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    CalPERS Sells $3B in Real Estate Assets as Part of New Investment Strategy
    Pillsbury Guides Largest Q1 Real Estate Deal
    RE Firm Enters Strategic Partnership with W Hotels

    Real Estate


    Blockchain: The Impact on the Real Estate Industry
    Authors: Craig A. deRidder, Mercedes K. Tunstall, James M. Grosser, Nik Holtan
    By changing the way that information is digitally stored and exchanged, blockchain technology will alter the way real estate is recorded, transferred, financed and managed globally.
    China’s Recent Restrictions on Outbound Investments by Chinese Companies
    Authors: Jenny (Jia) Sheng, Julian Zou, Yi Zhu
    Recently, several published rules and public comments by government officials have sent a signal that the Chinese government will take certain measures to tighten its control and supervision over outbound investment by Chinese companies, especially in certain industries. Yet to be seen is whether these new rules and policies, once fully implemented, will present significant legal obstacles to outbound investment by Chinese companies. Chinese firms engaged in overseas investments need to be aware of these new trends and to prepare to adjust their strategic plans and overseas activities. At the same time, we have also seen that Chinese government is taking concrete measures to further improve the legal framework for foreign direct investment into China. Both Chinese and foreign investors may take advantage of the policy changes to adapt their respective investment strategies in response to the challenges of change.
    FinCEN Expands Scope of “All Cash” GTOs
    Anti-Money Laundering Efforts Continue to Target the Real Estate Sector
    Authors: Carolina A. Fornos, Mark R. Hellerer, Christine A. Scheuneman, Amanda Senske
    Continuing its efforts to deter the use of real estate as a vehicle to launder proceeds of criminal activity, the Financial Crimes Enforcement Network (FinCEN) recently announced its plan to extend the reach and time frame of its existing Geographic Targeting Orders (GTOs) targeting “all cash” real estate deals. The new GTOs expand reporting requirements of “all cash” real estate purchases in Manhattan and Miami-Dade County by also including all New York City boroughs (Brooklyn, Queens, the Bronx and Staten Island), Broward and Palm Beach counties (just north of Miami, Fla.), as well as Bexar County, Texas and Los Angeles, San Diego, San Francisco, San Mateo, and Santa Clara counties in California. The new GTOs will begin on August 28, 2016, and continue for another 180 days. During that period, U.S. title insurance companies will be required to identify the natural persons behind shell companies and other entities used to engage in “all cash” purchases of luxury real estate.
    San Francisco Gross Receipts Tax – Frequently Asked Questions from the Real Estate Industry
    Authors: Michael J. Cataldo, Rachel B. Horsch

    This alert also was published as a bylined article in State Tax Today Headlines on March 30, 2016.

