How Berlin’s Futuristic Airport Became a $6 Billion Embarrassment
October 28, 2015 —
Joshua Hammer – BloombergThe inspectors could hardly believe what they were seeing. Summoned from their headquarters near Munich, the team of logistics, safety, and aviation experts had arrived at newly constructed Berlin Brandenburg International Willy Brandt Airport in the fall of 2011 to begin a lengthy series of checks and approvals for the €600 million ($656 million) terminal on the outskirts of the German capital. Expected to open the following June, the airport, billed as Europe’s “most modern,” was intended to handle 27 million passengers a year and crown Berlin as the continent’s 21st century crossroads.
The team of inspectors, known as ORAT, for Operations Readiness and Airport Transfer, brought in a dummy plane and volunteers as test passengers. They examined everything from baggage carousels and security gates to the fire protection system. The last was an especially high priority: None could forget the 1996 fire that roared through Düsseldorf Airport’s passenger terminal, killing 17.
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Joshua Hammer, Bloomberg
Nancy Conrad to Serve as President of the Pennsylvania Bar Association
May 28, 2024 —
White and Williams LLPWhite and Williams is honored to announce that Nancy Conrad, Managing Partner of the Lehigh Valley office and Chair of the Higher Education Practice Group, will serve as President of the Pennsylvania Bar Association (PBA) for the 2024-2025 term. She will be the seventh woman to serve as President, the second president to hail from Lehigh Valley, the third partner from White and Williams and our firm’s first woman Partner to serve in this role. Conrad recently completed her term as President of the Lehigh County Bar Association (2023-2024).
Tim Davis, Managing Partner stated, “We are proud of Nancy as she begins her term as President of the Pennsylvania Bar Association. Her commitment to ensuring excellence in the profession, her focus on the community and on being an inclusive thought-leader have all laid the foundation for her to take on this important position."
During her career and involvement with the PBA, Conrad served on a number of committees and sections. She started with the Women in the Profession Committee (WIP), then expanded to the Federal Practice Committee, the Labor & Employment Section, the Civil Litigation Section and others. In each of these committees and sections, she served in leadership roles leading to her appointment as Woman Governor and Chair of the DEI Team.
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White and Williams LLP
Paycheck Protection Flexibility Act Of 2020: What You Need to Know
July 20, 2020 —
Amy R. Patton & Rana Ayazi - Payne & FearsOn June 5, 2020, President Trump signed into legislation the bipartisan bill titled the Paycheck Protection Program Flexibility Act of 2020 (PPPFA). The PPPFA modifies the Paycheck Protection Program, which was first introduced under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The modifications provide borrowers more control over the use of funds and make it easier to obtain forgiveness. The following is a summary of the key changes.
1. Extended Maturity Date From 2 Years to 5 Years
Under the CARES Act, the minimum maturity date for loan amounts after the forgiveness period was not defined. The Small Business Administration (SBA) then released an Interim Final Rule clarifying that the minimum maturity date was two years. The PPPFA has extended the term to five years: “The covered loan shall have a minimum maturity of 5 years and a maximum maturity of 10 years from the date on which the borrower applies for loan forgiveness under that section.”
2. Extension of Covered Period From Eight Weeks to a Maximum of 24 Weeks
Under the CARES Act, the covered period of the loan (i.e., the time period in which you may spend the loan funds) was February 15, 2020 to June 30, 2020, an eight-week period. The PPPFA extended the covered period to 24 weeks from the origination date of the loan, or December 31, 2020, whichever is earlier.
Reprinted courtesy of
Amy R. Patton, Payne & Fears and
Rana Ayazi, Payne & Fears
Ms. Patton may be contacted at arp@paynefears.com
Ms. Ayazi may be contacted at ra@paynefears.com
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Hawaii Federal District Court Compels Appraisal
December 03, 2024 —
Tred R. Eyerly - Insurance Law HawaiiThe Hawaii federal district court denied the insurers' motion to dismiss on forum non convenient grounds and granted the insured's motion to compel arbitration. BRE Hotels and Resorts LCC, et al. v. Ace Am Ins. Co., et al., 2024 U,.S. Dist. LEXIS 163852 (D. Haw. Sept. 11, 2024).
