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HTMLUS Government Agencies Expand Ukraine-Related Sanctions
Suzan Min Lehmann; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
July 23, 2014, previously published on July 21, 2014
On Wednesday, July 16, 2014, President Obama announced new economic sanctions that restrict access by targeted companies in Russia’s financial and energy sectors to US capital markets. These sanctions are being implemented by the U.S. Department of the Treasury’s Office of Foreign Asset...

 

HTMLThe Newly Enacted New Hampshire Benefit Corporation Act
Suzan Min Lehmann; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
July 23, 2014, previously published on July 14, 2014
On July 11, 2014, Governor Maggie Hassan signed into law Senate Bill 215, the New Hampshire Benefit Corporation Act (the “Benefit Corporation Act”), thus joining about 20 other states, including Connecticut, Massachusetts, and Rhode Island, in authorizing the incorporation of a new form...

 

HTMLUndisclosed Billing on Public Contracts May Turn “Cost Plus Fee” into “Cost Plus Fines”
Jonathan T. Elder; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
June 20, 2014, previously published on June 18, 2014
A recent settlement between a large construction management firm and the FBI is the latest reminder that when doing business with a public awarding authority - state or federal - anything less than full transparency is likely to result in serious trouble. A recent unwitting student of this hard...

 

HTMLFederal Circuit Provides Guidance on Differing Site Conditions Claims and Broadens the Scope of the Implied Covenant of Good Faith and Fair Dealing
Kirk J. McCormick; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
June 20, 2014, previously published on June 18, 2014
A recent decision by the Federal Circuit Court of Appeals represents a major triumph for contractors pursuing certain types of claims against the Federal Government. In Metcalf Construction Co. v. United States, 742 F.3d 984 (Fed. Cir. 2014), the Federal Circuit reinforced the principles underlying...

 

HTMLRecent Massachusetts Decision Addresses No-damage-for-delay Clauses and Waiver Issues
Scott A. McQuilkin; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
June 19, 2014, previously published on June 18, 2014
In a recent decision arising out of a public construction project, the Superior Court held that the owner’s payment of part of a general contractor’s delay claim did not constitute a waiver of a "no damage for delay" clause as to a subcontractor. The Court determined that the...

 

HTMLFATCA - The Time is Now: IRS Provides Limited Relief for Some Foreign Financial Institutions, But Many Will Need to Register by May 5
Daniel L. Gottfried; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
April 30, 2014, previously published on April 23, 2014
The Foreign Account Tax Compliance Act (FATCA) was enacted as a component of the HIRE Act of 2010. Among other things, FATCA imposed a new 30% withholding tax with respect to certain payments made to any foreign financial institution (FFI), including a foreign bank, brokerage, or investment fund....

 

HTMLD.C. Circuit Holds that Conflict Minerals Provision Violates First Amendment
James R. Burke; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
April 21, 2014, previously published on April 17, 2014
On April 14, 2014, a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit (the "Circuit Court") issued its "conflict minerals" opinion in National Association of Manufacturers, et al. v. Securities and Exchange Commission, et al. The...

 

HTMLU.S. Government Agencies Place Indefinite Hold on Issuance of Licenses for Export or Reexport to Russia
Suzan Min Lehmann; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
April 14, 2014, previously published on April 10, 2014
On March 25, 2014, the U.S. Department of Commerce's Bureau of Industry and Security (BIS) announced that it had placed a hold on the issuance of licenses authorizing the export or reexport of items destined for Russia. These include military items, "dual-use" items (goods, software, and...

 

Adobe PDFRecognizing the Difference between a Lease and a License in Connecticut
Noble F. Allen; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
March 10, 2014, previously published on February 27, 2014
Although the terms are often used interchangeably, a lease and a license are distinctly different under Connecticut law. In its simplest form, a lease is a contract that conveys an exclusive possessory leasehold interest in property; whereas, a license is a mere privilege to act on another’s...

 

Adobe PDFSite Plan Modifications - Traps for the Unwary
John H. Sokul; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
March 10, 2014, previously published on February 27, 2014
Change is inevitable. Projects evolve. Seemingly simple changes to approved projects can sometimes cause unexpected complications. One project we recently worked on illustrates this. A client had obtained site plan approval for a restaurant. Before beginning construction, the client desired to...

 


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