    The extended due date to file 2015 San Francisco Gross Receipt Tax (“GRT”) returns is April 29, 2016. In anticipation of preparing these returns, below are frequently asked questions (“FAQ”) posed by commercial real estate investors and operators regarding how the tax may apply to typical commercial real estate investments and transactions.
    REIT Citizenship and the Impact of Americold Realty Trust on Jurisdictional Challenges
    Authors: Michael S. McNamara, Robert C.K. Boyd
    On March 7, 2016, the Supreme Court ruled unanimously in Americold Realty Trust v. ConAgra Foods, Inc. that unincorporated entities organized as “real estate investment trusts” (REITs) under Maryland law are citizens of every state in which at least one of their shareholders is a citizen. Although the case specifically addresses Maryland REITs, Justice Sonia Sotomayor’s holding appears broad enough to apply to any manner of statutory trusts or similar entities organized under various states’ laws. This case will steer more litigation where REITs and other unincorporated entities are parties into state courts—not federal courts.
    PATH Act Changes to FIRPTA
    Authors: C. Brian Wainwright, Robert S. Logan
    The Protecting Americans from Tax Hikes Act of 2015 (the PATH Act, Division Q of the Consolidated Appropriations Act, 2016, P.L. 114-113, enacted December 18, 2015) made some important changes to the U.S. federal income tax treatment of U.S. real estate investments by non-U.S. persons under the Foreign Investment in Real Property Tax Act of 1980 (FIRPTA).
    FinCEN Targets “All Cash” Real Estate Deals in Manhattan and Miami
    Authors: Carolina A. Fornos, Maria T. Galeno, Caroline A. Harcourt, Mark R. Hellerer, Christine A. Scheuneman, Amanda Senske
    On January 13, 2016, the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury (Treasury), as part of its continued efforts to combat money laundering, issued its first Geographic Targeting Orders (GTOs) of 2016. The GTOs are directed exclusively at U.S. title insurance companies and their subsidiaries and agents, requiring them, for a temporary period, to identify the individuals behind any entity that is used to purchase high-end residential real estate in Manhattan (New York) and Miami-Dade County (Florida) on an “all cash” basis. This alert addresses the immediate impact of these GTOs on the title insurance companies, and previews what the GTOs may mean for the real estate industry more broadly.
    FAA Updates Guidance on Obstruction Lighting
    Authors: Jennifer E. Trock, Kenneth P. Quinn
    The Federal Aviation Administration (FAA) released new guidance on obstructions, updating builders and developers on the requirements for marking and lighting any structure that may impact the National Airspace System (NAS), such as tall buildings, energy and electricity infrastructure, and communications towers. Developers should familiarize themselves with the new guidance, which will apply to new construction.
    “Reverse CEQA” Reversed: California Supreme Court Rejects CEQA Analysis of Impacts of the Environment on the Project
    Authors: Norman F. Carlin, David R. Farabee, Marne S. Sussman, Emily M. Burkett
    In California Building Industry Association v. Bay Area Air Quality Management District (December 17, 2015) (Case No. S213478) (CBIA v. BAAQMD)1, the California Supreme Court rejected a requirement for so-called “reverse CEQA” analysis, concluding that “CEQA does not generally require an agency to consider the effects of existing environmental conditions on a proposed project’s future users or residents.” Despite this general rule, the Court cautioned that agencies must consider whether, by bringing project residents to a location where environmental hazards already exist, the project may exacerbate such conditions. The Court also noted that certain provisions in CEQA expressly require reverse CEQA analysis for specific types of projects.
    Understanding the New Texas “Open Carry” Gun Laws
    Authors: Laura E. Hannusch, Zeeshan Malik
    Effective January 1, 2016, individuals with a license to carry1 will be authorized to carry a holstered handgun openly in public. Texas property owners must comply with specific requirements if they decide to prohibit guns on their premises.
    New Legislation Threatens to Further Erode Market Share of Non-Trade Union Contractors in California
    Authors: Robert A. James, John R. Heisse, Andrew D. Bluth, Darcy L. Muilenburg, Marissa M. O'Connor, Chris R. Rodriguez
    In January 2016, two new laws go into effect that will change the face of various public and private construction projects in California. These new rules represent the latest in an ongoing effort by the State Building and Construction Trades Council of California (SBCTC) to force public and private owners to use SBCTC-affiliated contractors for various construction work and to impose obligations traditionally tied to public works—e.g., prevailing wage requirements—even on private construction projects.
    Risky “Business As Usual:” The California Supreme Court Upholds the BAU Approach to CEQA Climate Impact Analysis, but Sets a High Bar
    Authors: Norman F. Carlin, David R. Farabee, Marne S. Sussman, Emily M. Burkett
    In Center for Biological Diversity v. Dept. of Fish and Wildlife,1 the California Supreme Court upheld the “Business as Usual” (BAU) approach for analyzing greenhouse gas (GHG) emissions under the California Environmental Quality Act (CEQA), but then set a precariously high bar for application of BAU. The Court generally endorsed reliance on consistency with the state’s goal of reducing GHG emissions by 29 percent compared to BAU, pursuant to Assembly Bill (AB) 32, as a standard for identifying significant GHG impacts pursuant to CEQA. In this case, however, the record failed to show that the individual project’s 31 percent reduction in GHG emissions was consistent with the statewide goal of 29 percent reduction. The project might need to do still more than achieve a 29 percent or 31 percent GHG reduction from BAU, the Court reasoned, because other projects and existing development may do less. While this consistency showing is logical in theory, in practice it will not be easy to make.
    Supreme Court Affirms FHA Disparate Impact Claims
    Authors: Deborah B. Baum, John Scalia, Julia E. Judish, David Stute
    Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. makes clear that “disparate impact” (unintentional discrimination) claims are cognizable under the Fair Housing Act. While the decision’s full scope will be the subject of future federal court litigation, landlords, property managers, developers, lenders and others subject to the Fair Housing Act are well-advised to take affirmative steps to ensure that their policies and practices can withstand disparate impact claims of discrimination.
    Enhanced Infrastructure Districts: A Flexible New Tool for Local Governments
    Authors: Glenn Q. Snyder, Matthew F. Valdez

