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Legal news

Bay Area Reopening Tracker (4/27/21)

As new cases of COVID-19 declines, every County from the San Francisco Bay Area is invisibly slowly in compliance with the California’s coloured tier system. The patchwork of local rules and orders isn’t simple to follow. Our Bay Area Reopening Tracker is here to help. We’ve included each of the nine Bay Area counties, as well as their various current grade, Health Order (and other relevant orders), and also our brief comments regarding their status. Please check back with us–we intend to upgrade the Bay Area Reopening Tracker weekly for the foreseeable future.…

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Environmental Justice Legislation Update

Environmental Justice, as an urgent priority of the Federal Government, dates back to 1994, along with President Clinton’s issuance of Executive Order 12898.

This order directed federal agencies to identify and address, as appropriate, the disproportionately high and adverse human health and environment effects of its many programs, policies and procedures to minority populations and low-income inhabitants. The principal legal basis for the purchase was Title VI of the Civil Rights Act of 1964, in particular, Sections 601 and 602, which prohibit discrimination in programs and activities receiving federal financial aid and aid. Through the Years, the Supreme Court has reviewed the range and significance of Title VI. In Alexander v. Sandoval, determined in 2001, the Court concluded that while private parties could sue to enforce Section 601 or its implementing regulations, as written, Section 601 simply prohibits intentional discrimination. Noting that disproportionate effect is not the only touchstone of invidious racial discrimination. Additionally, the Court also ruled in Sandoval that private parties cannot sue to enforce regulations implementing Section 602. Maybe as a acknowledgement of those openings, the Environmental Protection Agency (EPA) has established an administrative procedure to process environmental justice complaints in 40 CFR Part 7. Without strengthening the statutory base of environmental justice, the application can continue to be the topic of countless symposiums and seminars. Nevertheless, this may change shortly.
Wallpaper
In the 116th Congress, a group of Congressmen filed a comprehensive statement to”restore, reaffirm, and reconcile environmental justice and civil rights, provide for the creation of the Interagency Working Group on Environmental Justice Compliance and Enforcement.” This bill, H.R. 5986, included esophageal Findings that”communities of colour, low-income communities, both Tribal and native communities, both fossil fuel-dependent communities and other vulnerable populations are… disproportionately burdened by environmental dangers which include exposure to polluted air, landscapes and castles.” The statement defines”environmental justice” as”the fair treatment and meaningful involvement of all individuals regardless of race, colour, culture, national origin or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each individual likes (A)the identical level of protection from environmental and health risks, and (B) equivalent access to any Federal agency action to environmental justice issues in order to have a healthful environment….” In the brand new 117th Congress, Representative Ruiz presented April 8, 2021 a considerably shorter bill, H.R. 2434, entitled the”Environmental Justice Act of 2021.” Both bills share many common characteristics, and one of the very initial actions taken by President Biden was to issue Executive Order 13990, which included a mandate to federal agencies to advance and enhance environmental justice. A couple of days ago, the new Administrator of EPA led all EPA offices to integrate environmental justice in their plans and actions, and also to embed equity in their programs and solutions.

Section two of the bill says that it’s the policy of the Congress that each Federal agency will want to attain environmental justice as part of its mission by identifying and addressing, as appropriate, disproportionately adverse human health or environmental effects of its programs, and should provide direct advice and technical help to affected communities. Additionally, two Federal agencies should realize the right of all people to clean air, safe and affordable drinking water, protection from climate risks and he preservation of the natural atmosphere.
Section 3 defines 22 terms utilized in the bill such as”community of colour,””disparate impact,””disproportionate lack of negative human health or environmental effects,””environmental justice,””fair treatment” and”low income community.” “Fossil fuel reliant communities” is described in Section 29 which provides for its revitalization of these communities.
Section 4 discusses how”prohibited discriminations.” Section 601 of the Civil Rights Act of 1964 could be amended to prohibit discrimination based upon the”disparate impact” of a national program which, even if appearing impartial, really has the effect of subjecting persons to discrimination because of their race, color or natural origin. This provision appears intended to reverse the Sandoval judgment of the Supreme Court.
Section 5 amends Section 602 of the Civil Right Act to allow any person”aggrieved” by the failure to abide by this law to file a lawsuit in federal court from any national agency without regard to the amount in controversy or into the citizenship of the parties. This section also seems to amend the law the Sandoval court was construing.
Section 6 discusses the rights of recovery. When intentional discrimination is proved, the defendant agency might be responsible for compensatory and even punitive damages, attorneys and expert fees, and the price of litigation. In the case of evidence of disparate impact discrimination, the attorney’s fees and court costs might be recovered.
Section 7 amends the Clean Water Act to allow the thought of a cumulative effect of a National Pollutant Discharge Elimination System (NPDES) permitted release, and also to consider if there’s no longer”a reasonable certainty of no harm to the health of the overall populace or to any vulnerable or vulnerable sub-population,” thus requiring a refusal of their permit or its renewal. This section also amends the Clean Air Act to define”cumulative impacts” and in addition gives a new process by which important source air pollution licenses could be refused.
Section 8 authorizes the President to set the Interagency Working Group on Environmental Justice Compliance and Enforcement. Among other matters, the Working Group will develop and publish in the Federal Register guidance documents to assist Federal agencies in dealing with environmental justice issues, and to develop a coordinated Federal environmental justice plan.
Section 9 requires each member agency of the Working Group an agencywide environmental justice plan over a couple of years of the enactment of this action. The plan will stick to the template specified in this legislation. Furthermore, each agency will participate in human health and ecological study data collection and analysis, which may be utilised in disproportionate effect analysis, and publish fish consumption advice.
Section 10 establishes the ranking of Environmental Justice Ombudsman in EPA. Each EPA regional office might be delegated to Ombudsman, and the Ombudsman will report directly to the EPA Administrator rather than into the agency’s Office of Environmental Justice.
Section 11 authorizes the Secretary of the Interior to operate a program to provide grant money to qualified parties to enhance”Access to Parks, Outdoor Spaces, and Public Recreation Opportunities.” 1 source of capital will be earnings created by the federal offshore oil and gas system and the Gulf of Mexico Energy Security Act of 2006.

Section 14 establishes additional protections relating to Federal actions impacting environmental justice by mandating the creation of a community influence environmental justice report solely by the applicable Federal agency. This section also provides that if a National Environmental Policy Act (NEPA) inspection is warranted for environmental justice issues, the agency must consider all possible direct, indirect and cumulative impacts.
Section 15 requires compulsory environmental justice instruction for several Federal workers.
Section 16 establishes an Environmental Justice Grant application to be handled by EPA. Eligible recipients should be non-profit organizations. $25 million will be approved for decades 2021 through 2025.

