Legal News

If you live in Charleston, South Carolina, for most of your life you have been hearing about the plans for I-526. A portion of “526,” as locals call it, was built in the 1990s - it linked West Ashley with North Charleston and Mount Pleasant, and James Island with downtown. A big part of it has not been built yet - although the completion of 526 has certainly been a part of just about every candidate for office platform in the last 20 years or more. Setting aside any funding or other...By: Shum...

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 zoning and land use related legislation in Philadelphia City Council....By: Ballard Spahr LLP

Havencrest Capital Management has announced it has acquired ThermoTek. ThermoTek, based in Flower Mound, Texas, provides a broad range of temperature management solutions to the medical and industrial end markets, specifically cold compression devices used in post-orthopedic surgery rehabilitation and cooling units used in industrial applications....By: McGuireWoods LLP

Treatment of fraud is a key issue in M&A transactions and often a heavily negotiated point.  Acquisition agreements often include “fraud carve-outs” – exclusions for fraud from highly negotiated limitations as to survival of representations and warranties and seller indemnification obligations (e.g. caps, baskets, etc.). ...By: Wyrick Robbins Yates & Ponton LLP

Bricker & Eckler's construction attorneys are proud to present "Top Gun," our premier Midwest construction claims webinar series. This free event will cover: - Important construction concepts, including key contract language, best practices for project documentation, the risks of unforseen site conditions, delays and lost productivity claims, and the design professional's standard of care - Strategies to address damage and claims - Tools to analyze, prepare for, and defend against claims for...

In this article, we follow up on our overview of going private transactions (available here) by focusing on an important but often overlooked workstream in these deals. Companies are frequently privatized by a group of significant shareholders, outside investors and sometimes members of senior management, and in these “club” or “consortium” deals, the buyer group members must negotiate their rights in the privatized target company against the backdrop of the complicated take-private process....

In a recent decision, the Armed Services Board of Contract Appeals (ASBCA) reaffirmed that, even when a contractor prevails in a claim against the Government, attorneys' fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, are not awarded in cases where the Government's position in the litigation was substantially justified....By: Davis Wright Tremaine LLP

The Securities and Exchange Commission (SEC) has issued final rules that significantly modify the framework that public companies and their auditors use to evaluate auditor independence, providing additional clarity for certain particularly difficult and recurring issues....By: Skadden, Arps, Slate, Meagher & Flom LLP

NEW GUIDANCE ON PUBLIC HEARINGS ON HOUSING PROPOSALS - The Massachusetts Department of Housing & Community Development (DHCD) recently issued guidance for municipalities regarding housing development. This guidance relates to a municipal relief act passed in April (Chapter 53 of the Acts of 2020). Chapter 53 stayed all statutory deadlines requiring municipal boards and commissions to act on development applications for the duration of the COVID-19 state of emergency....By: Pierce Atwood LLP

Earlier this year, the Securities and Exchange Commission updated its requirements to provide financial information about acquisitions and dispositions of businesses and real estate operations, the first time that these requirements had been comprehensively addressed in over 30 years.  The amendments impact disclosure in current reports under Form 8-K, which are filed by reporting companies, as well as disclosure in certain transaction filings (registration statements, proxy statements and...By:...