    This article was published in Law360 on April 17, 2015.

    After the dissolution of California redevelopment agencies (RDAs) in 2011, many local governments desired a tool to raise capital to invest in infrastructure and community revitalization. On September 29, 2014 SB 628 was signed into law by Gov. Jerry Brown. SB 628 grants cities and counties the power to create Enhanced Infrastructure Financing Districts (EIFDs) in order to finance public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community. SB 628 expands on the powers granted to cities and counties pursuant to Infrastructure Financing Districts (IFDs) and Community Facility Districts (CFDs). EIFDs provide greater flexibility to local governments seeking to invest in infrastructure and community revitalization, including a lower voter approval threshold to issue bonds and a wider range of infrastructure investments.
    USGS’s Increase of Texas’s Earthquake Risk Level: Commercial Real Estate and Insurance Implications
    Authors: James S. Lloyd, Vincent E. Morgan, Adam J. Weaver, Tamara D. Bruno

    Before 2008, the greater Dallas Fort Worth area, known as the Fort Worth Basin, was almost entirely void of seismic activity. Between 1950 and 2008, the only seismic activity on record was an insignificant event that experts could only agree “might” have been an earthquake. Recently, however, seismic activity in the Fort Worth Basin has increased significantly, with more than 120 earthquakes recorded in the region since 2008. Although the cause of this increase in earthquakes has not been determined, some suggest that hydraulic fracturing (or “fracking”)—the high-powered injection of millions of gallons of fluid into deep reserve wells—has induced these tremors. For example, a February 20, 2015, article in Science Magazine argues that the large influx of seismic activity in the mid-continent, including the Fort Worth Basin, is due to “fluid-injection activities used in modern energy production.”

    California Supreme Court Creates Two-Part CEQA Exemption Test in Berkeley Hillside
    Authors: Norman F. Carlin, Emily M. Burkett

    This material also was published as a bylined article on Globe St. on March 11, 2015.

