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|Right of First Refusal or Right to Match - Your Advantage|
Padly Associates P.A.;
June 11, 2013Too often when drafting an agreement, people lose track of what can go wrong. The initial thoughts are "we go into business and if it does not work out, then we dissolve it and each go our separate ways." This approach fails to take into consideration the potential other factors that can...
|Business and Legal Implications for Environmental Consulting Firms Lessons Learned from the Stratus/Chevron Ecuador Debacle|
Paul S. Bailin, James W. Bergenn, Andrew N. Davis, Paul D. Sanson; Shipman & Goodwin LLP;
June 10, 2013, previously published on June 5, 2013Recent developments in a case that has made headlines globally have shaken the environmental consulting world and those who utilize their services. In Maria Aguinda y Otros v. Chevron Corp., an environmental contamination suit was brought against Chevron in Lago Agrio, Ecuador by a group of...
|Getting Full Value For Your Business: Make Sure Your Lease Can't Get in the Way|
John D. Brunt; Blaney McMurtry LLP;
June 5, 2013, previously published on June 3, 2013You own a business. You operate from rented premises. You work hard, take the risks, take the lumps, and have a successful enterprise. One day, for whatever reason, you may want to sell. Are you going to realize full value?
|Can Our Association Do That? FCA Adopts New Rule for Farm Credit Subsidiaries|
Patrick F. Brown, David Gossett; Nexsen Pruet, LLC;
June 5, 2013, previously published on May 29, 2013The Farm Credit Administration has adopted a new final rule governing the ownership and use of unincorporated business entities (UBEs) by Farm Credit System institutions. It applies to investments by System institutions in limited partnerships, limited liability partnerships, limited liability...
|CFPB Cracks Down on Sham Affiliated Business Arrangements Under Section 8 of RESPA|
David N. Anthony, Maryia Y. Jones, John C. Lynch; Troutman Sanders LLP;
May 27, 2013, previously published on May 23, 2013On May 17, 2013, the Consumer Financial Protection Bureau (CFPB) barred a Texas homebuilding company and its affiliate (Respondents) from engaging in real estate settlement business, including mortgage origination, for five years. Respondents were also ordered to disgorge all kickbacks that...
|The New Limited Liability Company Law in California: Will the LLC Structure Still Work for You?|
Jennifer Bojorquez, Krystle Gomez, Matthew C. So; Troutman Sanders LLP;
May 24, 2013, previously published on May 22, 2013In January 2014, the existing limited liability company act in California (the Beverly-Killea Limited Liability Company Act) will be repealed and superseded by the California Revised Uniform Limited Liability Company Act, popularly known as RULLCA. RULLCA was signed into law by Governor Jerry Brown...
|Attorneys' Fees Provisions: Not a Blank Check to Overreach|
Anne E. Kane; Schnader Harrison Segal & Lewis LLP;
May 18, 2013, previously published on May 2013In the American legal system, attorneys’ fees and costs are not recoverable as damages unless expressly authorized by statute. Legal fees are simply a cost of doing business unless the parties to a contract agree otherwise.
|Avoid Making Unnecessary Property Protection Advances On New York City Properties|
Keith Brandofino; Kilpatrick Townsend & Stockton LLP;
April 19, 2013, previously published on April 17, 2013One way lenders can limit their losses is to ensure that its collateral has a water meter, thereby avoiding advances for overstated water/sewer charges. Below is the reason why.
|Federal Agencies Issue New Appraisal Rules|
Paul M. Phillips; Adams and Reese LLP;
April 16, 2013, previously published on April 11, 2013On January 18, 2013, the FDIC, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Housing Finance Agency, and the Consumer Financial Protection Bureau ("CFPB"), issued the Higher Priced Mortgage Loan Appraisal Rule ("HPML...
|CFPB Issues Small Entity Compliance Guide for Ability-to-Repay Rule|
David N. Anthony, Scott Kelly, Michael E. Lacy, Alan D. Wingfield; Troutman Sanders LLP;
April 15, 2013, previously published on April 11, 2013On April 10, 2013, the Consumer Financial Protection Bureau (CFPB) issued a Small Entity Compliance Guide (the “Guide”) for its Ability-to-Repay/Qualified Mortgage final rule (the “ATR/QM Rule”) that is slated to go into effect on January 10, 2014. According to the CFPB, its...