Section 18 Requires the President to establish a National Environmental Justice Advisory Council to provide independent advice and recommendations to EPA.
Section 19 Requires EPA to create a public internet-based Environmental Justice Clearinghouse.
Section 20 mandates regularly scheduled public ecological justice encounters with the Administrator and in the Regions.
Section 21 requires the Administrator to ensure that all Supplemental Environmental Projects(SEP) that repay environmental justice complaints involve the affected area.
Section 22 addresses the dilemma of tribal Coastal Zone Management projects.
Sections 23 through 26 concern cosmetic labelling, safer childcare centers and related personal care difficulties.
Section 28 addresses the creation of earnings needed to get”Just Transition Support,” primarily though mineral leasing administered by the Department of the Interior.
Section 29 will authorize the Secretary of the Treasury to utilize the funds created by Section 28 to purify fossil fuel impacted communities.
Section 30 Requires the Comptroller General of the United States to assess the efficacy of this law in a couple of years.
H.R. 2434
A modest bill in many respects, H. R. 2434 was introduced by Representative Ruiz; it’s eligible, the”Environmental Justice Act of 2021.” Its purpose is to require federal agencies to address environmental justice, particularly in the agency’s enabling activities. To this end, this legislation will require the thought of”cumulative impacts” in empowering actions. This legislation defines”environmental justice” in terms almost identical to the definition of H.R. 5986. On the flip side,”Fence line Communities” is a brand new definition–a population living in close proximity to a source of contamination. This new legislation says that, to the extent permissible under applicable law, each agency will make achieving environmental justice part of its mission. As in the earlier legislation, both the Clean Water Act and the Clean Air Act will be amended to authorize the consideration of cumulative impacts in permitting decisions. H.R. 2434 provides that no present legislation will preclude the right to bring an action under 42 U.S.C. Section 1983, that is said to be implied beneath a protected law or common law. In addition, the 1964 Civil Rights Act will be amended to allow private rights of action in the instance of discriminatory governmental practices.
Conclusion
Having a slim but aggressive progressive majority along with the backing of the Administration, it’s likely that there will be a severe effort to reevaluate new Environmental Justice legislation. Expanding Title IV of the Civil Rights Act of 1964 and the applicability of Section 1983 to Environmental Justice issues are certain to spur any serious debates in the Congress. However, without a strong statutory framework, the predictability and effectiveness of almost any Environmental Justice program may well rely on the government in power.
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The”Climate 21 Project” Prepared for the New Administration…

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Environmental Justice Legislation Update

By Anthony B. Cavender

This order directed federal agencies to identify and address, as appropriate, the disproportionately high and adverse human health and environment effects of its many programs, policies and procedures on minority populations and low carb populations. The primary legal basis for this particular purchase was Title VI of the Civil Rights Act of 1964, in particular, Sections 601 and 602, which prohibit discrimination in programs and activities receiving federal financial help and assistance. Through the Years, the Supreme Court has examined the scope and significance of Title VI. In Alexander v. Sandoval, decided in 2001, the Court reasoned that while personal parties could sue to enforce Section 601 or its implementing regulations, as written, Section 601 simply prohibits intentional discrimination. Noting that disproportionate effect isn’t the only touchstone of all invidious racial discrimination. Moreover, the Court also ruled in Sandoval that private parties cannot sue to enforce regulations implementing Section 602. Perhaps as a acknowledgement of these openings, the Environmental Protection Agency (EPA) has established an administrative procedure to process environmental justice complaints at 40 CFR Part 7. Without strengthening the statutory foundation of environmental justice, the program may continue to be the subject of countless symposiums and seminars. Nevertheless, this may change shortly.
Continue Reading’…

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A Deep Dive into the Organization Transparency Act

In event #29 of Business Insights podcast, Andrew Weiner joins host Joel Simon to the next installment of the two-part evaluation of the Organization Transparency Act (CTA). In this event, Weiner turns his focus to the questions and ambiguity underlying terms like”beneficial owner” and”control”
Joel Simon: Let’s continue our talk regarding the CTA! My understanding is that it doesn’t apply to larger or more established companies, but it may appear that funding, new investment vehicles along with nearly any normal startup industry would be required to report data that has historically been kept secret.
Andrew Weiner: I concur with you, Joel, the CTA are a particular burden on small companies, which normally won’t have an exemption however would be the least able to undertake another paper-intensive obligation. I agree it is probably subject to the regulations the many major companies can prevent any significant disclosure. Particularly as a property attorney, there are numerous substantial entities which will still need to comply and it will nonetheless be a major deal, at least my business. Another major question: Who is a beneficial owner of the reporting firm whose personal data must be disclosed? The definition of”beneficial owner” with regard to any reporting firm is any person who directly or indirectly, through any contract, agreement, understanding, relationship or otherwise, possibly exercises significant control over the reporting firm or possesses or controls less than 25% of the beneficial interest of the reporting firm. This really can be a binary evaluation. Control parties must be disclosed, and 25 percent or more beneficial owners must be disclosed. Furthermore, the CTA requires disclosure of applicants–anyone who files an application to make a reporting entity under any state or tribal law, or an application to be eligible as a non-U.S. reporting entity to conduct business from the U.S., should likewise be identified and disclosed. This is a small head-scratcher because filers are almost never chief owners or control parties however are more likely to be authorized assistants, in-house counselors or junior partners in law firms. Staff of corporate support companies might perhaps also be considered candidates. This is likely to shake up the way entities are formed.
Simon: It seems to me that authorities will have their hands filled with fleshing out the facts on this one, and that lawyers and clients need to try and have a jump on things to stay on top of the curve. What are some examples of problems and scenarios which you can see need to be addressed?
Weiner: The definition of”beneficial owner” will be also, in its fullest literal expansion, breathtakingly broad, subjective and filled with ambiguities. Perhaps the regulations can help, perhaps not. The statute, by way of instance, doesn’t mention attribution roles. Are members of the household aggregated? Are affiliated companies constantly aggregated? Substantial control is not a recognized term in ordinary business activities. The phrase”arrangement, understanding, relationship or “–will be used to permit fishing expeditions from FinCEN? When an entity has an interest at a reporting firm, as I mentioned previously, but no people who are beneficial owners of the reporting firm where it has an interest, it might also be a reporting firm. In this event, its beneficial owners must be noted so a thing that doesn’t do anything other than invest in a different reporting company and not control it and not own 25 percent will have individuals who control the next thing. If the entire series has to be disclosed and may be cross-indexed, then this is a far deeper investigation than first seems. As to significant hands, if choices are made by unanimous or supermajority consent, or when conclusion is diffuse or when an person is needed directly or indirectly to get a quorum, is that substantial control? How about control over daily operations or typical key decision rights? If you are a thing whose chair or key investor actually makes important decisions, or needs to be consulted but doesn’t have formal direct jurisdiction, is that he or she reportable? Can the lender or creditor class cross the line if the loan documents or rules at the bankruptcy give them control or funding rights. As to ownership, in ascertaining 25 percent or more beneficial ownership, exactly how are complex funds piles evaluated? How are tiered returns, boosts, contention obligations and equity kickers taken into consideration? How about different classes of stock, particularly preferred stock. And who makes this decision? Is it the business that reports or the investor who has the information? To be decided. The strategy taken by treasury in its regulations can, as with lots of things as to the CTA, function as key.
Simon: When can you feel approach will be understood?
Weiner: I suspect that the draft will be available by the end of summertime 2021 and perhaps before. Treasury is working on this for a while in anticipation of legislation. A lot will depend on if treasury favors objective and readily definable standards, which might leave some loopholes available open and ambiguous language which will theoretically close all loopholes but will probably be harder to employ. The possibility of conflict between people who are tasked with solitude and people who have the information can also be very obvious. How can conflicts between investors and patrons, attorneys, particularly in-house counselors, and customers, administration, and owners, LLC or venture investors among themselves–how can these be solved? Does a reporting party have a right to rely on the data it receives? What exactly does it do when it questions the information? I propose the adoption of a kind certification like a FERPTA certification where a reporting person can relyon. Maybe that’ll be utilized? Treasury has several national and international versions as well which may be utilized, some of which are rather workable. My advice to customers is it is not wise to wait for the regulations. I’ve already been asked by some customers to determine whether or not an exemption applies. For other customers, we are working on incorporating provisions to their creation documents or for both financial institutions and loan documents that speech CTA compliance. Our kind provisions will include extended indemnifications for failure to honor or to get bad details. But perhaps other treatments should also be considered. Privacy and confidentiality provisions of present documentation should also be produced consistent with the CTA. We expect to get asked by shareholders to indicate language which deals with who makes decisions as to their disclosure, and it can be a more fraught issue. I anticipate that talks with in-house counselors of our customers will also be very interesting because their battle position is intense. Our overseas and family clients ought to be the most educated in this regard. For lawyers, what obligations does a lawyer or law firm decide up by forming a reporting firm or simply by having formed it before prior to the CTA has been adopted? How does the procedure for entity formation change? Does law firms still be involved? Imagine if a client will not disclose or the attorney possesses information that the client is not fully displaying? What if there’s a debate over the definitions of control or 25 or more percentage beneficial ownership? Should involvement letters and disengagement letters from law companies have been revised? There is no potential for bearer instruments from the U.S.. The CTA bans the problem in some bearer shares and bearer certificates evidencing ownership for a means to prevent end runs across the disclosure demands.

