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The Construction Law News Blog is a resource for today's construction industry professionals. The blog discusses a variety of legal issues. Some of these issues include risk management, contract preparation, payment disputes and dispute resolution.
It is sometimes difficult to tell whose insurer will be liable for certain occurrences on a construction project. The whole purpose of contracting is to allocate risk—hopefully to the party that is better situated to deal with that risk. In allocating that risk, all parties need to know which party is ultimately responsible for insuring against certain risks. While some court opinions can leave a reader unsure of the ultimate holding and its application, the Indiana Court of Appeals recently issued a clear and concise opinion regarding issues of insurer liability in the context of interpreting an American Institute of Architects (AIA) standard form agreement. Read More ›
With its unanimous decision in Atlantic Marine Construction Co., Inc. v. U.S. District Court for the Western District of Texas the United States Supreme Court stated its strong support for the enforcement of contractual forum-selection clauses. Specifically, the Court outlined how federal courts should determine whether to transfer a case filed in a federal district court different than the contractually selected forum. In describing this process the Court recognized that it would be rare for a court to not follow the forum-selection clause. While this decision is good news for contractors attempting to enforce their contracts the Court’s decision leaves open some important questions which may lead to future uncertainty related to these clauses. Read More ›
Can design-builders rely on owner supplied specifications if the design-builder also has the requirement to conduct its own independent investigation on those same specified conditions; NOPE, says the Court of Federal Claims. Read More ›
The Distress to Success blog, based off of the book by Bobby Guy, focuses on distressed investing, events in the acquisition markets, and restructuring issues. “Distress to Success” is written for the business leader struggling to return a company from the “red” into the “black.”
The Three Primary Deal Structures
Generally, facilities change hands through (1) an asset acquisition, (2) a merger, or (3) a stock sale. Each one has different implications for whether it is a CHOW, so in deal negotiation, structure is key. This blog takes the reader through an overview of each of the three structures in basic form. In follow-up blogs, we’ll go through specific issues for each of the three structures, and the factors that influence whether each may be a CHOW or not under specific circumstances. Read More ›
A Thumbnail Sketch on Enrollment, Licensure, and CON’s
Remember that a CHOW primarily impacts: (1) Medicare enrollment, (2) Medicaid enrollment, (3) state licensure, and (4) the Certificate of Need (“CON”). In our last blog, we discussed why CHOWS are important and what can happen if they aren’t handled properly. Today, we go through the four major areas that are affected by a CHOW. Read More ›
What is a Chow and why is it important?
A CHOW is a Change in Ownership of a “Provider” for regulatory purposes. Hospitals, inpatient and outpatient rehabilitation facilities, skilled nursing facilities, home health agencies and hospice companies are all Providers, to name a few. Read More ›
The Financial Services Blog offers the latest information on banking development and litigation trends. Topics range from commercial and consumer lending through bankruptcy, lender liability defense, and the Dodd-Frank Act through Regulations JJ.
Many lenders may agree that one of the thornier consumer protection regulations is the Equal Credit Opportunity Act’s rule that limits the ability of a lender to require a spousal guarantee. Regulation B lays out the rule in 12 CFR §1002.7(d)(1), and makes some effort to clarify the rule in its Official Interpretations. In a nutshell, the rule bars a creditor from requiring the signature of a spouse or other person that is not a joint applicant, on any debt instrument if the applicant qualifies individually for the amount and terms of credit requested under the lender’s standards of creditworthiness.
Financial institutions are generally cognizant of their obligations to protect the confidential information of their customers, and that a failure to do so has legal and reputational consequences. Because this is such an important aspect of the business’ operations, we share the below story. Although it does not directly involve a financial institution or the privacy protection requirements of the Gramm-Leach-Bliley Act, it nevertheless serves as real-world reminder that financial institutions’ security plans should also deal with the disposal of its office equipment. Read More ›
When victims of Ponzi schemes, also referred to as fraudulent investment schemes, cannot collect from the persons who committed the fraud and "stole" their money, they often look to the bank that handled the deposit account used in the fraud as the deep pocket for recovery. After the July 30, 2013 decision in Parlin Fund LLC, et al., v. Citibank N.A., Case No. 1:13-CV-111, 2013 U.S. Dist. LEXIS 106511 (S.D. Ohio, July 30, 2013, J. Beckwith), individuals damaged by investing in Ponzi schemes may find it much harder to pursue banks. Read More ›
The International Services Group Blog is a resource for business leaders within the international commerce industry. Frost Brown Todd's international lawyers discuss the latest challenges for international trade and regulation, as well as solutions for those challenges.
In recent days, we have seen Chinese firms becoming more aggressive and entering into the U.S. market wanting to invest. Fosun, a Shanghai based firm, recently purchased the One Chase Manhattan Plaza in New York for $725 million. Greenland Group, another Shanghai based firm, recently became a majority owner in a joint venture that will develop a commercial real estate project in downtown Brooklyn. Earlier this year, a Chinese property developer became a 40% stakeholder in the General Motors Building in Manhattan. Read More ›
On October 25, 2013, the legislative body in China passed amendments to its consumer protection law. According to Xinhua News, the amendments included better protections for consumers, added regulations for e-commerce, and tightened liabilities for businesses that violate the law. Read More ›
China’s business presence these days are felt heavily around the world. With a large sovereign wealth fund and many independently wealthy Chinese entrepreneurs on the prowl, Chinese companies, large or small, are doing business everywhere from the United States to Africa to the Middle East; but contracting with a Chinese company sometimes could be tricky and if you don’t know what you are doing, you may just end up wishing you had never done business with that glamorous Chinese company in the first place. Read More ›
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