    Developers and agencies seeking to expedite project reviews under the California Environmental Quality Act (CEQA) often chafe under its unique “fair argument” standard of judicial review, which sets a very low bar for challenges to short-form environmental documents. Rejecting attempts by lower courts to extend the fair argument standard, in Berkeley Hillside Preservation v. City of Berkeley, the California Supreme Court held that traditional, agency-deferential review applies when determining whether “unusual circumstances” exist which may preclude reliance on a CEQA exemption. However, any encouragement to developers and agencies was promptly tempered by the second step of the Court’s analysis, holding that the plaintiff-favorable fair argument standard applies when determining whether, in turn, those unusual circumstances may cause significant environmental impacts.
    Court of Appeal Holds Transfer Tax Applies to Legal Entity Changes in Ownership
    Authors: Craig A. Becker, Kerne H.O. Matsubara, Matthew F. Burke
    In 926 North Ardmore Avenue, LLC v. County of Los Angeles,1 the 2nd District Court of Appeal held that Proposition 13 changes in ownership prompted by transfers of legal entity interests should also be characterized as “realty sold,” resulting in the imposition of realty transfer taxes under the California Documentary Transfer Tax Act in cases even where no real property interests are transferred at all.
    IRS Issues Long-Promised Guidance Following Historic Boardwalk Decision
    Author: Thomas D. Morton
    To welcome in the new year, the Internal Revenue Service (the “IRS”) issued Rev. Proc. 2014-12, 2014-3 I.R.B. 415, to provide administrative guidance to the federal historic tax credit industry in the aftermath of the Third Circuit’s decision in Historic Boardwalk Hall, LLC v. Commissioner, 694 F.3d 425 (3d Cir. 2012), cert. denied, 133 S.Ct. 2734 (2013). Rev. Proc. 2014-12 includes a safe harbor (the “Safe Harbor”) pursuant to which the IRS will not challenge the allocation of rehabilitation tax credits (“Historic Credits”) under Section 47 of the Internal Revenue Code of 1986, as amended (the “Code”), among partners in a partnership. Overall, the guidance is a good faith and useful attempt by the IRS to set reasonable Safe Harbor parameters while addressing its concerns with the deal structure in the Historic Boardwalk case. Unfortunately, it does also include some puzzling elements.
    Perspectives on Real Estate
    Authors: Thomas Klaus Gump, George P. Haley, Lynn A. Soukup
    This issue of the newsletter examines amendments to Article 9 of the Uniform Commercial Code (UCC), which will become effective in many jurisdictions on July 1, 2013.
    Perspectives on Real Estate
    Author: James P. Bobotek
    This issue of Perspectives on Real Estate discusses what to look out for in order to ensure adequate coverage against property and business interruption losses in the wake of natural disasters.
    Perspectives on Real Estate
    Author: Geoffrey J. Greeves
    This issue of Perspectives on Real Estate discusses what to look out for in order to ensure adequate coverage against property loss.
    Catching Up with Winding Down: The Status of California Redevelopment Successor Agencies
    Authors: Robert C. Herr, Noa L. Clark, Paul C. Levin
    Successor agencies to California’s dissolved Redevelopment Agencies (“RDAs”) continue to wind down the operations of the former RDAs under the supervision of oversight boards pursuant to Assembly Bill X1 26 (“AB 26”) as modified by Assembly Bill 1484 (“AB 1484”). Successor agencies are currently addressing several issues for the first time relating to enforceability of contracts, the distribution of agency funds, and the future of properties formerly owned by RDAs. This advisory explains the current state of successor agencies and how successor agencies are dealing with issues raised by the wind-down process.
    Trends in Single-Family Housing
    Authors: Craig A. deRidder, Peter G. Freeman, Joseph T. Lynyak, III
    Rising home values in many areas of the country and improved economic data have buoyed hopes that the recession may be behind us, but no one expects an immediate return of either pre-2007 home value appreciation or the loose mortgage underwriting and servicing standards that were exposed during the housing crash. Not only have federal regulators issued numerous rules to prevent another housing-based recession, but many communities still face a daunting inventory of distressed single-family housing.
    Fall 2012
    Perspectives on Real Estate
    Authors: James P. Bobotek, Samuel S. Cavior, Eric A. Kremer, Dana Proud Newman, Carmela D. Nicholas, Deryck A. Palmer
    The 22nd edition of Pillsbury's Newsletter: Perspectives on Real Estate features articles on energy consumption data reporting (AB1103 and 531), construction and risk management, new foreign tax withholding forms, chapter 9 and public-private partnerships.
    Lenders Beware: Default Interest Provisions Within Acceleration Clauses Are Not Automatically Triggered by Maturity
    Authors: Steven D. Hamilton, Angela M. Yates
    The Court of Appeals of the State of California, Second Appellate District has ruled that because the default interest provisions of a promissory note were included within the acceleration clause of a promissory note, the default rate was not triggered when the promissory note matured by its terms. Based on this ruling, default interest provisions in promissory notes should provide that the default interest rate applies not only following a default or acceleration of the maturity date, but also after the scheduled maturity date.
    August 2012
    Shutting Down the Construction Project
    Authors: Noa L. Clark, Robert A. James, Amy L. Pierce
    Trouble, in the form of adverse changes in financial conditions or the property marketing environment, sometimes strikes urban real estate development projects during the period between construction contract signing and completion of procurement and construction activities. In many cases, the course of action that will maximize value for all stakeholders is to allow the work to continue. Project completion will result in improvement to a base level and more security from casualty risks, as well as satisfaction of the conditions from a seller or redevelopment agency to drawdown of the land rights. But if financing for that continuation is not available, or if prospects for selling or leasing the improved property appear sufficiently bleak, the developer may reluctantly determine that the construction contracts and work should be suspended for some period of time or terminated altogether.
    Significant Changes to California's Mechanics Lien Law Coming July 1, 2012
    Authors: William S. Hale, P.E., Robert A. James, Amy L. Pierce, John S. Poulos, Chris R. Rodriguez
    Effective July 1, all of the existing statutes governing mechanics liens, stop notices and payment bonds in California will be repealed and replaced by updated statutes.