Weiner: There is good news . Nobody has to honor before the regulations become effective, which is not probably until 2022. Compliance can also be a precondition to qualification to conduct business. This is obviously a major change from current practice where simple entry of a brief notice is the only requirement. Note that most nations haven’t even started the process of shifting their rules to incorporate this requirement. They have 10 weeks to go. Along with the registry itself does not exist. Present entities do not need to disclose till two decades after the effective date, so that’s over two decades. Along with the government contractor disclosure obligations are delayed for two decades. Another program relates to the present client due diligence rules levied on financial institutions. There is an express provision in the CTA the CDD rules should be conformed to the CTA within a year. This is broadly considered to be a signal that financial institutions will be permitted to require the registry for advice rather than collecting it themselves. We’ll see. Once the CTA is effective, reporting firms must disclose changes in their previously disclosed information within a year after the change. Our regular CTA provision for creation documents will require this disclosure by shareholders or co-owners, and perhaps need a periodic certification of no change. As to penalties, penalties… criminal and civil penalties and fines apply both to willful reporting offenses and to unauthorized disclosure or use of database details. Penalties can increase if the breach is in relationship with a routine of illegal action.
Simon: Well, this certainly is an area people should continue to keep an eye on since the rules come out, people comments are solicited, and compliance regimes creep up.…

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A Deep Dive into the Business Transparency Act

From Joel Simon and Andrew J. Weiner

In episode #29 of Industry Insights podcast, Andrew Weiner joins host Joel Simon to the next episode of the two-part evaluation of their Organization Transparency Act (CTA). In this episode, Weiner turns his focus to the questions and ambiguity inherent phrases like”beneficial owner” and”substantial control”
Continue Reading’…

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Legal news

Bay Area Reopening Tracker (4/15/21)

As new cases of COVID-19 declines, each County in the San Francisco Bay Area is reopening gradually in line with the California’s colored tier system. The patchwork of local orders and rules is difficult to follow. Our Bay Area Reopening Tracker is here to help. We have included all the eight Bay Area counties, as well as their respective current grade, Health Order (and additional important orders), and also our short comments regarding their status. Please check back in with us–we aim to update the Bay Area Reopening Tracker per week for the foreseeable future.…

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Bay Area Reopening Tracker (4/15/21)

By Robert C. Herr, Robert G. Howard and Allan Van Vliet

As new instances of COVID-19 declines, each County in the San Francisco Bay Area is invisibly slowly in accord with the California’s coloured tier program. The patchwork of local rules and orders is difficult to follow. Our Bay Area Reopening Tracker is here to help. We’ve included each of the eight Bay Area counties, and their respective present grade, Health Order (and additional important orders), and our brief comments about their standing. Please check back in with us–we aim to upgrade the Bay Area Reopening Tracker per week for the near future.…

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Link Corner: Gensler’s Ryley Poblete

The Real Estate and Construction business may be huge, but as with all industries, it comes down to the folks who help make it come together. From time to timewe love to profile a few of those individuals.
Ryley Poblete is currently a Senior Designer with international design and design firm Gensler, having spent the better part of the last decade working in the corporation’s Sciences Practice creating a portfolio of work centered throughout life sciences. An avid runner, urbanist, photographer, artist and coverage enthusiast, Ryley can be found, in his spare time,”studying the newest Economist or digging into a project’s context to really specify a new piece of architecture in the cities” where he functions. Asked how he would describe his occupation into a layperson, Ryley adds,”I use developers and biotech customers in planning and structuring improvements to best match their position.”
Tell us about an interesting project you are working on.
Poblete: Over the past year and a half, I have been focusing on a project referred to as the Fenway Center life science campus. It’s a 22-story, almost one-million-square-foot development within the Massachusetts Turnpike. It’ll be one of the largest fresh air rights projects in the Boston region of the previous 40 years. The project is for our customers IQHQ and Meredith Management. Meredith Management has been working with this project for 20 years, establishing the funds and also the first phase of the project. When the next phase came around, IQHQ brought in the capital to really take the development to another level. The Principals in our Boston office developed a great relationship with our spouses at IQHQ, and that has resulted in a portfolio of projects which are defining this present wave of lifestyle investment throughout the nation. The Fenway Center endeavor will probably have one of the largest automated garage programs in the nation and will likely be paired with a playground which will be named Life Science Park: A Monument to Life Sciences and Public Health. The state-of-the-art lifestyle arts campus will anchor a study, academic and medical district between Kenmore Square and the Longwood Medical and Academic Area, one of our nation’s premier research and treatment centres.

