately 3,400 U.S. and Canadian companies with market capitalizations of at least $100 million using publicly available information. Please see full Publication below for more information....By: FTI Consulting
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FTI Consulting | Sep 02,2020 |

COVID-19 Relief: Paycheck Protection Program and Issues in M&A Transactions

Potential merger partners of and investors in businesses that have received loans under the Paycheck Protection Program should be aware of particular risks and other diligence considerations. Any potential merger partner or buyer of a recipient of a PPP loan should confirm such recipient’s eligibility for its PPP loan and appropriately allocate the risks of audit and non-compliance....By: Pillsbury Winthrop Shaw Pittman LLP
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Opportunities for Social Infrastructure P3s (Yes, Including Colleges and Universities)

Earlier this summer, Plenary Properties Merced completed construction on the well-known UC Merced 2020 campus-expansion project—a $1.2-billion, 1.2-million-square-foot social-infrastructure P3 that has been called the largest social infrastructure completed in the United States to date....By: Bilzin Sumberg
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Bilzin Sumberg | Sep 02,2020 |

Wetland Mitigation Credits/Government Contract: Federal Appellate Court Addresses Contractor Request for Equitable Adjustment

The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and reconstruction project. See Kiewit Infrastructure West Co. v. United States, 2020 WL 5032464. The issue involved a contractor’s request for additional payment for the increased cost of purchasing wetland mitigation credits....By: Mitchell, Williams, Selig, Gates & Woodyard,
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UK Public M&A Update — H1 2020

In this update, we consider key statistics, trends, developments and highlights regarding U.K. public M&A transactions governed by the U.K. City Code on Takeovers and Mergers (the Takeover Code) that were announced during the first half of 2020 (H1)....By: Skadden, Arps, Slate, Meagher & Flom LLP
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Georgia Changes Lien Law

On August 5, 2020, Georgia Governor Brian Kemp signed a new law, Senate Bill 315, changing Georgia’s lien law statute, O.C.G.A. 44-14-366. The new statute, effective January 1, 2021, makes clear that lien waivers only waive lien or bond rights against the property and do not waive the right to file a lawsuit for non-payment...   ...By: Miles Mediation & Arbitration
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Financial Daily Dose 9.1.2020 | Top Story: Walmart to Roll Out Shipping Membership to Challenge Amazon’s Prime Dominance

Walmart is again preparing to roll out its answer to Amazon Prime: Walmart+, a sub-$100/year membership service that features gas discounts and some free shipping (at qualifying thresholds)....By: Robins Kaplan LLP
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Robins Kaplan LLP | Sep 01,2020 |

Delaware Court of Chancery Confirms Directors’ Right to Access Company’s Privileged Information

Can management of a Delaware corporation block members of the board of directors from gaining access to the company’s privileged information? The Delaware Court of Chancery recently addressed this question in the ongoing corporate battle involving WeWork and SoftBank in In re WeWork Litigation, C.A. No. 0258-AGB (Del. Ch. Aug. 21, 2020)....By: Kramer Levin Naftalis & Frankel LLP
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