    May 2012
    Iraq Perspectives Newsletter
    Authors: David J. Cynamon, Craig A. deRidder, Mostafa El-Erian, Esq., Christopher D. Gunson
    Introduction to Iraq Perspectives
    This is the first issue of Iraq Perspectives, a newsletter by Pillsbury Winthrop Shaw Pittman LLP on important legal issues regarding Iraq. Iraq Perspectives is written for companies and individuals who are interested in investment and development opportunities in Iraq.

    May 2012
    Iraq's National Investment Commission
    Source: Iraq Perspectives Newsletter - May 2012
    Authors: Mostafa El-Erian, Esq.
    The Investment Law of 2006 established the National Investment Commission (NIC), the Iraqi government institution responsible for promoting investment by granting licenses to develop major projects. The NIC actively assists investors to identify potential projects and coordinates on behalf of investors with Iraq's ministries and government agencies. For investors seeking to do business in the country, the NIC has established a One-Stop Shop (OSS) for navigating Iraq's complex bureaucracy, including clarification of the rights and responsibilities of central and provincial agencies.

    Spring 2012
    Perspectives on Real Estate
    Authors: Noa L. Clark, Jeffrey R. Gans, Robert C. Herr, Eric A. Kremer, James S. Lloyd, Carmela D. Nicholas, Paul C. Levin
    The 21st edition of Pillsbury's Newsletter: Perspectives on Real Estate features articles on green leasing, mineral rights, avoiding construction project failures and California's post redevelopment agency landscape.

    Spring 2012
    "Green" Leasing: Landlord and Tenant Perspectives
    Source: Perspectives on Real Estate Newsletter - Spring 2012
    Authors: Eric A. Kremer, Carmela D. Nicholas
    As the global emphasis on carbon footprint reduction and sustainability measures continues to increase, so will the prevalence of "green" provisions in commercial leases. For both landlords and tenants, business, marketing and public relations reasons are as likely as environmental interests to drive the "green" lease trend. From the landlord's perspective, a building that achieves a certain sustainability rating may have a competitive marketing advantage over buildings that have not achieved "green" status, and the implementation of environmentally friendly measures such as installation of energy-efficient LED lights may serve to reduce operating expenses for a property. A recent study showed that buildings that are certified under the U.S. Green Building Council's Leadership in Energy and Environmental Design ("LEED") rating system command higher rents and have greater occupancy rates than non-LEED-certified buildings.1 Landlords are also faced with new federal, state and local regulations that may require compliance with "green" initiatives, such as the requirement to recycle construction waste from tenant improvement installations.

