News & Publications

On September 24, 2019, the US Department of the Treasury published proposed rules that, if adopted, would implement major changes to the process by which the Committee on Foreign Investment in the United States (CFIUS or the Committee) conducts its reviews. The proposed changes were mandated by the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The proposed rules would revise and reissue Part 800 of Title 31 of the Code of Federal Regulations—the current [...]

Fieldstone Capital (landlord) filled a summary (non-payment) proceeding against Ryan & Conlon (tenant). And Ryan & Conlon asserted that it did not owe rent because the firm had been partially evicted, actually or constructively, from its 7th floor office as a result of common area renovation work done by Fieldstone. Paragraph 4 of the governing commercial lease agreement authorized Fieldstone to make “repairs, alterations, additions or improvements” in or to any portion of the building or [...]

In McMillin Homes Constr., Inc. v. Nat'l Fire & Marine Ins. Co., 35 Cal. App. 5th 1042 (2019), the appellate court reversed the trial court's judgment, finding that a subcontractor's insurer owed a duty to defend the additional insured general contractor in a construction defect suit even though the additional insured endorsement excluded coverage for "property in the care, custody or control of the additional insured." McMillin Homes Construction, Inc. ("McMillin") was the developer and general [...]