Poblete: My proudest professional moment has to be attaining a permit for our customers for the deck which will support the Fenway Center project in Boston. Being that it’s such a gigantic air rights project and a few of Boston’s largest air rights projects because the Big Dig, it’s an wonderful team win all around. The efforts which have gone into achieving this project from the possession group and our collective design staff have been sport changing. Second to this was attaining approval for your Fenway Center project to move ahead by the BPDA and the BCDC. If you’ve worked in Boston, it’s a fairly amazing day when you get this vote of acceptance.
When outside work, how do you unwind?
Poblete: Running is your greatest kind of”zoning out” for me personally. I will often either begin my afternoon or finish it with jogging. In addition, for the longest period, I played football competitively–I only stopped due to schedules in University–but I still love a wonderful game.
Before we let you go, tell us something you consider key to your project.
Poblete: Obsession is often viewed as a negative, but in regards to incorporating a new bit of architecture to the city, obsession and focus is essential.…

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Connection Corner: Gensler’s Ryley Poblete

By Pillsbury’s Construction & Real Estate Law Team

The Real Estate and Construction business could possibly be enormous, but as with all businesses, it comes down to the folks who make it all come together. From time to timewe love to profile a few of those individuals.
Ryley Poblete is a Senior Designer with global design and design firm Gensler, having spent the better part of the previous decade working at the organization’s Sciences Practice creating a portfolio of work centered around life sciences. An avid runner, urbanist, photographer, artist and policy enthusiast, Ryley are available, in his spare time,”studying the newest Economist or digging into a job’s context to actually specify a new bit of architecture at the cities” where he operates. Asked how he’d describe his occupation into a layperson, Ryley adds,”I use developers and biotech customers in planning and structuring developments to best match their situation.”
Read’…

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Legal news

Connection Corner: Gensler’s Ryley Poblete

The Real Estate and Construction business might be huge, but as with all industries, it comes down to the folks that make it come along. From time to timewe like to profile a few of those people.
Ryley Poblete is currently a Senior Designer with global design and architecture firm Gensler, having spent the greater part of the last ten years working in the corporation’s Sciences Practice developing a portfolio of work centered about life sciences. An avid runner, urbanist, photographer, artist and coverage enthusiast, Ryley are available, in his spare time,”studying the newest Economist or digging into a job’s context to actually specify a new piece of structure from the cities” in which he functions. Asked how he would describe his job to a layperson, Ryley adds,”I work with programmers and biotech customers in preparation and structuring developments to best suit their position.”
Tell us about an interesting project you are working on.
It’s a 22-story, nearly one-million-square-foot development within the Massachusetts Turnpike. It’ll be one of the largest new air rights projects in the Boston area of the last 40 years. The project is for our customers IQHQ along with Meredith Management. Meredith Management was working with this project for 20 years, building the funding and also the very first stage of the project. When the second stage came about, IQHQ brought from the capital to actually spend the development to another level. The Principals in our Boston office developed a terrific relationship with our associates at IQHQ, and this has led to a portfolio of projects that are defining this current wave of lifestyle investment across the country.

Poblete: Our proudest professional moment has to be attaining a license for our customers for the deck that will encourage the Fenway Center project in Boston. Being that it is such a enormous air rights project and one of Boston’s largest air rights projects since the Big Dig, it is an wonderful team win all over. The efforts that have gone into achieving this project from the ownership group along with our collective design group have really been sport altering. Second to that was attaining approval for your Fenway Center project to move forwards by the BPDA along with the BCDC. If you’ve worked in Boston, it is a fairly amazing day when you receive that vote of acceptance.
When outside work, how do you unwind?
Poblete: Running would be your ultimate type of”zoning out” for me. I will frequently either begin my afternoon or end it with jogging. Also, for the longest time, I played football competitively–I just stopped due to schedules at University–but I still love a great game.
Before we let you go, let’s something that you believe key for your project.
Poblete: Obsession is frequently regarded as a drawback, but in regards to adding a new part of architecture into the city, obsession and attention is crucial.…

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What Do You Want to Know? Non-U.S.-Based Investors Face the Disclosure Regime of this Organization Transparency Act.

From the Spring 2021 Dilemma of AFIRE Summit Journal, Pillsbury New York-based Real Estate partner Andrew Weiner discusses the Corporate Transparency Act and Regulation requirements for non-U.S. Established Traders.

Summit Journal is the official book of AFIRE, the federal institution for global property investors focused on commercial property in the U.S.
Read Andy’s full take here.…

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What Do You Want to Know? Non-U.S.-Based Investors Face the Disclosure Regime of their Corporate Transparency Act.

From Pillsbury’s Construction & Real Estate Law Team

From the Spring 2021 dilemma of AFIRE Summit Journal, Pillsbury New York-based Real Estate partner Andrew Weiner discusses the Corporate Transparency Act and disclosure requirements for non-U.S. based investors. Summit Journal is the official publication of AFIRE, the national institution for international real estate investors focused on commercial land in the U.S.
Read Andy’s full take here.…

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What Do You Need to Know? Non-U.S.-Based Investors Face the Disclosure Regime of this Corporate Transparency Act.

From the Spring 2021 issue of AFIRE Summit Journal, Pillsbury New York-based Real Estate partner Andrew Weiner discusses the Organization Transparency Act and disclosure Conditions for non-U.S. based investors.

Summit Journal is the official publication of AFIRE, the federal institution for international real estate investors focused on commercial land in the U.S.
Read Andy’s full take here.…

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What Do You Need to Know? Non-U.S.-Based Investors Face the Disclosure Regime of the Corporate Transparency Act.

From the Spring 2021 Dilemma of AFIRE Summit Journal, Pillsbury New York-based Real Estate Spouse Andrew Weiner discusses the Organization Transparency Act and Regulation Conditions for non-U.S. based investors.

Summit Journal is the official book of AFIRE, the national association for global real estate investors focused on commercial property from the U.S.
See Andy’s full take here.…

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Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate

Hydrogen is the newest buzzword in every business, and real estate is no exception. Hydrogen doesn’t emit carbon dioxide when burned off and could therefore lower the climate change of structures, which in turn represent one of the biggest emitters of greenhouse gases after sector and surface transport. To the degree that hydrogen would be to become an important power supply worldwide, it is going to need to go into the national power industry. The very first step appears to be the evolution of pilot villages.
In the UK, there are several hydrogen samples in uninhabited properties or at closed private websites. There are a few uninhabited homes on a Royal Air Force base in Cumbria that are exclusively heated with hydrogen in addition to a private gas network at Keele University that utilizes 20 percent hydrogen blended with natural gas. Additionally, there’s a small village near Newcastle that’s used as a test instance: for a span of 10 months beginning in spring 2021, up to 20 percent hydrogen will be mixed into the natural gas network to ensure more than 650 homes can be partly heated by hydrogen. It is expected that a few further villages are going to be able to heat their homes by 100 percent hydrogen when 2022, with a scale up to really have a hydrogen town by 2030.
In the USA, communities are investigating ways to integrate hydrogen into their infrastructure. One project being funded by the Department of Energy’s [email protected] initiative, [email protected] in Texas and Beyond, is a collaborative effort between Frontier Energy and the University of Texas. [email protected] in Texas and Beyond is focused on designing, constructing and managing the first dedicated renewable hydrogen network, which will integrate all elements of the hydrogen economy in to the local community. In doing so, the job will produce zero-carbon hydrogen, which is then going to be distributed, stored and ultimately employed by numerous end-users employing the [email protected] system. As an instance, the job will produce hydrogen onsite via electrolysis, which is then going to be distributed over the machine’s infrastructure to power fuel cells for your Texas Advanced Computing Center in UT-Austin and also to supply hydrogen for a fuel station for a fleet of vehicles.
Back in Japan, Toyota has broken ground on a 175-acre”prototype city of the near future,” that Toyota says will be a”fully connected ecosystem driven by hydrogen fuel cells.” The project, that Toyota is calling the”Woven City,” will be built at the website of a former automobile manufacturing center. The city will house roughly 2,000 individuals, consisting mostly of Toyota employees and their families. Toyota will provide transportation for the town’s residents via the Toyota e-Palette, that will be cordless and autonomous. Toyota, a longtime advocate for hydrogen-powered vehicles, will utilize the city as a testing ground for the hydrogen-powered infrastructure and vehicles. Constructing homes isn’t new for Toyota–the firm has assembled houses since 1975 and also a Toyota subsidiary now reportedly constructs roughly 15,000 per year. If Toyota is successful in developing its hydrogen energy infrastructure in the Woven City, we might see it apply similar technology in its own real estate improvements around Asia.
Japan has been in the forefront of the hydrogen revolution and plans to make hydrogen a major energy supply in the country in the near future. Homeowners in Japan are in a position to purchase hydrogen fuel cells to be used in their residences for over a decade. Over 265,000 Ene-Farms are set up, and Japan has the ambitious goal of installing over five thousand units by 2030. Larger-scale units are set up in multifamily properties, as well. Many Japanese manufacturers also have begun focusing on hydrogen fuel cells for commercial and residential real estate. Panasonic, for instance, expects to begin the earnings of its own pure hydrogen gas cells for residences in 2021. In the same way, Toshiba ESS set up a hydrogen fuel cell system in a new Tokyo resort, which will be predicted to fit with the hotel’s energy requirements and produce hot water to be used in its own rooms.
With further scaling, within an worldwide basis, such hydrogen fuel cell technology could be set up in homes and offices around the world and supply an alternative to how buildings consume electricity.
For the most part, scaling of hydrogen in the national energy market still needs engagement of the gas network companies for distribution and a sufficient source of blue or green hydrogen (i.e., hydrogen generated without emitting carbon dioxide to the atmosphere). Sponsorship of authorities, such as by way of large stimulus packages to industry and infrastructure, along with private business investment appears to stay the best technique for ensuring that the upstream supply and distribution components are ready to distribute hydrogen for large-scale usage in the domestic electricity industry. On the other hand, the multiplication of test cases, pilot projects and new technologies paint a favorable image of advancement in this industry.
RELATED ARTICLES…

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Hydrogen Powers Its Far from Proof of Concept to Reality in Real Estate

By Victoria Judd, Sidney L. Fowler and Robert Howard

Hydrogen is the new buzzword in every business, and property is no exception. Hydrogen does not emit carbon dioxide when burnt and may therefore decrease the climate change of structures, which in turn represent among the biggest emitters of greenhouse gases after industry and surface transport. To the extent that hydrogen would be to become an important power source worldwide, it is going to need to go into the national power market. The very first step appears to be the evolution of pilot villages.
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Hydrogen Powers Its Far in Proof of Concept to Reality in Real Estate

Hydrogen is the new buzzword in each industry, and real estate is no exception. Hydrogen does not emit carbon dioxide when burnt and may therefore decrease the climate change of buildings, which in aggregate represent one of the largest emitters of greenhouse gases after industry and surface transportation. To the extent that hydrogen is to become a significant power supply globally, it is going to have to go into the domestic power industry. The very first step is apparently the development of pilot villages.
In the united kingdom, there are many hydrogen samples in uninhabited properties or within closed private websites. There are some uninhabited homes on a Royal Air Force base in Cumbria that are heated with hydrogen in addition to a private petrol system in Keele University that utilizes 20 percent hydrogen blended with natural gas. Additionally, there is a little village near Newcastle that is being used as a test case: for a period of 10 months starting from spring 2021, as much as 20 percent hydrogen will be blended into the natural gas system to ensure over 650 houses can be partly heated by hydrogen. It’s expected that a few of further villages are going to be able to warm their houses with 100 percent hydrogen when 2022, with up a scale to really have a hydrogen city by 2030.
In the USA, communities are exploring ways to incorporate hydrogen into their infrastructure. [email protected] in Texas and Beyond is concentrated on designing, constructing and managing the first dedicated renewable hydrogen system, which will incorporate all parts of the hydrogen economy in to the local community. In doing so, the project will likely produce zero-carbon hydrogen, which will then be distributed, stored and finally employed by quite a few end-users employing the [email protected] system. As an instance, the project will produce hydrogen onsite via combustion, which will then be distributed within the machine’s infrastructure to energy cells for your Texas Advanced Computing Center in UT-Austin and also to supply hydrogen for a fuel station for a fleet of vehicles.
In Japan, Toyota has broken ground to a 175-acre”prototype city of the future,” that Toyota says are a”fully connected ecosystem driven by hydrogen fuel cells” The city will house about 2,000 individuals, consisting mainly of Toyota employees and their households. Toyota will provide transportation for the town’s residents via the Toyota e-Palette, that can be battery and autonomous. Toyota, a longtime advocate for hydrogen-powered vehicles, will use the city as a testing ground for the hydrogen-powered infrastructure and vehicles. Constructing homes isn’t new for Toyota–the company has assembled houses since 1975 and a Toyota subsidiary now reportedly constructs approximately 15,000 per year. If Toyota is successful in developing its hydrogen energy infrastructure in the Woven City, we may see it use similar technology in its own real estate improvements around Asia.
Japan has been in the forefront of the hydrogen revolution also intends to make hydrogen a significant energy supply in the country in the not too distant future. Homeowners in Japan have been in a position to buy hydrogen fuel cells for use in their houses for more than ten years. Over 265,000 Ene-Farms have been installed, and Japan has the challenging objective of installing more than five thousand units by 2030. Larger-scale units have been installed in multifamily properties, as well. Some Japanese manufacturers also have started concentrating on hydrogen fuel cells for commercial and residential real estate. Panasonic, for instance, expects to begin the sales of its pure hydrogen gas cells for residences in 2021. Similarly, Toshiba ESS installed a hydrogen fuel cell system in a brand new Tokyo hotel, which will be predicted to satisfy with the hotel’s electricity requirements and produce hot water for use in its own rooms.
With further scaling, in an worldwide basis, such hydrogen fuel cell technology can be installed in homes and offices around the globe and provide an alternate to the way buildings currently consume power.
For the most part, climbing of hydrogen in the national energy market still needs involvement of the gas system companies for distribution along with a sufficient supply of blue or green hydrogen (i.e., hydrogen generated without emitting carbon dioxide to the atmosphere). Sponsorship of authorities, such as by way of large stimulus packages to industry and infrastructure, alongside private business investment seems to remain the best technique for ensuring the upstream distribution and supply systems are prepared to distribute hydrogen for large scale usage from the national power industry. However, the multiplication of test cases, pilot projects and new technologies paint a positive picture of advancement within this business.
RELATED ARTICLES…