    Spring 2012
    Scratching the Surface: Understanding the Potential Impact of Minerals Rights on Your Texas Loan
    Source: Perspectives on Real Estate Newsletter - Spring 2012
    Authors: James S. Lloyd
    Texas oil and gas law presents unique issues for real estate secured lending. In Texas, the mineral estate can be severed from the surface estate, resulting in a separate fee estate with rights to use the surface for purposes of exploring and extracting minerals. Over the past decade, energy prices, combined with new technologies such as hydraulic fracturing, have resulted in increased exploration and development in urban areas, typified by the Barnett Shale play in North Texas. Lenders should be aware of the potential impact of such exploration and development on their real property collateral.

    Spring 2012
    Avoiding Construction Project Failures: 8,000 Romans, 3,000 Greeks, One Lesson
    Source: Perspectives on Real Estate Newsletter - Spring 2012
    Authors: Jeffrey R. Gans, John A. Fedun
    Over two days in 279 BC, Rome fought a bloody battle at Asculum against the Grecian-allied armies of Tarantine, Oscan, Samnite and Epirote. As with all important battles (ancient and modern), the Battle of Asculum was part of a war for control over an enormous parcel of prime real estate on the southern Italian coast known at the time as Magna Graecia. Those miles of waterfront property with no zoning restrictions and deepwater access were coveted by every developer from Macedonia to Gaul.

    Spring 2012
    California's Post Redevelopment Agency Landscape
    Source: Perspectives on Real Estate Newsletter - Spring 2012
    Authors: Noa L. Clark, Robert C. Herr, Paul C. Levin
    On December 29, 2011, the California Supreme Court upheld legislation that fundamentally changes redevelopment law in California. The court upheld Assembly Bill X1 26 (AB 26), eliminating all redevelopment agencies in California, while overturning Assembly Bill X1 27 (AB 27), which would have allowed redevelopment agencies to continue operations if the agencies made certain payments to the state. As a result, all of California's approximately 400 redevelopment agencies dissolved as of February 1, 2012, without the option to make payments to the state to continue operations.

    Real Estate Big Deal Brochure
    Every real estate deal is big for someone. We have done deals of all sizes, up to millions of square feet and several billion dollars in market value. But it's not the size that makes them big. We have worked on projects that spanned the entire country. But it's not the geographic scope that matters to us. We work regularly with some of the best-known buyers, sellers, developers, builders, lenders and investors in the country. But we aren't looking to ride on the reputations of others. What makes a big deal big for us is the difference it makes for you.

    State Supreme Court Upholds Dissolution of California Redevelopment Agencies
    Authors: Robert C. Herr, Noa L. Clark, Paul C. Levin
    On December 29, 2011, the California Supreme Court issued a ruling upholding sweeping changes to California redevelopment law. The court upheld Assembly Bill (AB) X1 26, which dissolves all redevelopment agencies in California, while invalidating ABX1 27, which would have allowed redevelopment agencies to continue by making required payments to the state’s education fund. This ruling means that, effective immediately, all redevelopment agencies in California must begin the dissolution and winding-up process as required by ABX1 26.
    Texas Seeks Private Development Partners
    Authors: Laura E. Hannusch, James S. Lloyd
    Effective September 1, 2011, the Texas Legislature enacted the Public and Private Facilities and Infrastructure Act (the Act) for the purpose of enabling private investment in public facilities and infrastructure. The Texas Facilities Commission (the Commission) recently adopted Public-Private Partnership Guidelines (the Guidelines) setting forth the application requirements for qualifying projects and the review criteria and processes by which applications will be evaluated. The Guidelines are intended to provide certainty to the process of proposing and negotiating public-private partnerships (PPPs), which in turn should result in additional development opportunities to private parties while better utilizing and developing the State of Texas’ (the State) real estate assets and providing the State with non-tax revenue sources.
    Shifting of Liability Nixed by New California Contractor's Law
    Authors: John R. Heisse, Robert A. James, Chris R. Rodriguez
    After January 1, 2013, under new California law, "Type I" indemnity provisions covering the indemnitee's concurrent active negligence will no longer be enforceable, and owners' and contractors' ability to shift the costs of defense to downstream subcontractors and suppliers will be limited.

