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Gravel2Gavel Construction & Real Estate Law Blog

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Terra FIRRMA: How Upcoming CFIUS Reform Will Impact the Real Estate Sector

The Committee on Foreign Investments in the United States (CFIUS) is an inter-agency committee designed to review foreign investments that raise national security concerns. While you may have seen CFIUS play a role in prior transactions, upcoming expanded regulations will further impact acquisitions of U.S. real estate. How exactly will…

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“The Rent Is Too Damn High.” Will California’s Proposition 10 Help?

In less than two weeks, California voters will decide whether to pass Proposition 10, which would allow cities and counties across the state to expand rent control. Supporters of the measure say it will protect tenants during a time of unprecedented housing affordability problems in California. Opponents argue that the…

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The Great Clean Water Act Divide

Pillsbury attorneys Anthony Cavender and Amy Pierce recently published their Law360 article titled 6th Circ. Creates Deep Divide Over Reach Of CWA. Their article discusses recent decisions from the federal appellate courts that have raised new questions about the scope of Clean Water Act-related (CWA) issues that once seemed settled. These…

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Ninth Circuit Holds that 1993 Budget Appropriations Language Does Not Compel the Corps of Engineers to use 1987 Wetlands Guidance Indefinitely

On September 21, 2018, the U.S. Court of Appeals for the Ninth Circuit decided the case of Tin Cup, LLC v. U.S. Army Corps of Engineers. A divided panel of the Court of Appeals (although all members concurred in the result) held that legislative language in a 1993 appropriations act does…

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Maximizing Insurance Recoveries When Loss is Imminent

In Hurricane Florence: Maximizing Insurance Recoveries, Pillsbury’s Joe Jean and Peter Gillon discuss the immediate and proactive steps affected businesses and other organizations should take to maximize their insurance recovery. 1. Obtain and Review Your Insurance Policies. 2. Assess All Possible Coverages. 3. Place All Insurers on Notice. 4. Document…

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Fourth Circuit Issues New Ruling on Point Sources Under the CWA

The Clean Water Act (CWA) authorizes citizen suits to enforce the provisions of the law which requires a permit to discharge a pollutant from a point source into navigable waters. Earlier this year, the U.S. Court of Appeals for the Fourth Circuit, in Upstate Forever v. Kinder Morgan Energy Partners, held that discharges…

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Is Your Company Prepared for an Unexpected or Catastrophic Loss?

In Hurricane Florence: Is Your Company Prepared for a Disaster?, Pillsbury’s Joe Jean, Tamara Bruno, and Janine Stanisz discuss how important it is for companies to understand how their insurance policies cover the company’s risk in the event of an unexpected or catastrophic loss. Having the correct insurance policies in place…

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Consumer Protections for California Residential Solar Energy Systems

It was already the case that in order to offer to install California residential solar energy systems, a contractor must be licensed by the California Contractors State License Board (CSLB) and must hold an appropriate specialty classification. Under AB 1070 enacted late last year (Chapter 662, Statutes of 2017), special…

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Cooperation and Collaboration With Government May Be on the Horizon

In Is the Pendulum Swinging on Agency and Government Contractor Cooperation?, Pillsbury attorneys Mike Rizzo, Glenn Sweatt and Kevin Massoudi discuss comments from the Department of Defense as well as recent good faith and fair dealing court decisions that point to and encourage improved contractor/government relationships. Their key takeaways include Government…

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Contractors Should Be Optimistic that the Best Value Tradeoff Process Will Be Employed by Civilian Agencies

In The Fiscal Year 2019 NDAA Imposes Government-Wide Limitations on the Use of Lowest-Price Technically Acceptable Procurements, Pillsbury attorneys Dick Oliver and Aaron Ralph are optimistic that contractors will soon have additional legal authority to demonstrate to civilian agencies that a best value tradeoff process should be employed. Congress’ trend…