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Five Clauses to Watch Out for In Your Construction Subcontract

Construction is booming in Arizona. There continues to be plenty of work for subcontractors as many general contractors do not self-perform the work. Your company submits a bid for a project and your bid wins! Time to get to work, right? Not so fast. General contractors often require subcontractors to agree to some form of a subcontract agreement prior to starting work. It is easy to think that nothing will go wrong and just sign the contract without even giving it a second thought. After all,.....
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Jaburg Wilk | Nov 23,2020 |

Superior Court Dismisses Successor-by-Merger’s Claims Where Underlying Contract Contained Anti-Assignment Clause

MTA Royalty Corp. v. Compania Minera Pangea, S.A. DE C.V., C.A. No. N19C-11-228 AML CCLD (Del. Super. Sept. 16, 2020) - Plaintiff’s predecessor-in-interest conveyed mineral rights to Defendant. Under the agreement, Defendant owed a conditional additional $1 million at a future date. Before the payments became due, the predecessor was merged out of existence....By: Morris James LLP
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Morris James LLP | Nov 23,2020 |

[Webinar] Staying Safe in a COVID-19 World: Corporate Due Diligence and Job Site Safety for Construction Companies - December 8th, 2:00 pm - 3:00 pm EST

With the shifting and varied state and local COVID-19 orders, contractors are wondering how to do so in a safe, productive way, and how to navigate the legal, regulatory, and practical challenges. This presentation, sponsored by the Associated General Contractors of America South Florida Chapter, brings some clarity to working on the job site in a COVID-19 world by bringing together a panel of speakers from Carlton Fields, Centinel Consulting, Core Triangle Consulting, OSHA, and AGC to discuss...
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Carlton Fields | Nov 23,2020 |

Renewables M&A offers hope for hard-hit energy sector

Deal activity within the renewables sector has been a bright spot for energy M&A in 2020 - Despite being hit hard by the COVID-19 pandemic, M&A targeting the energy sector has remained resilient in 2020. The sector saw M&A value rise 6% year on year to a total of US$93.4 billion in the first three quarters of 2020. While volume dropped 16% to 442 transactions, the sector delivered a far more robust performance than overall global M&A, which dropped 27% by volume and 28% by value over the same....
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White & Case LLP | Nov 21,2020 |

Financial Daily Dose 11.20.2020 | Top Story: BuzzFeed Acquires HuffPost from Verizon Media

BuzzFeed has struck a deal with Verizon Media to acquire HuffPost, a mash-up that “would join a pair of digital-media giants that have found themselves searching for readers and revenue as they have fallen prey to some of the same difficulties that once afflicted old-media newspapers and magazines”....By: Robins Kaplan LLP
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Robins Kaplan LLP | Nov 21,2020 |

[Audio] Valuation and Damages: Assessing COVID-19’s Economic Impact

Changes in how businesses operate, restrictions on property use and reduced revenues brought on by mandated closures due to COVID-19 have had a major impact on the real estate market and legal proceedings related to it throughout the United States. In this episode of Digging Into Land Use Law, Nossaman’s Eminent Domain & Valuation Group Chair, Brad Kuhn, and Grobstein Teeple LLP Director, Will Thomsen, discuss the current state of the market and approaches to appropriately assess short-term...B...
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Nossaman LLP | Nov 21,2020 |

UPDATE: Supreme Judicial Court Holds That Each Building in Phased-Development Projects Constitutes Distinct “Improvement” for Purposes of Statute of Repose

Imagine the following. A developer consults with an architect in 2020 about a six-building condominium project. The architect promptly produces a set of plans, which are stamped by an engineer. Over the next three years, the developer secures the necessary permitting from a notoriously stingy local planning board. The developer finally breaks ground in 2024. He completes buildings 1-3 in 2026. Then a recession hits and the developer suspends construction for three years......By: Conn Kavanaugh
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Conn Kavanaugh | Nov 21,2020 |

GP-Led Single Asset Deals

Over the last five years, many private equity market participants have become acquainted with a “GP-led secondary” transaction – i.e., a transaction where a private equity sponsor proposes to transfer all or a portion of the assets managed by an existing fund into a new “continuation” fund that will be managed by the same private equity sponsor. In such a transaction, the equity capital generally comes from a combination of “secondary” capital providers that are putting new money into the...
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Weil, Gotshal & Manges LLP | Nov 20,2020 |

Marriott Secures 80% Reduction in ICO Fine, but Here’s What You Missed…

Hot on the heels of the £20 million fine issued to British Airways, the Information Commissioner’s Office (“ICO“) has issued Marriott International Inc. (“Marriott“) with a long-awaited penalty notice for its failure to ensure appropriate security of the personal data it processed. The global hotel chain has been fined £18.4 million, which is a substantial reduction from the £99.2 million contemplated by the ICO’s notice of intention to fine. Unfortunately, the decision failed to give any....
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Orrick - Trust Anchor | Nov 20,2020 |

It’s a Bird, It’s a Plane, It’s…the SBA? SBA Issues Guidance on Change of Ownership Transactions Involving PPP Loans

Dealmakers know that uncertainty is their proverbial kryptonite. As M&A and investment have started to show signs of life, acquirers of and investors in companies that received loans under the Paycheck Protection Program (PPP) have been grappling with managing the risks associated with those loans, including whether and what kinds of approvals are necessary to acquire or invest in such a target. Recently, however, the U.S. Small Business Administration (SBA) has acted to reduce this uncertainty....
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White and Williams LLP | Nov 20,2020 |
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