By: Joseph M. Marger , Reed Smith LLP. In almost every asset purchase, stock purchase, and merger transaction (generally referred to in this article as M&A transactions), the purchaser will acquire an ownership or leasehold interest in at least one real estate...
By: Annemargaret Connolly and Matthew D. Morton , Weil, Gotshal & Manges LLP. Why should real estate lenders and other secured creditors concern themselves with known and potential environmental liabilities and requirements associated with their loan portfolios...
By: Dwight Smith , Nelson Mullins Riley & Scarborough LLP. Bank financing can take several forms, including commercial loans, repurchase agreements, and securities borrowing transactions, all of which are subject to regulation at the federal and state levels...
By: Christine N. Walz, Cynthia A. Gierhart, and Madelaine J. Harrington The Freedom of Information Act (FOIA) is a federal statute that mandates public access to certain U.S. government and administrative agency records upon submission of a request to the appropriate...
By: Mark A. Chertok and Elizabeth Knauer This article discusses considerations for developers contemplating the purchase or development of real property that contains or is likely to contain regulated wetlands. The presence of regulated wetlands on a site proposed...
By: George M. Sepsakos and Michael P. Kreps , Groom Law Group, Chartered This article discusses the implications of the Fifth Circuit Court of Appeals’ vacatur of the Department of Labor’s (DOL) Fiduciary Rule 1 and related amendments to other prohibited...
By: Frank DeLucia and Luciano Ricondo , Merchant & Gould After a patent application is filed in the U.S. Patent and Trademark Office (USPTO), and during the stage in which the application is being examined by a patent examiner, it can often be helpful to...
By: Daniel A. Suckerman and Stacey C. Tyler , Lowenstein Sandler LLP With co-working spaces such as WeWork growing in popularity, real estate attorneys are frequently called upon to help clients navigate the pitfalls of shared space agreements. This article discusses...
By: Michael B. Bernstein , Matthew A. Tabas , and Matthew H. Fine , Arnold & Porter Even in the very earliest stages of planning a merger or an acquisition, it is never too soon to begin considering the antitrust issues. In fact, it is critical to provide...
By: Ellen M. Chapelle , Gould & Ratner LLP In most construction projects, the general contractor traditionally takes control of the site and is responsible for its means and methods of construction, and, therefore, should bear primary liability for damage...
By: Brian M. Murray , Baker & Hostetler LLP This article discusses aspects of Section 510 of the Employee Retirement Income Security Act (ERISA) (29 U.S.C. § 1140), which prohibits interference with benefits and retaliation for the exercise of rights...
By: Richard Lieberman , Dykema Gosset PLLC This article addresses fundamental considerations in structuring equity compensation for general and limited partnerships, as well as limited liability companies (LLCs) that are classified as partnerships for federal...
This article provides you and your clients with an overview of the federal environmental regulation affecting the oil and gas exploration and production (E&P) industry. THERE IS SUBSTANTIAL ENVIRONMENTAL REGULATION OF oil and gas E&P at the federal and...
ADAPTED FROM ENERGY LAW AND TRANSACTIONS , David J. Muchow and William A. Mogel , General Editors, 3 Energy Law and Transactions 71.01-71.04 This article explains the regulatory framework under the Public Utility Regulatory Policies Act of 1978 (PURPA) 1 surrounding...
By: Scott Anthony, Eric Blanchard, Matthew Gehl and Sarah Griffiths , Covington & Burling LLP This guide covers all related information that a securities practitioner needs when working with a clean and renewable energy company. It provides an overview of...