Archives: Legal Developments—National

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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 perceived as a significant, albeit narrow, win for taxpayers engaged in real … Continue Reading

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 that would help simplify that process, especially for smaller contractors. The legislation, H.R. 2350, the … Continue Reading

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. This differs from the bill that was submitted in Congress in 2015 in ways … Continue Reading

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 accommodations of any place of public accommodation. When a plaintiff prevails in an ADA lawsuit, the court … Continue Reading

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 business, ranging from the new FLSA overtime rules to OSHA’s final rule on tracking workplace injuries.… Continue Reading

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 ruling that a permit applicant need not await the completion of the … Continue Reading

Landlords, Beware: HUD Warns Against Discriminating Based on Criminal Background

Last month, the United States Department of Housing and Urban Development issued guidance that all residential landlords, property managers, and brokers should be aware of: While checking a potential renter’s criminal background is not off limits when reviewing the person’s housing application, doing so in a way that has an adverse effect on a protected … Continue Reading

BiOp on the Oregon National Flood Insurance Program: A Case for Levee Accreditation

If there was ever a case to be made for levee accreditation in Oregon, it would be the biological opinion (“BiOp”) that the National Marine Fisheries Services (“NMFS”) issued in April 2016. The BiOp seeks to protect and conserve certain salmon and steelhead species, and their critical habitats, listed under the federal Endangered Species Act and … Continue Reading

Employment Law Issues for the Development Industry

Recently, several of my colleagues have written articles on employment law issues, ranging from best hiring practices to Oregon’s new minimum-wage laws. Since employment issues are prevalent in all industries, including development, it dawned on me that I should capture and consolidate a few of these resources from time to time and share them on … Continue Reading

Justice Thomas Signals that the Supreme Court May Review Inclusionary Zoning

Just days after the Oregon Senate approved a bill that would allow inclusionary zoning—i.e. permitting local governments to condition the grant of incentives to developers on the inclusion of affordable housing in new developments—at least one United States Supreme Court Justice has sent a signal that the Court may wish to review such laws (as … Continue Reading

October 1 Deadline: Employers Must Notify All Employees About New Health Insurance Exchange

Although enforcement of the Affordable Care Act (the “ACA”) play-or-pay rules has been delayed until 2015, the new online health insurance marketplace (better known as the “exchange”) will be up and running by January 1, 2014. By the start of the exchange’s open-enrollment period on October 1, 2013, nearly all employers must provide a notice to their current employees about … Continue Reading

D.R. Horton Hears It From The Ninth Circuit

Ninth Circuit Rejects Argument That Employment Arbitration Agreement With Class Action Waiver Violates the National Labor Relations Act  In 2011, the U.S. Supreme Court had ruled in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011), that arbitration agreements with class waivers were permissible. Then, just after employers thought it safe to create arbitration … Continue Reading
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