    Prevailing Wage Law in California to Cover Certain Private Renewable and Energy Efficiency Projects on Public Land
    Authors: Robert A. James, Amy L. Pierce, Matt Hallinan
    New California law expands the definition of "public works," imposing prevailing wage obligations for construction, alteration, demolition, installation and repair work performed under certain private contracts in connection with renewable energy or energy efficiency improvements on public property. New California laws also stiffen the penalties for non-compliance and modify the enforcement mechanisms for prevailing wage obligations.

    LLCs Can Finally Become Licensed California Contractors
    Authors: Robert A. James, Amy L. Pierce
    California law directs the Contractors’ State License Board, no later than January 1, 2012, to begin processing applications by limited liability companies for contractors’ licenses. The Board has recently provided guidance on the licensing requirements for LLCs, which differ from those for other types of business organizations.
    California Commercial Property Owners Face Deadline for Energy Benchmarking Disclosures
    Authors: Laura E. Hannusch, Quinn A. Arntsen, Paul C. Levin
    The California Energy Commission (CEC) recently issued revised draft regulations setting the implementation schedule for its energy use disclosure program under AB 1103. Under the implementation schedule, commercial real estate owners must disclose energy benchmarking data starting on: July 1, 2012, for buildings with more than 50,000 square feet; January 1, 2013, for buildings with 10,001-49,999 square feet; and July 1, 2013, for buildings with 5,000-10,000 square feet.
    P3 Update for California Transportation Projects: Appellate Decision Helps Pave Way for Current and Future Projects
    Authors: Philip J. Tendler, Paul C. Levin
    The Presidio Parkway Project, California’s first public-private partnership (“P3”) to move forward under legislation enacted in 2009, is expected to proceed after a California appellate court denied a request to enjoin the project. Filed on August 8, the decision upheld a lower court ruling dismissing a claim that the project did not meet the requirements of California’s P3 transportation authorization statute.1 This is significant not only for the Presidio Parkway Project, but also because the legislation applicable to this project is the blueprint for structuring eight other pending transportation projects with a total estimated cost of $25 billion.2
    Summer 2011
    Perspectives on Real Estate
    Authors: Glenn Q. Snyder, Kimberly C. Moore, Jeffrey A. Knight, Josephine S. Lo, Ignacio Barandiaran, H. Carl Moultrie III, William A. Wilcox Jr., Daniel S. Herzfeld
    Welcome to the Summer 2011 edition of Pillsbury’s Perspectives on Real Estate. We decided to focus this edition on public-private partnerships (PPPs) because so many of our clients are involved in these ventures. Typically, PPPs are partnerships between a governmental entity and one or more private parties, specially created to design, build, operate and maintain public projects—such as roads, power plants, hospitals or schools—or some combination of these activities. PPPs also may be viewed in a broader context, to include such things as affordable housing projects (where tax credits make the projects economically feasible) or urban infill projects made possible because of tax increment financing and other financial support from local redevelopment agencies.

    Texas Eminent Domain Laws Get a Makeover – A Primer on Senate Bill 18
    Authors: Laura E. Hannusch, Joseph R. Herbster, Brad Raffle
    The Texas Legislature has enacted Senate Bill 18, a law that substantially changes eminent domain practices for both public and private entities. The new rules will most certainly make condemnations more time-consuming and costly. Depending on how courts react to the new focus on takings being solely for a public use, condemning authorities may find themselves having to defend a taking more vigorously than ever before.

    When May Antitrust Not Stop a Health Care Combination? When a Court Decides other Federal Law May Compel It.
    Source: LinkedIn
    Author: Andrew M. Troop
    [The Court’s] determination reflects the healthcare world as it is, and not as the FTC wishes it to be. We find it no small irony that the same federal government under which the FTC operates has created a climate that virtually compels institutions to seek alliances such as the Hospitals intend here. Like the corner store, the community medical center is a charming but increasingly antiquated concept. It is better for the people they treat that such hospitals unite and survive rather than remain divided and wither.

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