In a decision published on Feb. 24, 2025, Judge Armando Bonilla of the U.S. Court of Federal Claims (COFC or Court) weighed in on the ongoing debate about jurisdiction over protests of other transaction agreements (OTAs). The...more
As PilieroMazza recently discussed, on February 13, 2025, Judge Amir H. Ali, of the United States District Court for the District of Columbia issued a temporary restraining order (TRO) requiring the Trump administration to...more
Over the last four months, New York’s Appellate Division has finally begun to address constitutional challenges to the state’s Foreclosure Abuse Prevention Act (FAPA), an act that became effective in December 2022 and...more
In a recent case, 513 West 26th Realty LLC v. George Billis Galleries Inc., a New York Supreme Court addressed whether the COVID-era personal guaranty relief statute (the Guaranty Law) violated the Contracts Clause of the...more
The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party...more
When commercial landlords negotiate leases with prospective tenants, they understandably focus on key commercial terms, such as rental rate and renewal options. While that focus is justified, landlords should never overlook...more
A second lawsuit has been filed challenging recent changes to New York's Consumer Directed Personal Assistance Program (CDPAP or the Program), this time taking aim at the new single fiscal intermediary (FI) structure that...more
In the complex world of commercial international trade, contracts serve as the foundation for successful transactions. A well-prepared contract review checklist provides a basis for lawyers to ensure that all necessary terms...more
Exercising break clauses in commercial leases can often prove to be a legal minefield for any tenant (and, in some cases, a landlord) seeking to do so. Strict adherence to any conditions and notice requirements for the...more
As the new year approaches, entrepreneurs across Virginia are gearing up to take their ventures to the next level and turn plans into reality. For many, the first crucial step in this journey involves securing a commercial...more
In 2023, the Private Contractor and Subcontractor Prompt Payment Act of 20131 (the Act) was amended to include additional protections for subcontractors on private projects by limiting a contractor’s setoff rights related to...more
Last summer, we wrote about New York City Administrative Code Section 22-1005, known as the Guaranty Law. This was a pandemic-era prohibition on enforcement of personal guaranties supporting commercial leases for defaults...more
Walt Disney Parks and Resorts U.S., Inc. (“Disney”), the owner and operator of the Walt Disney World Resort in Florida, has sued Florida’s Governor and other officials for allegedly launching “a targeted campaign of...more
The saga continues now that a federal district court judge has ruled that N.Y.C. Local L. No. 55 of 2020 (also known as the Guaranty Law) is unconstitutional. The Guaranty Law, which sought to provide immediate monetary...more
In a highly-anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York ruled on March 31, 2023, in Melendez v. City of New York, that New York City's Guaranty Law is...more
It is not unusual for agency personnel to request extracontractual changes during performance of a contract, many of which may seem fairly innocuous at first glance. From changing the type of screw used in a machine, to...more
Charter schools have experienced some of the highest enrollment growth due to pandemic-related factors influencing how we rethink education. As a result, there continues to be significant increase in the renovation and...more
As previously discussed, the New York City Council passed a law at the end of last year requiring certain hotels in the City to pay eligible employees weekly severance payments for up to 30 weeks. There were swift legal...more
Starting January 30, 2022, new federal contracts that are not procurement contracts must include a clause requiring federal contractors to pay at least $15 per hour to workers performing work on or in connection with the...more
For those interested in knowing whether the New York City “Guaranty Law,” which was enacted by the City Council in May 2020 in the wake of the COVID-19 pandemic, will survive a challenge to its constitutionality, the wait...more
This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. ...more
Automotive data and software company CDK Global LLC (CDK), filed suit in 2019 against the Arizona Attorney General in the U.S. District Court for the District of Arizona seeking an injunction against a new law from taking...more
As the first federal court of appeals to address a challenge to the constitutionality of a COVID-19-related eviction moratorium under the Contracts Clause of the United States Constitution, the Ninth Circuit Court of Appeals...more
A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit on Aug. 25, 2021, upheld the City of Los Angeles' current residential eviction moratorium – first enacted by the City Council in 2020 as an emergency...more
"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more