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Legal news

Hydrogen Powers Its Way in Proof of Concept to Reality in Real Estate

Hydrogen is the new buzzword in each industry, and real estate is no exception. Hydrogen doesn’t emit carbon dioxide when burnt and might therefore cut the climate impact of structures, which in turn represent one of the largest emitters of greenhouse gases following sector and surface transportation. To the degree that hydrogen is to become an important power source worldwide, it will need to go into the domestic power market. The initial step is apparently the evolution of pilot villages.
In the united kingdom, there are numerous hydrogen samples in uninhabited possessions or within closed private networks. There are a few uninhabited houses on a Royal Air Force base in Cumbria which are heated with hydrogen as well as a personal gas system at Keele University that utilizes 20 percent hydrogen combined together with natural gas. Moreover, there is a small village near Newcastle that’s being used as a test instance: for a span of 10 months beginning in spring 2021up to 20 percent hydrogen will likely be blended into the natural gas system so that over 650 homes may be partly heated by hydrogen. It is expected that a small number of further villages are going to be able to warm their houses with 100 percent hydrogen as soon as 2022, with up a scale to really have a hydrogen town by 2030.
In the United States, communities are investigating ways to integrate hydrogen into their infrastructure. [email protected] at Texas and Beyond is concentrated on designing, constructing and operating the first dedicated renewable hydrogen system, which will integrate all elements of the hydrogen economy to the neighborhood community. In doing so, the job will create zero-carbon hydrogen, and this will then be distributed, stored and ultimately used by quite a few end-users employing the [email protected] system. By way of example, the job will create hydrogen onsite via electrolysis, which will then be distributed within the machine infrastructure to energy cells to the Texas Advanced Computing Center at UT-Austin and to provide hydrogen for a gas station to get a fleet of fuel cell vehicles.
Back in Japan, Toyota has broken ground to a 175-acre”prototype city of the future,” that Toyota states will be a”fully connected ecosystem powered by hydrogen fuel cells.” The project, that Toyota is calling the”Woven City,” will soon be constructed at the site of a former vehicle manufacturing facility. The city will house about 2,000 people, consisting mostly of Toyota workers and their households. Toyota will provide transportation for the town’s residents via the Toyota e-Palette, that can be battery and autonomous. Constructing homes is not new for Toyota–that the company has built homes since 1975 and also a Toyota subsidiary now reportedly constructs approximately 15,000 per year. If Toyota is successful in creating its hydrogen power infrastructure at the Woven City, we might see it apply similar technology in its real estate developments across Asia.
Japan has been at the forefront of the hydrogen revolution and intends to make hydrogen a significant power source in the nation in the near future. Homeowners in Japan are able to buy hydrogen fuel cells to be used in their residences for over a decade. Over 265,000 Ene-Farms are set up, and Japan has the ambitious goal of installing over five million units by 2030. Larger-scale units are set up in multifamily properties, as well. Many Japanese manufacturers have also begun focusing on pure hydrogen fuel cells for both commercial and residential real estate. Panasonic, for example, hopes to begin the sales of its own pure hydrogen fuel cells for residences in 2021. Similarly, Toshiba ESS set up a pure hydrogen fuel cell system at a brand new Tokyo hotel, which is anticipated to fulfill the hotel’s energy requirements and create hot water to be used in its chambers.
With further scaling, within an global basis, these hydrogen fuel cell technology could be set up in homes and offices around the world and provide an alternative to the way buildings now consume power.
For the large part, scaling of hydrogen at the domestic power market still needs engagement of the gas system companies for supply along with a sufficient supply of blue or green hydrogen (i.e., hydrogen produced without emitting carbon dioxide into the atmosphere). Sponsorship of authorities, such as by way of big stimulus packages to infrastructure and industry, alongside private business investment appears to remain the key to ensuring the upstream supply and distribution networks are prepared to distribute hydrogen for large-scale use in the domestic power market. However, the multiplication of test instances, pilot projects and new technologies paint a favorable picture of progress in this business.
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Hydrogen–A Vital Element in the EU’s Green Planning
The Energy Transition & Hydrogen…

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Assessing Smart Home Technology: It’s About More Than the Bottom Line

Outfitting a commercial real estate space with smart technology can be a substantial cost. While the long-term benefits and strategic improvements we’ve discussed above can make that investment worthwhile, the test period is important to ensure an impactful ROI. Property developers, owners, and managers should undertake a rigorous appraisal procedure to be sure the tech procurement complies with the project’s overall financial plan. And this isn’t just about obtaining the cost right. If the tech does not meet the requirements of this space, then all the wise technology on the planet won’t prevent the job from becoming a reduced cost.
Do the Research Which You Know…
The Tech. While the RFP is a key measure of the procurement procedure, a more casual research period should be undertaken . Smart technology is a rapidly evolving field, also earlier reaching out to vendors, the business should make sure that it knows what is available–both in regard to the kinds of technology that may be implemented, and the various companies that offer solutions. Gathering this information early will yield outcomes that align more closely with a specific building’s requirements.
The Metrics. Cost is a significant element in any trade, but a firm shouldn’t drop sight of other vital considerations that will determine if it’s the smart tech strategy is powerful. Given the array of smart technologies, these additional considerations might differ from project to project. Consider what aspects of a certain technology are important for a successful implementation (e.g., safety, interoperability, etc.), and also make sure that the inner stakeholders are still taking these factors into consideration when preparing for the RFP procedure.

Competition. It is intuitive that seller competition is a key instrument for negotiating favorable terms within a trade. What might not be intuitive is that starting contract negotiations with a few vendors may finally lead to faster resolution with the eventual down-selected seller. A competing seller is more inclined to make concessions, and do so quickly, because it’s still attempting to”make the purchase .” A seller that understands that it has won the business is a lot more likely to become entrenched in its positions and not as inclined to provide accommodations favorable to the customer. We always advise clients not to end a competitive environment too early!
Strategic communication at this phase is also key. It is perfectly okay to”guide” the competing vendors as to if their rankings, prices and solutions are competitive at the RFP. That said, the customer must be cautious to not reveal a competing seller’s confidential info. Clients must be aware of confidentiality and non-disclosure requirements when determining how to use this information that is gathered.
Timeline. Installation and installation of smart technology requires time. Work backward in a quote of when the tech needs to be in production and fully operational (will there be an approaching marketing push or open home, in which the tech should be on screen?) , to provide the inner stakeholders enough time to develop an RFP, evoke responses and assess the choices. A compressed deadline generates pressure to choose a seller, undercutting many of the benefits that have competition.
Bear in mind that negotiating the contract necessitates time, especially after seller down option. Factor contract negotiations into the deadline. Though there is an understandable impulse to”get smart” when possible, hurrying the procedure is only going to increase the leverage vendors have. Once vendors understand that the clock is ticking, they may use the clock against the consumer, and their very best offers might not materialize if they think an eagerness to agree is trumping the dedication to locating the highest quality offering.
The RFP method is that the opportunity to ask questions, seek clarifications, and also find out what kind of partner the seller will be. Deploying sound discussion approaches at this point is going to end in a more successful procurement procedure.
When Metrics Meet Commitments–Be Wary of Buzzwords
In assessing RFP answers, it can be simple to drop sight of this”why.” The metrics that were researched throughout the test period and highlighted throughout the RFP process shouldn’t be lost. The glossy, glistening RFP answers could possibly be filled with buzzwords and insignificant optional solutions, conjuring exciting dreams of a digitization overhaul. But bear in mind that the seller is trying to generate a sale, also buzzwords don’t always align with truth.
The buzzword trap apart, there might be vendors that offer an impressive company, but the fit might not be appropriate. The tech might have compatibility or aesthetic issues, regardless of the guarantee of exceptional performance.
Mapping the metrics driving the job to the offerings described by the vendors have become the most essential step to take. Cost is certainly one metric, but do not forget about other factors (like safety, interoperability, range of use, etc.) that will decide whether the smart tech approach is a triumph.
Looking Ahead
when the RFP process is complete along with a vendor is selected, the contracting procedure begins. Consider stakeholder continuity, where a few members of the team involved in the RFP take over and so are consulted throughout the contracting procedure. Insight into sooner business discussions will make for a more successful negotiation. Stay tuned for in depth information on the contracting procedure.
RELATED ARTICLES
Smart Technology at Commercial Real Estate…

