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Section 179D of the Internal Revenue Code, first enacted in 2006, grants qualifying building owners or tenants of commercial buildings a federal tax deduction for the installation of energy-efficient features and systems in existing or new-build projects. The Inflation Reduction Act of 2022 (“IRA”)...
Flow-down (or “pass-through” or “conduit”) clauses are a common feature in construction contracts, particularly in projects involving multiple tiers of contracts. These clauses are intended to ensure the terms and conditions between the prime contractor and owner apply to all lower tiers of...
2023 was an active year in both the cannabis and psychedelics spaces, with significant developments across policy, research, litigation, and beyond. While states have largely led on the policy front, we expect increased federal attention in both areas this year, in addition to continuation of state...
In a recent announcement, U.S. Citizenship and Immigration Services (USCIS) revealed pivotal final rule aimed at fortifying the integrity of the H-1B registration process and minimizing the potential for fraud. This comprehensive update includes beneficiary-centric selection, flexible petition start...
The Department of Homeland Security (DHS) has put forth a Proposed Rule in January 2023 (“Proposed Rule”), suggesting fee increases and other modifications. Under this proposal, the U.S. Citizenship and Immigration Services (USCIS) increase filing costs for many immigration benefit petitioners and...
On November 30, 2023, the Illinois Supreme Court issued a decision in the case of Acuity v. M/I Homes of Chicago, LLC, et al., 2023 IL 129087 with significant implications for insurance coverage of construction defects under commercial general liability (CGL) policies.
A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates the pitfalls of waiver of subrogation clauses in construction contracts. In XL Insurance America, Inc...
Florida’s lien law is once again under construction with significant changes which went into effect on October 1, 2023. The amendments impact various aspects of lien rights, notice requirements, bond amounts, and attorney fee recovery. Key Provisions and Implications Lien Rights Extended to...
In a recent decision by the Seventh U.S. Circuit Court of Appeals, the court interpreted Illinois law and clarified the rights and obligations of owners, their insurers and public adjusters in the situation in which the public adjuster is identified as a co-payee on a check paying insurance proceeds...
The Illinois Appellate Court reversed a trial court’s statutory fraud judgment against a contractor in a defective construction case. The Appellate Court held that as a matter of law: (1) a contractor’s misstatement of amounts due for work did not support a statutory fraud claim even when the...
The much-anticipated Stakeholders’ call took place on April 25th. As expected, there was not a lot of detailed direction provided although it was acknowledged that to the extent questions were not answered USCIS would try to otherwise address the questions at a later point in time. The following...
A recent decision resolving a dispute arising from pre-pandemic supply chain issues that delayed construction of a wind farm in Illinois illustrates the ever-present risks posed by supply chain disruptions and provides a sobering demonstration of how liability for these risks can be shifted by...
On Friday, April 21, 2023, Gov. John Carney issued a press release indicating he would not veto two legalization bills on his desk as he did one year ago, and they would go into effect on Sunday, April 23, 2023. Sources suggest that, unlike last year, the Democratic-controlled General Assembly would...
PLAN AHEAD. The United States taxes its citizens and tax residents on their worldwide income. This includes those who are a permanent resident, a student, a temporary worker or even those who become an accidental tax resident by spending too many days in the United States. Tax residents will be...
On February 17, 2023, in Cothron v. White Castle System, Inc., 2023 IL 128004, the Illinois Supreme Court issued a sweeping decision concerning the Illinois Biometric Information Privacy Act (“BIPA”), which restricts the collection, retention, and disclosure of any “retina or iris scan, fingerprint...
The EB-5 Reform and Integrity Act of 2022 (“RIA”) notes that “[a]n alien seeking to pool his or her investment with 1 or more additional aliens seeking classification under section 203(b)(5) shall file for such classification in accordance with section 203(b)(5)(E), or before the date of the...
Form I-956K and Increased Filing Fees Please see link with respect to the Form I-956K, please see link to a Blog we submitted to IIUSA. Increase Filing Fees USCIS announced on or about January 3, 2023, that filing fees for the EB-5 Program will be subject to increase. See the below chart indicating...
Washington, D.C.’s (D.C. or the District) Alcoholic Beverage Regulation Administration (ABRA) is now accepting applications for three new alcohol licenses that were created by the Reopen Washington D.C. Alcoholic Beverage Regulation Administration Amendment Act of 2022 . We detail each of these...
The U.S. Food and Drug Administration (FDA or the Agency) today published in the Federal Register a proposed rule that, if finalized, would update the standards that food products must meet in order to be labeled as “healthy.” Per FDA, the proposed rule would “align the definition of ‘healthy’ with...
A federal jury in the Northern District of Illinois recently awarded nearly $23 million to the developer of a luxury hotel in Chicago’s trendy West Loop arising from multiple breaches of contract and fraud by its design-builder. What is particularly striking about the judgment in NHC LLC v. Centaur...