Commercial

Expert Analysis

• How CMS Proposal Would Change PE Deal Transparency

  

  The Centers for Medicare and Medicaid Services recently proposed a new rule that would require the disclosure of additional ownership regarding Medicare and Medicaid nursing facilities, an approach that many states have started to take and reflects the Biden administration's scrutiny on private equity deals, say attorneys at Kirkland.

• How Cannabis Cos. Can Comply With NJ Industrial Site Law

  

  As New Jersey’s recreational cannabis market flourishes, manufacturers that may be subject to a state environmental law must take extra precautions to mitigate potential liabilities and costs, including for historical contamination, says Matthew Karmel at Offit Kurman.

• IRS' Cost Method Update Is Favorable For RE Developers

  

  The Internal Revenue Service's recent update to its alternative cost method will allow real estate developers to accelerate their cost recovery of improvements in certain circumstances and make it easier for practitioners to satisfy the method's tax compliance requirements, says Benjamin Oklan at Weil.

• Commercial Landlords Should Approach Self-Help Carefully

  

  Although on the surface lease provisions give landlords the right to recover possession of leased premises when a commercial tenant falls behind on rent, blind reliance on such language can lead to trouble and self-help should be exercised with great caution, says Knox Withers at Arnall Golden.

• As The Metaverse Expands, Bankruptcy Questions Arise

  

  Restructuring and bankruptcy happen in the metaverse, too — and the uncertain and evolving rules of digital ownership could have surprising effects on who gets paid, with increasing tension between platforms and users, say Kizzy Jarashow and James Lathrop at Goodwin.

• Establishing A Record Of Good Faith In Mediation

  

  Viacom v. U.S. Specialty Insurance, and other recent cases, highlight the developing criteria for determining good faith participation in mediation, as well as several practical tips to establish such a record, says Richard Mason at MasonADR.

• How Crypto-Friendly Bank Failures Will Change Tech Industry

  

  The recent failures of Silicon Valley Bank, Signature Bank and Silvergate Capital are likely to result in significant shifts in how the global tech industry and its financial partners address legal, compliance, regulatory and business risks, says Erin Bryan at Dorsey & Whitney.

• Top Questions, And Lessons, After Banking's Wild Weekend

  

  While regulators alleviated some immediate concerns related to Silicon Valley Bank and Signature Bank, even companies with minimal exposure to the failed institutions should monitor unfolding policy changes, cash management issues and increasing scrutiny on risk disclosures for public companies, say attorneys at Morgan Lewis.

• Everyrealm Case Spurs Big Workplace Arbitration Questions

  

  If a New York federal judge's recent textualist ruling in Johnson v. Everyrealm denying arbitration of an entire employment lawsuit is appealed and upheld, it could set the stage for significant impairment of the enforcement of arbitration agreements, says Rex Berry at Signature Resolution.

• A Look At The Feds' Extraordinary Reaction To SVB Collapse

  

  With the receiverships of two banks in almost as many days, the emerging pattern of regulatory response holds the banking sector as a whole responsible for losses at individual institutions, a scenario that may not end with special assessments to cover Silicon Valley Bank and Signature Bank, say attorneys at WilmerHale.

• Insureds Must Prep For Drought-Related Service Interruptions

  

  Amid the ongoing U.S. water crisis, corporate policyholders must prepare for the emerging risk of service interruption property damage and time element loss, including through careful examination of their current and renewal property policies, says Micah Skidmore at Haynes Boone.

• How To Select The Right Arbitrator For A Construction Dispute

  Excerpt from Practical Guidance

  

  In construction disputes, selecting an arbitrator is a critical decision with many nuances to consider, as different types of potential panelists all come with their own experiences, views and possible biases, says Edward Gentilcore at Blank Rome.

• Combating Russia's Evolving Sanctions Evasion Efforts

  

  As the war in Ukraine enters its second year, Russia and its oligarch class will continue their attempts to elude sanctions, and regulators from the U.S. and allied nations will keep searching for ways to beat them back, say Ian Herbert at Miller & Chevalier and Brad Dragoon at Charles River.