Legal News

As all construction contractors know, the American Institute of Architects (AIA) provides a series of nearly 200 industry standard consensus forms that define the relationships and terms involved in design and construction projects.  While these forms are appropriate for commercial projects, contractors that perform a mix of commercial and government…...By: Vandeventer Black LLP

Amid the unprecedented conditions that businesses have been forced to operate under, real estate and construction professionals in particular may be struggling to navigate pandemic related legal challenges in their markets. From executive orders issued at state and local levels, to exceptional circumstances applied to force majeure contract provisions, the confusion inspired by COVID-19 continues to plague businesses as case law develops in the court system......By: Shutts & Bowen LLP

Subcontractors and contractors with pending construction contract claims, read your monthly application for payment, lien waiver, and change order forms closely before signing. Failure to do so may result in a costly waiver of claims....By: Poyner Spruill LLP

While not unscathed by the ongoing pandemic, software deals are proving to be resilient to the effects of lockdown... The performance of software M&A in 2020 is indicative of a sector insulated from the worst effects of a pandemic that has bloodied industries dependent on face-to-face interaction....By: White & Case LLP

On Monday, September 21, 2020, the Federal Trade Commission, with the support of the Department of Justice’s Antitrust Division, proposed changes to the rules governing merger notification under the Hart-Scott-Rodino Act of 1976, as amended. The revisions would require investment funds to report additional information and would exempt certain minority acquisitions from the reporting requirements, including acquisitions of 10% or less of an issuer’s voting securities by activist investors.........

On September 21, 2020, the Federal Trade Commission (the “FTC”) announced proposed amendments that, if enacted, would make significant changes to the premerger notification rules under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The proposal coincides with the FTC’s ongoing examination of the competitive implications of “common ownership” of minority holdings in competing entities......By: Morrison & Foerster LLP

The Residential Apartment Buildings (Compliance & Enforcement Powers) Act 2020 (NSW) (RAB Act) came into force on 1 September 2020. The RAB Act is part of the NSW Government's commitment to arm the Building Commissioner and relevant government departments with a suite of comprehensive powers against non-compliant developers and to identify serious defects in residential apartment buildings....By: Dentons

On Monday, September 21, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly released two proposed rule changes to the Hart-Scott-Rodino (HSR) premerger filing requirements for acquiring parties. In an extension of a 2011 rule change that established the concept of “associates,” the first proposed change would require aggregation with the filing…...By: Skadden, Arps, Slate, Meagher & Flom LLP

While the Golden State Warriors continue to sit out this season’s playoffs for the first time since 2012, the team was dealt a blow last month by the California Court of Appeal in the case Oakland-Alameda County Coliseum Authority v. Golden State Warriors, LLC, A157688, (August 18, 2020 San Francisco County Super. Ct. No. CPF-19-516542).  In its decision, the First District affirmed a trial court’s judgment confirming an arbitration award entered against the Golden State Warriors that requires...

If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities....By: Burr & Forman