log in
Submit an Article | Back

Member Articles

Selected Filters:
Practice Industry: Agriculture, Environmental, Real Estate & Construction

Sort By Title  |  Sort By Date

COVID-19 Outbreak and the Hong Kong Construction Industry
Deacons, August 2020

On 27 July 2020, the Centre for Health Protection reported a large-scale outbreak cluster on a construction site at the Peak with 13 workers of Kin Shing (Leung’s) General Contractors Limited being infected with COVID-19. Over 100 people work in the same construction site on a daily basis...

Generating Captive Revenue through Tenant Liability Programmes
Bradley Arant Boult Cummings LLP, August 2020

The real estate sector is facing numerous economic challenges. The property and casualty markets are hardening, while tenants are looking for rent concessions. Meanwhile, moves by some businesses to allow more working from home could significantly reduce demand for office space. When insurance expenses are increasing, a captive may be used to stabilise premium costs by increasing deductibles and insuring the deductibles in the captive...

Construction Industry Arbitration Commission ("CIAC") Guidelines on the Conduct of On-Line or Virtual Proceedings for CIAC Cases
SyCip Salazar Hernandez & Gatmaitan, July 2020

This is a briefing on the CIAC Memorandum Circular No. 01-2020 dated June 10, 2020,1 a COVID-19 related issuance. A. Authority to Hold Virtual Proceedings B. No Change in the Deadline for the Issuance of Final Awards C. In-Person Proceedings D. Conduct of Virtual Proceedings ______________________________________________________________________________________________________________ CIAC’s Memorandum Circular No...

Buchalter COVID-19 Client Alert: UPDATE: San Francisco’s Emergency Ordinance on Cleaning Commercial Office Buildings and Hotels Signed by Mayor and Became Effective July 17, 2020
Buchalter, July 2020

  The San Francisco Emergency Ordinance on cleaning commercial office buildings larger than 50,000 square feet and tourist hotels was signed by the Mayor on July 17th, becoming effective immediately upon her signature. As noted in a prior Buchalter Client Alert, there are many problems with this Ordinance and, unfortunately, none of those problems were corrected before it was signed into law...

CEQ Final Rule for Federal Agencies Implementing NEPA
Hanson Bridgett LLP, July 2020

Key Points New CEQ rule updating NEPA to go into effect September 14, 2020. Development and other projects funded, assisted, or regulated by federal agencies will receive less scrutiny in the future. Highlights The Council on Environmental Quality (CEQ) issued a final rule to update its regulations for federal agencies implementing the National Environmental Policy Act (NEPA)...

Kentucky Community Property Trust Act Provides Significant Basis Planning Opportunities for Married Couples
Dinsmore & Shohl LLP, July 2020

On July 15, 2020, the Kentucky Community Property Trust Act (the “Act”; codified at KRS 386.620 et seq.) became effective, instituting an elective community property regime under Kentucky law. The intent of the Act is to permit spouses to receive a stepped-up basis for federal income tax purposes at the death of the first spouse in 100 percent of the property they have elected to treat as community property...

Residential Evictions: What Tenants Need to Know
Lowenstein Sandler LLP, July 2020

LOCKOUTS Can I be locked out of my home during the COVID-19 emergency? No. On March 19, 2020, New Jersey Governor Philip Murphy issued Executive Order 106, which immediately suspends evictions throughout the state. This is called an “eviction moratorium,” and it means that, except in rare circumstances, no tenant may be removed from his or her home as a result of an eviction proceeding...

Ministry of Energy Establishes Criteria for Requests of Unique Collective Permit Applicable to Power Generation Companies
Carey, July 2020

By means of Ordinary Resolution No. 675/2020 dated July 8th, 2020 (“Ordinary 675”), the Ministry of Energy established the criteria of the requests of Unique Collective Permits applicable to companies with power generation businesses in the context of the transit instructions issued by the sanitary authority due to the COVID-19 outbreak...

Draft General Permit for Winery Wastewater Discharge Released for Comment
Buchalter, July 2020

  The State Water Resources Control Board (“SWRCB”) released a draft of its General Waste Discharge Requirements for Winery Process Water (“Draft WDR”) on July 3, 2020 for public comment. Comments will be accepted by the SWRCB until August 5, 2020. California wineries should review the Draft Order carefully to determine whether they will be subject to its requirements and, if so, how it will impact their operations...

Buchalter Client Alert: Draft General Permit for Winery Wastewater Discharge Released for Comment
Buchalter, July 2020

July 10, 2020 By: John Epperson The State Water Resources Control Board (“SWRCB”) released a draft of its General Waste Discharge Requirements for Winery Process Water (“Draft WDR”) on July 3, 2020 for public comment. Comments will be accepted by the SWRCB until August 5, 2020. California wineries should review the Draft Order carefully to determine whether they will be subject to its requirements and, if so, how it will impact their operations...

Towards New EU Rules for Preventing Packaging Waste
ALTIUS/Tiberghien, July 2020

The European Commission (“EC”) is collecting data and feedback from stakeholders about the European Union’s (“EU”) current rules on packaging and packaging waste. Based on these insights, it will propose an amendment to the current rules that aim to ensure a properly functioning market for packaging recycling and diminishing packaging waste...

Underperforming real estate: Can REIT (funds) assist developers in the UAE?
Afridi & Angell, July 2020

During these unprecedented times, developers all over the world are actively looking for solutions to deal with underperforming real estate. For developers in the United Arab Emirates (UAE), real estate investment funds (otherwise known as REITs) may offer a solution to the problem. A REIT is a public or private investment fund which is established to invest a certain percentage (as stipulated by law) of its assets in real estate...

