From the Ground Up
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Ninth Circuit Opens the Door, IRS Slams It Shut (an update to IRS: "Shea It Ain't So!" The Ninth Circuit Opens the Door for Real Estate Developer to Defer Income Tax)
On April 7, 2017, the IRS issued Action on Decision 2017-03, confirming that the IRS would not follow the Ninth Circuit's ruling in Shea Homes, Inc. v. Commissioner, 834 F.3d 1061 (9th Cir. 2016). The Ninth Circuit's decision in Shea Homes was widely...
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A Light in the Darkness: The “Small Business Know-Before-You-Bid Construction Transparency Act of 2017”
Federal government contracting comes with a myriad of challenges, not the least of which are sometimes opaque procedures for getting paid (or taking action if you’re not getting paid). A bill has just been introduced in the House of Representatives t...
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Chapter 2: Ending “Drive-By” Lawsuits Under the ADA
We wrote about the plans to amend the Americans With Disabilities Act on January 31, 2017, to deal with so-called drive-by lawsuits claiming that there are illegal physical barriers to access. Now we have the language in the proposed bill, HR 620. Th...
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Ending “Drive-By” Lawsuits Under the ADA
Businesses are required to comply with the obligations under Title III of the Americans With Disabilities Act (ADA)—there cannot be discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, or accom...
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Employment Law Issues for the Development Industry (June Update)
As mentioned in my April post, I plan to capture and consolidate employment law articles written by my colleagues on employment issues pertinent to the development industry. Below are three recent articles that you might find useful to your busi...
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SCOTUS Provides Pathway to Courts' Challenging Army Corps' Wetlands Calls
Access to courts to resolve disputes early on in a permitting process is critical for land use projects in terms of time- and cost-savings. In Army Corps of Engineers v. Hawkes, issued on May 31, 2016, the U.S. Supreme Court effectively agreed by rul...
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