Regions

Airspace leases: property out of thin air

It is the desire of almost every property investor to make their assets “sweat” by maximising the income available from them. One way investors achieve this is by granting leases of the airspace above their properties. Investors may, for example, lease the airspace to a developer who can help them improve the density of their building by adding a floor or more. Alternatively, the investor may lease the airspace to a tenant who will install telecommunications equipment or solar panels on the roof. This article presents the questions an investor has to ask before embarking on this route, as it is littered with potential issues. It assumes that you are an investor looking to lease airspace to a developer, to improve the density of your asset.

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GDPR Compliances by Indian Companies – A Brief Overview

The introduction of European Union’s (“EU”) regulations on protection of natural persons with regard to processing of personal data and free movement of such data (“GDPR”) has brought on certain significant implications on Indian entities processing personal data of EU Residents. Basically, since GDPR has extra-territorial application and applies to processing of personal data of EU residents even by entities situated outside EU, Indian entities who are acting as either a ‘controller’ (i.e. the person who determines the purposes and means of the processing of data) or a ‘processor’ (i.e. the person who processes the personal data on behalf of the controller), of personal data of persons of EU, in relation to offering of goods or services to such persons or monitoring their behaviour in so far as it takes place within EU, become subject to GDPR.

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Aanbestedingsrecht en de Nota van Inlichtingen, hoe zat het ook al weer?

Iedereen die wel eens aan een aanbestedingsprocedure heeft meegedaan, kent hem wel: de Nota van Inlichtingen. Meer een resultaat van waar het eigenlijk om gaat: de mogelijkheid om vragen te stellen. Dat is natuurlijk bedoeld om onduidelijkheden te voorkomen. Naast het feit dat individuele inschrijvers daarmee vragen beantwoord krijgen over onderdelen van de opdracht (of de aanbestedingsprocedure), zorgt het verspreiden van de Nota van Inlichtingen er voor dat alle inschrijvers ook dezelfde – verdiepende – informatie hebben over die opdracht of procedure.

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Understanding waivers and releases for Florida construction contractors

Florida statutes provide detailed instructions regarding partial and final waivers and releases of lien. Contractors and subcontractors should be careful what they are signing and must understand the rights they are waiving. This blog provides practical advice for contractors handling waivers and releases, discusses the standard forms and language required by Florida law, and identifies the key issues contractors need to understand.

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The increasing demand for serviced offices and how landlords can help secure lending

The continued growth of the serviced office sector presents an investment opportunity for lenders providing issues surrounding perceived risk and valuation can be circumvented.

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Howard & Howard Expands Peoria Office

Howard & Howard Attorneys PLLC is pleased to announce that Noah A. Menold has joined the firm. He will practice out of the firm’s Peoria, Illinois office.

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DOJ False Claims Act Statistics for FY 2018: Total Collections Fall While Healthcare Recoveries Rise

On December 21, 2018, the Department of Justice (“DOJ”) announced in a press release the recoveries obtained in settlements and judgments from civil matters involving fraud and those brought under the False Claims Act (“FCA”) for the fiscal year (“FY”) ending September 30, 2018. While total recoveries were $2.88 billion—the ninth consecutive year exceeding $2 billion—this was down almost $600 million from FY 2017, the lowest level since 2009 and the second year in a row that total recoveries fell.

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Just Don’t Do It: Nike’s LDNR campaign halted by UK IP court

Fladgate IP associate Ben Milloy was recently invited by the European Intellectual Property Review to discuss the decision in Frank Industries Pty Ltd v Nike Retail BV, stopping Nike’s LDNR ad campaign.

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“Tax Tips: Opportunity Zone program offers investors deferred gain tax benefits”

The Opportunity Zone Program included in the federal tax-reform law passed last year is designed to spur investment in low-income areas. Done properly, investments in designated areas, known as Opportunity Zones, allow both gain deferral and gain exclusion. Imagine a supercharged like-kind exchange, where you can defer income without a like-kind requirement, take cash off the table between investments and even exclude gain upon exit.

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California Supreme Court Affirms the Use of Second Meal Period Waivers for Health Care Employers

Almost four years ago, we wrote about how a California Court of Appeal’s decision exposed health care employers to litigation if they relied upon IWC Wage Order 5 for meal period waivers. That decision was Gerard v. Orange Coast Memorial Medical Center (“Gerard I”), where the Court of Appeal concluded that IWC Wage Order 5 was partially invalid to the extent it authorized second meal period waivers on shifts over 12 hours.

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