Categories
Legal news

Evaluating Smart Home Technology: It’s About More Than the Bottom Line

Outfitting a commercial property area with smart technology can be a substantial cost. While the long-term advantages and strategic improvements we’ve discussed before can make that investment worthwhile, the appraisal period is critical to ensure an impactful ROI. Home developers, owners, and managers must undertake a rigorous evaluation process to be sure the technology procurement complies with the project total financial plan. And this is not only about obtaining the cost right. If the technology does not meet the requirements of this space, then all the smart technology on the planet will not stop the project from being a reduced cost.
Continue reading →…

Categories
Legal news

Evaluating Smart Home Technology: It’s About More Than the Most Important Thing

Outfitting a commercial real estate space with intelligent technology can be a substantial cost. While the long-term advantages and tactical improvements we’ve discussed above might make that investment worthwhile, the appraisal period is crucial to guarantee an impactful ROI. Property developers, owners, and managers must undertake a rigorous examination process to make sure the technology procurement complies with the project total financial plan. And this is not only about obtaining the cost right. If the technology does not satisfy the requirements of this space, then all the smart technology on the planet will not stop the job from being a sunk cost.
Do the Research Which You Know…
The Tech. Though the RFP is a key step of the procurement process, a more informal research phase should be undertaken . Smart engineering is a rapidly evolving field, and before reaching out to sellers, the company must ensure that it knows what is available–both in regard to the sorts of technology that may be executed, and the various businesses that provide solutions. Gathering this information early can yield results that align more closely with a particular building’s demands.
The Metrics. Cost is an important factor in any transaction, but a corporation shouldn’t drop sight of other crucial factors that can determine if it’s the smart technology strategy is powerful. Given the array of intelligent technologies, these extra considerations might vary from project to project. Think about what aspects of a specific technology are most important for a successful implementation (e.g., security, interoperability, etc.), and ensure that the inner stakeholders are now taking these variables into account when preparing for the RFP process.
RFP and Vendor Selection
Competition. It’s intuitive that seller competition is a key tool for negotiating favorable terms within a transaction. What might not be intuitive is that beginning contract negotiations with a couple sellers may ultimately lead to faster resolution with the eventual down-selected seller. A competing seller is more inclined to make concessions, and do so fast, because it’s still attempting to”make the purchase .” A seller that understands it has won the company is significantly more likely to become entrenched because of its own positions and less inclined to offer accommodations favorable to the client. We always advise customers to not end a competitive environment too early!
Strategic communication in this phase is also key. It’s completely okay to”guide” the competing sellers as to if their positions, prices and solutions are aggressive in the RFP. Nevertheless, the client has to be cautious to not show a competing seller’s confidential details. Customers have to be aware of confidentiality and non-disclosure requirements when deciding how to use this information that’s gathered.
Timeline. Installation and setup of smart technologies takes time. Work backwards from a quote of when the technology has to be in production and fully operational (is there an approaching marketing push or spacious house, where the technology should already be on display?) , to provide the inner stakeholders enough time to develop an RFP, elicit responses and assess the options. A compressed timeline generates pressure to select a seller, undercutting a number of the advantages that have competition.
Keep in mind that negotiating the deal requires time, especially after seller down option. Factor contract discussions into the timeline. While there is an understandable urge to”get smart” when you can, hurrying the process is only going to increase the leverage sellers have. Once sellers know the clock is moving, they can utilize the clock from the client, and their best offers might not materialize when they think an eagerness to concur is trumping the dedication for locating the maximum quality offering.
The RFP method is that the opportunity to ask questions, seek clarifications, and find out what kind of spouse the seller will be. Deploying sound discussion strategies at this point is going to end in a more successful procurement process.
When Metrics Meet Commitments–Be Wary of Buzzwords
In analyzing RFP answers, it can be easy to drop sight of this”why.” The metrics that were researched during the test period and highlighted throughout the RFP process shouldn’t be lost. The glossy, glistening RFP answers could be full of buzzwords and irrelevant optional solutions, conjuring exciting dreams of a digitization overhaul. But remember that the seller is hoping to generate a sale, and buzzwords don’t always align with reality.
The buzzword trap aside, there could possibly be vendors that offer an impressive service, but the fit might not be right. The technology might have compatibility or aesthetic issues, regardless of the guarantee of exceptional performance.
Mapping the metrics driving the job to the offerings explained by the sellers is the most essential thing to consider. Cost is one metric, but remember about other variables (like security, interoperability, range of use, etc.) that will determine whether the smart technology approach is a triumph.
Looking Ahead
Once the RFP process is full along with a vendor is selected, the contracting process starts. Consider stakeholder continuity, where a few members of the group involved in the RFP carry over and are consulted throughout the contracting process. Insight into sooner business talks will result in a more successful negotiation. Stay tuned for in depth advice on the contracting process.
RELATED ARTICLES
Smart Technology in Commercial Real Estate…

Categories
Legal news

How Can the Office Market Recover?

Colleague Noa Clark Newly joined other Business experts for a discussion of San Francisco office real estate at the Board, ” The Future of Office at San Francisco: How Can the Office Market Recover?

Topics included the way office spaces are evolving to adapt for changing workforce needs, tenant perspective on short-term and longterm leasing, effective changes to leasing strategy and major changes to design, construction and development to continue to keep offices secure. Click here to see the recording.…

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How Will the Office Market Recover?

From Pillsbury’s Construction & Real Estate Law Team

Colleague Noa Clark recently joined other business experts for a discussion of San Francisco office real estate in the panel, The Future of Office in San Francisco: How Will the Office Market Recover? Topics included how workplace spaces are evolving to adapt for changing workforce needs, tenant perspective on short-term and longterm leasing, efficient modifications to leasing strategy and major changes to design, structure and development to continue to keep offices secure. Click here to view the recording.…

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How Can the Office Market Recover?

