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In “No Cutting the (Priority) Line!: Incidental Beneficiaries to Assumed Contracts and Leases Cannot Assert Cure Claims Against Debtors,” colleagues Dania Slim and Alana A. Lyman examine a recent Second Circuit decision that suggests incidental beneficiaries without legal rights under assumed contracts or leases may not assert cure claims.

 

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Cities in the San Francisco Bay Area are frantically working to finalize their state-mandated “housing elements” in their General Plans by the January 31, 2023, deadline imposed by the California Department of Housing and Community Development (HCD). For Bay Area cities like San Francisco, Oakland, San Jose and Berkeley, the plans must be approved by HCD on or before January 31, 2023. California municipalities have extra incentive to get their housing elements approved this year, because the failure to meet the deadline may subject them to a remedy known as the “builder’s remedy.”

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The Supreme Court rejected EPA’s Obama-era Clean Power Plan in a decision that has significant implications both for future attempts by EPA to regulate CO2 emissions and for other agencies attempting to promulgate rules that implicate “major questions.” In “Supreme Court Issues Opinion in West Virginia v. EPA” Anne Idsal AustinShelby L. DylSheila McCafferty Harvey discuss the impact the decision will have on environmental policy.

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Jamie Bobotek, Pillsbury partner, will be moderating during the “Redefining Live-Work-Play: A National Landing Development Outlook” panel at Bisnow’s National Landing Update: NoVa’s Newest Live, Work, Play Destination event on March 22. For more information and to register, please visit the event page.

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For the OECD Nuclear Energy Agency‘s recently released Principles and Practice of International Nuclear Law, Pillsbury partner William E. Fork has joined with Akos Frank (NKT) to provide a lawyer’s view of nuclear project development in Chapter 6: Nuclear Trade and Project Development discussing new builds, project development and construction.

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The Biden Administration announces the Building Performance Standards Coalition, commercial real estate sales in the metaverse topped $500 million in 2021, the New York eviction ban expires, and more. Continue Reading ›

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With 2021 now behind us, we wanted to share our top five most-read articles of 2021 from Gravel2Gavel. The most-read blog posts covered real estate and construction industry trends ranging from Proptech, smart construction, COVID-eviction moratoriums, and blockchain tokenization.

Throughout the year, G2G posts provided deep industry insight and summarized hot topics addressing the legal implications and disruptions that affected the market, and we will continue to expand on these insights in 2022. Our 2021 roundup:

  1. Blockchain Innovations and Real Estate: NFTs, DeFis and dApps by Craig A. de Ridder
  2. Washington, DC’s COVID-19 Eviction Moratorium Expires by Amanda G. Halter and Adam J. Weaver
  3. Operating an Adult-Use Cannabis Business in New York: Licensing and Considerations for Landlords and Tenants by Caroline A. HarcourtBrian H. Montgomery, and Adam J. Weaver
  4. Smart Construction and the Future of the Construction Industry by Caroline A. Harcourt and Adam J. Weaver
  5. Smart Technology in Commercial Real Estate by Rachel Newell

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In July, several U.S. Senators introduced the Revitalizing Downtowns Act to Congress. In our previous post, we discuss how the bill is modeled after the federal historic rehabilitation tax credit, would provide a federal tax credit equal to 20 percent of “qualified conversion expenditures” with respect to a “qualified converted building.

As the pandemic continues, many office buildings may remain vacant and unused, leaving downtowns with fewer opportunities for investment and revenue generation. One potential impact of the bill would be the increased investment in affordable housing. With many cities large and small struggling to provide enough affordable housing, the act would create an opportunity to develop vacant buildings into much needed affordable housing developments.

In addition to creating jobs, the creation of affordable housing has the potential to slow down the gentrification affecting many large cities, said former U.S. Congressman Lacy Clay, now a  Senior Policy Advisor at Pillsbury.

Read more here.