Legal News

Dear YouDig?, Seriously, we run into contractors that will lie, lie, lie and then after taking a breath will lie some more. They did the work. They followed specs. They received verbal authority. They have the troops......By: Buckingham, Doolittle & Burroughs, LLC

The COVID-19 pandemic has stressed the M&A market at every stage of the deal-making process – from complicating on-site visits and intensifying the diligence process to introducing valuation gaps (relative to pre-COVID-19 expectations), complicating purchase agreement negotiations and limiting the availability of debt financing. Despite these hurdles, healthcare dealmakers have continued to pursue attractive acquisition opportunities throughout 2020, with the healthcare M&A market substantially...

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 City Council....By: Ballard Spahr LLP

Leveraged buyout high yield bond and leveraged loan issuance fell in Q3 2020 as a lack of buyout deals in a still cautious M&A market dampened appetite for financing - Although leveraged buyout (LBO) activity showed signs of recovery in Q3 2020, financing dropped year on year as the supply of new LBO deals seeking capital remained tight....By: White & Case LLP

A claim that a contract for construction of a school violated public bidding requirements did not become moot after construction was completed because effective relief — in the form of disgorgement of public funds paid to the contractor — was still available in plaintiff’s taxpayer action. Davis v. Fresno Unified School District (Davis 2), No. F079811 (1st Dist., Nov. 24, 2020)......By: Perkins Coie

The sharp sword of prohibiting a M&A transaction because of threats to public order or security is eventually being applied. IN DEPTH - After years of continuous tightening of foreign trade law, several papers including German news-paper Handelsblatt today (4 December 2020) report – citing a prohibition notice from the Federal Ministry of Economics and Technology (the “Ministry”) – that the planned acquisition of North Rhine-Westphalia based radar specialist IMST GmbH by EMST GmbH, which i...

In a climate where there are so many unknown factors challenging valuation methodologies, we explore a number of mechanisms that European dealmakers may consider during the Coronavirus (COVID-19) pandemic in order to bridge the valuation gap, provide greater pricing certainty, and allow transactions to proceed with seller and buyer sharing both the risk and the potential rewards from driving deals through now......By: McDermott Will & Emery

The Armed Services Board of Contract Appeals (the “Board”) recently held the government liable for design delays where the government prematurely required details in design submissions and failed to provide comments on design submissions within the 14-day period allotted for government comments in the contract......By: Bradley Arant Boult Cummings LLP

On December 1, 2020, the Orange County Board of County Commissioners (BCC) voted unanimously to adopt an ordinance updating the County’s school impact fees for residential development....By: Lowndes

Important changes to the Georgia law on waivers for mechanic's lien and payment bond claims (lien waivers) are effective January 1, 2021. Under current Georgia law, lien waivers are "conditional," meaning they do not waive lien and payment bond rights until payment of the amount stated in the lien waiver is received. However, Georgia law presumes that payment occurred (and the lien waiver becomes effective) even if there was no payment unless an "Affidavit of Nonpayment" is filed within 60 days....