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The Eviction Moratorium: A Texas Federal Court Holds the CDC Lacks Authority to Regulate Private Property Rights—BUT Eviction Moratorium Remains
Dykema, March 2021

On Thursday, February 25, 2021, a Federal Court Judge in the Eastern District of Texas sided with a group of landlords by holding that the eviction moratorium instituted by the Centers for Disease Control and Prevention (CDC) is unconstitutional by extending “far beyond the legitimate scope of federal power...

Buchalter COVID-19 Client Alert: FHFA Extends Freddie Mac and Fannie Mae Single-Family Eviction and Foreclosure Moratoria, and Extends GSE Forbearance and Deferral Lengths; List of Current Periods for GSEs, Federal Agencies and States of California, Washington, Oregon and Arizona
Buchalter, February 2021

By Michael Flynn, Doug Prince and Khaled Tarazi Buchalter’s February 16 COVID Alert (https://www.buchalter.com/wp-content/uploads/2021/02/FHA-VA-USDA-Foreclosure-and-Eviction-Moratoria-and-Forbearance-Application-Deadline-Extended-to-June-30.pdf) reported that the federal government had extended the FHA, VA and USDA timelines for single-family foreclosure and eviction moratoria and forbearance periods to June 30, 2021...

Buchalter COVID-19 Client Alert: Federal Court Declares CDC Eviction Moratorium is Unconstitutional, But Does Not Enjoin the Order
Buchalter, February 2021

 By Michael Flynn, Doug Prince and Khaled Tarazi  On Thursday, February 25, a Federal judge in the Eastern District of Texas ruled that the CDC tenant eviction order is unconstitutional, but did not enjoin the order.  The case was brought by seven Texas landlords against the CDC, challenging the CDC moratorium order.  The CDC moratorium applies to tenants who, among other things, declare economic hardship and earned $99,000 or less in 2020 ($198,000 for couples)...

Overcoming TM Maintenance Filing Hurdles Amid Pandemic
Bradley Arant Boult Cummings LLP, February 2021

As we near the second year of the COVID-19 pandemic, trademark maintenance deadlines in 2021 create new obstacles for registrants. To maintain a federal trademark registration, registrants must periodically file an affidavit of use under Section 8, swearing that the mark is in use in commerce or that the registrant has an acceptable excuse for nonuse. Recent office actions show that the U.S...

IHL Series: IR35 refresher
Shoosmiths LLP, February 2021

In an ever-changing working world, it has never been as important to stay in touch and up to date with what's happening around us. Our bite-sized webinars are designed to focus on practical tips for in-house lawyers...

Real Estate IHL Series - The Future of CVAs & other L&T issues
Shoosmiths LLP, February 2021

Andrew Pattinson and Anna Lowe interview Sarah Teal and Richard Symonds on how CVAs are currently being used, where they are going and what do landlords and tenants (and their advisors) need to know? What exactly is a CVA and why is it different from other forms of insolvency process A CVA is a company rescue procedure. It is a proposal whereby the company restructures its business (i.e. deals with historic debts, under performance stores etc...

VAT Reverse Charge to Apply from 1 March 2021
Shoosmiths LLP, February 2021

The VAT domestic reverse charge - referred to below as the reverse charge - is a major change to the way VAT will be collected in the building and construction industry. The reverse charge regime will come into effect on 1 March 2021 and will in many instances require customers receiving building and construction services to pay the VAT due directly to HMRC, instead of paying the supplier. This is a fundamental change to the way in which VAT is administered on construction contracts...

The End of the Line for Exclusionary Zoning: Berkeley Set to Make its Move
Hanson Bridgett LLP, February 2021

Key Points Later this month, the Berkeley City Council is expected to consider ending exclusionary zoning by December 2022. The city has a long history of implementing single-family zoning, which encourages more expensive stand-alone homes that are often inaccessible to disadvantaged populations. The shift would place Berkeley, which in 1916 became the nation's first city with single-family zoning, at the forefront of a modern era of inclusionary housing policy...

Buchalter COVID-19 Client Alert: FHA, VA, USDA Foreclosure and Eviction Moratoria, and Forbearance Application Deadline, Extended to June 30; Current List of Time Periods for GSEs, Federal Agencies and West Coast States Foreclosures and Evictions, and Forbearance Applications
Buchalter, February 2021

Following last week’s FHFA announcement extending the Fannie Mae and Freddie Mac foreclosure and eviction moratoria and their deadlines for applying for COVID-related forbearance, the White House announced on February 16 that FHA, VA, and USDA will extend their single-family residential foreclosure and eviction moratoria, and their deadlines for applying for COVID-related forbearance, to June 30, 2021...

Golden Visa: Changes to the Rules on Obtaining a Residence Permit for Investment in Portugal
PLMJ, February 2021

The reasons for the changes to the Golden visa rules: A legislative authorisation in the 2020 State Budget 2020 authorised the Government to review the rules on residence permits for investment provided for in Law 23/2007 of 4 July by the end of 2020. The aim is to encourage investment in inland areas, urban regeneration, cultural heritage, activities of high environmental or social value, and productive investment and job creation...

Strategic Land Development and Public Rights of Way
Shoosmiths LLP, February 2021

Takeaways from webinar on 2 February 2021 hosted by Karen Howard, Matthew Stimson and Grace Mitchell from our planning & environmental team. What are public rights of way and why are they relevant? A public right of way (PROW) is a type of highway - a route across land over which the public at large has a right to pass/ repass without permission or interference...

