This edition of the book is based on Mr. Blaesser's real estate development practice and provides a practitioner's guide to limiting government abuse of discretion in government decision making. The book also offers practical litigation tips for handling land use regulations in light of key court rulings. Highlights in the 20th edition include a discussion of (1) the new multifactor test for determining the denominator (relevant parcel) in a regulatory takings claim as announced by the U.S. Supreme Court in Murr v. Wisconsin; (2) a new form of abuse of discretion––administrative bodies acting "legislatively"; (3) the meaning of "adequate consideration" in development agreements; (4) the viability of the U.S. Supreme Court's Central Hudson four-part test for determining the constitutionality of commercial speech regulations after the Court's decision in Reed v. Town of Gilbert; and (5) further developments under the U.S. Green Building Council’s rating system, LEED v4. To review the table of contents of Discretionary Land Use Controls, click here.
Ms. Hamilton reviewed recent trends with building contractors soliciting assignment of benefits with personal lines and commercial lines claims; described assignment of benefits strategies employed by public adjusters, attorneys, and real estate purchasers; evaluated what the law in various jurisdictions says about rules governing assignment of benefits; and analyzed adjusting strategies adjusters might consider when faced with various forms of assignment of benefits.
The half-day forum, held at Connecticut State University’s Institute of Technology and Business Development, featured a range of topics including Connecticut’s new mortgage lending laws, emerging compliance rules, what the Dodd Frank “rollback” law means for the mortgage industry, the lobbyists’ perspective on the legislative climate in the state, and comments from the Connecticut Department of Banking on the 2018 Connecticut legislative session.
The lunchtime webinar covered the peculiarities of construction defect insurance claims under standard commercial general liability policies. Mr. Haas and Mr. Lee offered insight on a variety of common recurring issues that the courts continue to wrestle with, including policy definitions of property damage and occurrence, and they addressed relevant case law and legislation.
Ms. Freedman was among the participants that contributed to a project entitled “Privacy in the Digital Age: A Project for France” on July 26, 2018 in Providence, Rhode Island. Presented by the U.S. Department of State’s International Visitor Leadership Program, the three-week project addressed political, economic, and social issues in relation to the digital era with sessions taking place in six different locations across the U.S. Attendees from France included a high level expert on artificial intelligence from the European Commission, the head of legal and international affairs for the Ministry of Culture and Communication, and a data protection advisor to the president and the secretary general. The themes covered in the Providence session included compliance with state and federal privacy and security laws and regulations, state emergency data breach response and mitigation, and U.S.-based corporations’ efforts to comply with GDPR.
Ms. Freedman was among the panelists that participated in a discussion on “Phishing.” The Cyber Security Summit gathered C-level and senior executives responsible for defending their companies’ critical infrastructures together with technology providers and distinguished information security experts for a series of interactive panel discussions and keynote presentations on how to protect businesses from cyber-attacks.
The seminar examined recent trends in state law extending the prime’s liability to third tier subcontractors and suppliers and beyond as well as the effect upon the Surety’s payment bond liability in both the public and private settings. “Bonding with Bob” is a series of half-day educational and informational programs spotlighting National Association of Surety Bond Producers (NASBP) benefits, programs, and hot topics in the surety industry.
The seminar covered the factual and legal basis on which sureties and producers may potentially be held liable for the principal’s fraudulent conduct and provided some practice pointers on how to avoid this potential liability. “Bonding with Bob” is a series of half-day educational and informational programs spotlighting National Association of Surety Bond Producers (NASBP) benefits, programs, and hot topics in the surety industry.
The session was part of the regional “CONNection” small group meeting series hosted by the Connecticut Society of Certified Public Accountants. In light of the recent United States Supreme Court decision in South Dakota v. Wayfair, eliminating any physical presence requirement for the collection of state sales and use tax by remote sellers, the presentation offered an update on nexus for sales and use tax purposes in a post-Quill world. Mr. Leichsenring also provided an update on nexus issues for income tax and gross receipts taxes.
Presented by the International Council of Shopping Centers (ICSC,) the session examined how landlords can position their tenant mix to respond to a rapidly changing market. The program also included the exploration of two case studies, Arsenal Yards redevelopment and Tuscan Village new development, that are especially illustrative of forward-thinking retail development. Arsenal Yards is a community-minded redevelopment of a Boston area retail center into a major mixed-use project with retail, restaurant, office, hotel, and residential space. Tuscan Village is a ground-up development on over 170 acres that will use a mix of downtown-style housing, office, retail, and experience to create a destination where people can live, work, stay, and play.
The article covers how climate change is “fast becoming a lightning rod of legal exposure for the design community” and explores the impact this phenomenon is having on the way engineers practice as well as the standards by which they are measured. “In the absence of exacting code guidance, today’s engineer must independently consider the effects of sea level rise, flooding, heat, freezing conditions, excessive wind, and other environmental factors when developing a conservative design,” said Barra.
The live audio call-in program covered the regularly changing programs at the state and federal level.
Mr. Butts reviewed recent trends with building contractors soliciting assignment of benefits with personal lines and commercial lines claims; described assignment of benefits strategies employed by public adjusters, attorneys, and real estate purchasers; evaluated what the law in various jurisdictions says about rules governing assignment of benefits; and analyzed adjusting strategies adjusters might consider when faced with various forms of assignment of benefits.
The 90-minute program covered the path to partnership, navigating the journey, anticipating and dealing with associated challenges, and defining success as a female attorney and law firm partner.
The webinar covered how to understand the evolving cyber threat landscape, why cyber risk is important to all board members, what the right questions are to ask, and how to get started with practical tools, resources and next steps.
The article covers whether a debtor can extend tax sale redemption payments over the life of a plan. “There is no single answer,” said Mr. Boyajian, “because the ways in which state laws unbundle the attributes of property ownership following tax sales are too varied to allow it. However, by examining what a taxpayer retains and what a purchaser takes through a tax sale, bankruptcy courts have developed a consistent analytical framework that should allow for the development of predictable results for debtors that have lost their property to pre-petition tax sales.
The webinar covered the state of the hospital M&A market today, how valuations have been trending in 2018, and the outlook for traditional hospitals.
The focus of the program was on the Rhode Island Superior Court’s recent adoption or revision of numerous rules of civil procedure to address discovery of electronic materials. The rules impose significant, specific requirements on parties and counsel. The panel reviewed the rules, compared them to the analogous federal rules, discussed relevant case law, and considered the technological issues raised by the new rules.
Ms. Eckhoff's interactive seminar highlighted the importance of public speaking and effective presentations and offered tips and best practices to use in both personal and professional settings. She also covered how to be more confident and effective while also being mindful of language and mannerisms that may actually weaken a presentation.
The live webinar explored hypothetical and real life legal obstacles and solutions for public, academic, and safety net hospitals that are looking to expand through partnerships, alliances, acquisitions, and investments.