Colleague Noa Clark recently joined other Business experts for a discussion of San Francisco office Property in the panel, The Future of Office at San Francisco: The Way Will the Office Market Recover?

Topics included how workplace spaces have been evolving to adapt for changing workforce requirements, tenant perspective on short-term and longterm leasing, powerful changes to leasing strategy and major modifications to design, development and construction to keep offices secure. Click here to view the recording.…

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Legal news

How Will the Office Market Recover?

Colleague Noa Clark recently joined other Business experts for a discussion of San Francisco office real estate at the Board, The Future of Office at San Francisco: How Will the Office Market Recover?

Topics included how office spaces are evolving to accommodate for changing workforce needs, tenant perspective on short-term and long-term leasing, effective changes to leasing strategy and major changes to design, construction and development to continue to keep offices secure. Click here to view the recording.…

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Legal news

Pandemic Does Not Waste Lease’s Casualty Clause Court Finds

One year to the pandemic, courts have almost uniformly found that COVID-19 does not allow commercial tenants to prevent their lease payment duties. In this case, the court continued that trend, judgment that the pandemic was not a”casualty” that allows a tenant to abate its lease payments or cancel its lease. Authors Patrick J. Potter, Christian A. Buerger, Hugh M. McDonald, Patrick E. Fitzmaurice, and Jonathan Doolittle talk a new instance from the Southern District of New York that expands the trend of judges enforcing rentals against renters forced to close because of the impact of the COVID-19 outbreak in”Court Finds Pandemic Does Not Satisfy Lease’s Casualty Clause.”…

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Pandemic Does Not Satisfy Lease’s Casualty Clause Court Finds

From Pillsbury’s Construction & Real Estate Law Team

One year into the pandemic, courts have almost uniformly discovered that COVID-19 doesn’t allow commercial tenants to prevent their lease payment duties. In this case, the court continued that fashion, judgment that the pandemic wasn’t a”casualty” that permits a landlord to abate its lease payments or cancel its rental. Authors Patrick J. Potter, Christian A. Buerger, Hugh M. McDonald, Patrick E. Fitzmaurice, along with Jonathan Doolittle talk a new case from the Southern District of New York that expands the tendency of judges enforcing rentals against tenants forced to close due to the impact of the COVID-19 pandemic in”Court Finds Pandemic Does Not violate Lease’s Casualty Clause.”…

Categories
Legal news

Pandemic Does Not Satisfy Lease’s Casualty Clause Court Finds

One year into the pandemic, courts have almost uniformly discovered that COVID-19 doesn’t permit commercial tenants to avoid their lease payment obligations. In cases like this, the court continued this trend, judgment that the pandemic was not a”casualty” that permits a tenant to abate its lease payments or cancel its rent. Authors Patrick J. Potter, Christian A. Buerger, Hugh M. McDonald, Patrick E. Fitzmaurice, and Jonathan Doolittle talk about a new case from the Southern District of New York that expands the trend of courts enforcing rentals against tenants forced to close because of the impact of the COVID-19 outbreak in”Court Finds Pandemic Does Not violate Lease’s Casualty Clause.”…

Categories
Legal news

Pandemic Does N’t Separate Lease’s Casualty Clause Court Finds

1 year into the pandemic, courts have almost uniformly discovered that COVID-19 doesn’t allow commercial tenants to avoid their lease payment duties. In cases like this, the court continued that trend, judgment that the pandemic wasn’t a”casualty” that allows a tenant to abate its lease payments or cancel its lease. Authors Patrick J. Potter, Christian A. Buerger, Hugh M. McDonald, Patrick E. Fitzmaurice, along with Jonathan Doolittle talk about a new instance from the Southern District of New York that extends the tendency of judges enforcing rentals against tenants forced to close due to the impact of the COVID-19 pandemic in”Court Finds Pandemic Does Not Satisfy Lease’s Casualty Clause.”…

Categories
Legal news

Oregon Tax Court Rejects Department’s Attempt to Discount Measure 50 Limitation

Zachary T. Atkins and Caroline Koo on Tesoro Logistics Northwest Pipeline LLC v. Department of Revenue, the Oregon Tax Court, Regular Section, held that even though a component of property acquired by one centrally assessed company from another characterized as”new home” for purposes of . Const. Art. XI, § 11 (“Step 50”), the unit of property’s present maximum assessed value (“MAV”) has been preserved in the hands of their owner.   Pipeline LLC v. Dep’t of Revenue, No. Tax Ct., Reg. Div., Feb. 19, 2021).  Because of this, the Oregon Department of Revenue was not eligible to redetermine the MAV due to their acquisition. Keep on reading on the SeeSALT blog.…

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Oregon Tax Court Rejects Department’s Attempt to Ignore Measure 50 Limitation

By Pillsbury’s Construction & Real Estate Law Team

Zachary T. Atkins along with Caroline Koo on Tesoro Logistics Northwest Pipeline LLC v. Department of Revenue, the Oregon Tax Court, Frequent Division, held that even though a unit of land acquired by a single centrally assessed company from the other characterized as”new land” for purposes of . Const. Art. XI, § 11 (“Measure 50”), the device of house’s present maximum assessed value (“MAV”) was kept at the hands of the new owner.   Pipeline LLC v. Dep’t of Revenue, No. TC 5252, 2021 WL 6700471 (Or. Tax Ct., Reg. Div., Feb. 19, 2021).  Consequently, the Oregon Department of Revenue was not entitled to redetermine the MAV due to this acquisition. Keep on reading on the SeeSALT website.…

Categories
Legal news

Oregon Tax Court Rejects Department’s Attempt to Ignore Measure 50 Limitation

Zachary T. Atkins and Caroline Koo on Tesoro Logistics Northwest Pipeline LLC v. Department of Revenue, the Oregon Tax Court, Regular Section, held that although a unit of property acquired by a single centrally assessed firm from the other qualified as”new property” for purposes of . Const. Art. XI, § 11 (“Measure 50”), the unit of house’s present maximum assessed value (“MAV”) was kept in the hands of the owner.   Tesoro Logistics Nw. Pipeline LLC v. Dep’t of Revenue, No. TC 5252, 2021 WL 6700471 (Or. Tax Ct., Reg. Div., Feb. 19, 2021).  Consequently, the Oregon Department of Revenue was not entitled to redetermine that the MAV due to their acquisition. Keep on reading about the SeeSALT website.…

Categories
Legal news

Oregon Tax Court Rejects Department’s Attempt to Discount Quantify 50 Limitation

Zachary T. Atkins and Caroline Koo on Tesoro Logistics Northwest Pipeline LLC v. Department of Revenue, the Oregon Tax Court, Frequent Section, held that even though a unit of property acquired by one centrally assessed firm from the other qualified as”new land” for purposes of . Const. Art. XI, § 11 (“Step 50”), the device of property’s existing maximum appraised value (“MAV”) has been kept in front of their owner.   Pipeline LLC v. Dep’t of Earnings, No. Tax Ct., Reg. Div., Feb. 19, 2021).  Because of this, the Oregon Department of Revenue wasn’t entitled to redetermine the MAV due to their purchase. Continue reading on the SeeSALT blog.…