Re-Imagining Corporate Real Estate
Shoosmiths LLP, February 2021

This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click the link below.     We all know a happy engaged employee is a productive and successful employee. Unfortunately, the UK has one of the least engaged employee populations in Europe...

Option Agreements – Say what you Mean and Keep Litigation at Bay
Shoosmiths LLP, February 2021

In Fishbourne Developments Limited v Stephens, the Court of Appeal emphasised the importance of applying commercial common sense and considering the relevant factual background to a case when interpreting contracts. Fishbourne, a developer, had the benefit of an option to acquire a 117 acre farm in West Sussex...

Bricks and Clicks
Shoosmiths LLP, February 2021

This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click on the download link to the right of this page. Traditional bricks and mortar retailers, occupying premises under long leases with upwards only rent reviews, can be forgiven for looking enviously at online retailers and their flexibility and comparatively low overheads...

England’s Court of Appeal Restates Principles Applicable to “Subject to Contract” Negotiations
Deacons, February 2021

In Joanne Properties Ltd v Moneything Capital Ltd and Anor [2020] EWCA Civ 1541, England’s Court of Appeal had to decide whether the parties had entered into a binding contract of compromise contained in written communications passing between their respective solicitors. The Court below had held that a binding contract had been made, despite the fact that the correspondence in question had been marked “subject to contract”...

Outcome Related Fee Structures for Arbitration
Deacons, February 2021

Currently, Hong Kong lawyers are prohibited from charging outcome related fees in arbitration, other than pursuant to third party funding arrangements (for more information about third party funding, please see the article in our September 2017 newsletter)...

UK Supreme Court Rules on Arbitrator Impartiality and Duty to Make Disclosure
Deacons, February 2021

The recent judgment from the Supreme Court of the United Kingdom on Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, raised important questions about the requirement that there can not only be no actual bias, but also no apparent bias on the part of arbitrators in favour of or against any party in arbitration and also about the obligation of arbitrators in international arbitrations to make disclosure of multiple appointments concerning the same or overlapping subje

Competition Law and the Construction Industry – Deacons’ Services
Deacons, February 2021

Last year, there were a number of notable developments in competition law, as detailed in this article, several of which involve or are relevant to the construction industry. The Ocean Park case concerned proceedings against a company and its director for exchanging competitively sensitive information with a co-tenderer in a bidding exercise. A number of judgments were handed down in proceedings against contractors...

Build to Rent Can Play its Part
Shoosmiths LLP, February 2021

This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click on the download link to the right of this page.     One sector that has performed robustly during the pandemic is build-to-rent (BTR), with demand set to continue in the coming years as investors look to this sector to deliver long-term returns. According to a recent report, over £1...

2021 Notice of Tax Assessments Will Be Issued in February
Dykema, February 2021

The 2021 tax assessment of real and personal property will be determined by local Assessors in February, at which time a Notice of Assessment will be issued and mailed to property owners. Property owners should make sure to check the mail for a copy of the Notice in order to determine whether an appeal of their taxable value should be filed...

California Extends COVID-19 Eviction Moratorium; Provides Financial Assistance for Eligible Landlords and Tenants
Hanson Bridgett LLP, February 2021

Key Points Eviction protections that were set to expire January 31 have been extended to June 30, 2021 New notice requirements took effect February 1 Landlords may not charge late fees or increase rent or fees for tenants who attest to COVID-19-related financial distress State Rental Assistance Program may pay 80 percent of a qualified tenant's rent if landlord forgives the remainder On January 29, 2021, California Senate Bill 91 became law, effective immediately...

Knowing Your Options – The Michigan Court of Appeals Enforces Option to Purchase Without Fixed Price Clause
Dykema, February 2021

Leases often include language that gives a tenant the option to purchase the leased property during or at the end of the lease term. The Michigan Supreme Court has held that these options to purchase, or “options” as they are commonly referred, are “simply a contract by which the owner of the property agrees with another that he shall have a right to buy the property at a fixed price within a specified time...

Prioritise Employee Welfare and Reap the Rewards
Shoosmiths LLP, February 2021

This article forms part of our ‘New How: Perspectives’ report: ‘Can real estate help solve the productivity puzzle?. To access this free report, please click on the download link to the right of this page.   If somebody asked me at the start of 2020 whether I could join a meeting by video, my immediate thought would have been: “no, that sounds far too difficult and I don’t think we really have the technology to do that”...

Eleventh Circuit Panel Revives FCA Mortgage Fraud Case, Reversing Materiality-Based Summary Judgment Dismissal
Dinsmore & Shohl LLP, January 2021

An Eleventh Circuit panel has breathed new life into a long-running, $248 million False Claims Act (FCA) qui tam case, United States ex rel. Bibby v. Mortgage Investors Corp.,[1] reversing the district court’s grant of summary judgment for the defendants.[2] Materiality lay at the heart of the case, which involved allegations that the defendant finance companies misled the U.S...

The New Normal – The Consolidated Appropriations Act Temporarily Codifies Pandemic-Related Bankruptcy Relief for Commercial Tenants (But It’s Not All Bad For Landlords)
Dykema, January 2021

On December 27, 2020, the Consolidated Appropriation Act of 2021 (the “CAA”) was enacted to provide additional coronavirus stimulus and relief for businesses challenged by the ongoing COVID-19 Pandemic...



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