New Unfair Trading Practices in the Food Supply Chain
ALTIUS/Tiberghien, July 2020

Within the agricultural and food supply chain, significant imbalances in bargaining power between suppliers and buyers of agri-food products are frequent. Those imbalances in bargaining power are likely to lead to unfair trading practices. The Directive 2019/633 (the “Directive”) aims to ensure that agri-food companies are protected against these unfair practices.   Scope of the Directive The Directive’s scope is very limited...

Buchalter Client Alert: San Francisco Cannot Impose a Transfer Tax on the Value of an Existing Lease With a Remaining Term of Over 35 Years When the Building is Sold
Buchalter, July 2020

A recent opinion, 731 Market Street Owner, LLC v. City and County of San Francisco (Cal. Ct. App., June 18, 2020, No. A154369) 2020 WL 3285962 (“731 Market Street Owner”), issued by a California Court of Appeal in San Francisco provides some relief to San Francisco building owners...

Golden Visa: The Conditions and Requirements to Obtain and Renew an Investment Residence Permit in Portugal
PLMJ, July 2020

The regulations of the legal framework for foreigners in Portugal and the procedure and rules to be followed by applicants for Investment Residence Permits (normally referred to as “Golden Visas” or “ARIs”), provide for a large number of investment models within the eight types of investment activity with the following specifics. Investment activities a) Transfer of capital of at least EUR 1,000,000...

Court of Appeal Upholds State Board’s Broad Power to Regulate Riparian and Pre-1914 Appropriative Water Rights to Protect Threatened Fish
Hanson Bridgett LLP, July 2020

Key Points The Third Appellate District in Stanford Vina Ranch Irrigation Co. v. State found that the State Board could promulgate emergency drought regulations and issue curtailment orders necessary to protect threatened fish...

Taxonomy Regulation
PLMJ, June 2020

Introduction and background The “Action Plan: Financing Sustainable Growth” was published by the European Commission on 8 March 2018 and it established a financing strategy to redirect capital flows towards sustainable investment...

Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides
Buchalter, June 2020

On June 22, 2020, a US District Court for the Eastern District of California issued a permanent injunction against requiring a Proposition 65 warning on the labels of herbicides containing glyphosate, such as Roundup.  In National Association of Wheat Growers, et al. v...

COVID Program - RENT Before Starting (UPDATE 02)
Kocian Solc Balastik, June 2020

The state contribution for commercial leases to entrepreneurs with forcibly closed establishments will be launched on June 26, 2020 at 9 AM. If the entrepreneur has negotiated a 30% discount on the rent from his landlord, he will be able to apply for state support in the amount of 50% up to a ceiling of CZK 10 million for the period from April to June...

Protection for Commercial Tenants in Alberta Now Available in the Wake of COVID-19
Lawson Lundell LLP, June 2020

Protection for commercial tenants, similar to what was previously announced in British Columbia, is now potentially coming to Alberta. See the Alberta government’s news release, dated June 16, 2020. On June 16, 2020, the Alberta government introduced Bill 23: the Commercial Tenancies Protection Act, which is intended to protect commercial tenants from evictions and lease terminations during the COVID-19 pandemic...

Buchalter COVID-19 Client Alert: Financial Accommodations for Airport Tenants in Response to COVID-19
Buchalter, June 2020

Airport sponsors and their legal counsel have been forced by the COVID-19 pandemic to exercise judgment and make tough decisions regarding the financial accommodations they will offer their commercial aeronautical tenants to help them weather the current storm...

Opening the Golden Door: The Fourth District Shines a Light on CEQA Compliant Greenhouse Gas Mitigation
Hanson Bridgett LLP, June 2020

Key Points The third Golden Door iteration resulted in a common refrain: San Diego County has not yet reached the high bar for greenhouse gas mitigation (GHG) measures under CEQA Enforceability is a significant component of a CEQA compliant GHG mitigation measure In a nod to the recently approved Newhall Ranch plan, the Court of Appeal outlined the contours of acceptable carbon offset programs, both within and outside California In Golden Door Properties, LLC, v...

Can a Contractor Sue on a Quantum Meruit Basis after Terminating a Contract for Repudiation?
Deacons, June 2020

In the recent case of Peter Mann v Paterson Constructions Pty Ltd [2019] HCA 32, the High Court of Australia had to consider whether remuneration for work and labour done by the Respondent for the Appellants under a domestic building contract, before the contract was terminated by the Respondent’s acceptance of the Appellant’s repudiation, was recoverable by the Respondent under the contract, or alternatively, as restitution for unjust enrichment (on a quantum meruit basis) a

Agricultural and Livestock Service Issues Regulations to Adapt the Availability of its Services Regarding the Program of Exports of Origin During the Covid-19 Pandemic
Carey, June 2020

Considering the Covid-19 pandemic, the Agriculture and Livestock Service (Servicio Agrícola y Ganadero, "SAG") issued the Exempt Resolution No. 3,439, dated May 19, 2020 to update the Program of Exports of Origin. (View update here.) This Resolution was published in the Official Gazette on June 10, 2020...

CORFO Creates Green Credit to Boost Investment in Renewable Energy, Energy Efficiency and Circular Economy Projects.
Carey, June 2020

On June 11, 2020, Resolution No. 29/2020 (“RES 29”) of the Chilean Economic Development Agency (“CORFO”), which approved the regulations that will govern the “Green Credit” program, was published in the Official Gazette. The RES 29 aims to endorse the investment in renewable energy projects during the economic contingency arising post Covid-19. (https://www.corfo.cl/sites/cpp/sala_de_prensa/nacional/10_06_2020_corfo_crea_credito_verde)...

 

 

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

HOME | SITE MAP | GLANCE | PRIVACY POLICY | DISCLAIMER |  © World Services Group, 2020