BRE Hotels & Resorts LLC (BRE) owned the Grand Wailea Resort on Maui and the Turtle Bay Resort on Oahu. Both hotels were damaged by a rainstorm on March 9, 2021. Estimated losses exceeded $55 million. BRE filed a claim with its sixteen insurers. BRE sought $46 million in four categories: business interruption losses at the Grand Wailea ($29.6 million); damaged tiles at the Grand Wailea ($8.3 million); furniture, fixtures, and equipment at Turtel Bay ($6.2 million); and an assortment of ancillary issues at both properties ($1.9 million).
The insurers investigated and took issued with BRE's estimates. The insurers contended that most of the tiles suffered from an independent defect and were not damaged by the storm, that the insurance policies did not cover the replacement of undamaged furniture, and that the claimed business interruption losses were too high. The insurers paid $4 million.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Atlanta Hawks Billionaire Owner Plans $5 Billion Downtown Transformation
May 01, 2023 —
Brett Pulley & Eliza Ronalds-Hannon - BloombergTony Ressler, the billionaire co-founder of Ares Management and Atlanta Hawks owner, said he’s undeterred by the recent property downturn and is moving forward with his partners to transform downtown Atlanta by turning a vacant railyard into a $5 billion mix of hotels, restaurants and offices.
Fears about the stability of commercial real estate aren’t affecting development of Centennial Yards, a 50-acre, gritty subterranean swath of land now under development by CIM Group, in which Ressler is an investor, he said in an interview.
“We’re not worried about any of that,” Ressler said. “Higher or lower interest rates may change your rate of return but will not determine the success or failure of a project. For us, the project is funded and we’re full steam ahead.”
Reprinted courtesy of
Brett Pulley, Bloomberg and
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Congress to be Discussing Housing
June 11, 2014 —
Beverley BevenFlorez-CDJ STAFFAccording to Housing Wire, several housing discussions will be taking place in Washington D. C. soon. Investors Unite on Solutions for U.S. Housing Policy hosts the first forum, which will be followed by a presentation by Joshua Rosner, author of Reckless Endangerment. Rosner will speak on “how to move forward on housing reform and what are the consequences of getting housing reform wrong.” Furthermore, “he will critique the recent efforts in Congress to reform Fannie Mae and Freddie Mac.”
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New Jersey Legislation Would Bar Anti-Concurrent Causation Clause in Homeowners' Policies
June 08, 2020 —
Tred R. Eyerly - Insurance Law HawaiiA bill prohibiting the use of anti-concurrent causation clauses in homeowners' insurance policies has been introduced before the New Jersey legislature. The bill is
here.
Under an anti-concurrent causation clause, the policy bars coverage if two perils (i.e., wind and water damage) contribute to a loss and one peril is excluded from coverage. For example, wind damage alone may be covered, while water damage is excluded. If both wind and water contribute to the loss, regardless of the degree to which each peril contributes, the anti-concurrent causation clause would bar coverage.
New Jersey S 217 states,
An insurer authorized to transact the business of homeowners insurance in this state shall not exclude coverage in a homeowners insurance policy for loss or damage caused by a peril insured against under the terms of the policy on the grounds that the loss or damage occurred concurrently or in any sequence with a peril not insured against under the terms of the policy. Any such provision to exclude coverage shall be void and unenforceable.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu
November 02, 2020 —
Anthony B. Cavender - Gravel2GavelIn this summary of recent developments in environmental and regulatory law, venues are challenged, standing is upheld, statutory exemption is disputed and more.
THE U.S. SUPREME COURT
Change Must Come from Within … Maryland?
As the new term begins, the Court has agreed to review BP PLC v. Mayor and City Council of Maryland, a decision of the U.S. Court of Appeals for the Fourth Circuit which held that a climate change damages case filed against many energy companies must be heard in the state courts of Maryland and not the federal courts. The petitioners argue that the federal office removal statute authorizes such removal, and the Fourth Circuit’s contrary decision conflicts with rulings from other circuit courts.
THE FEDERAL COURTS
Where Is the Fund in That?
On September 25,2020, in U.S. House of Representatives v. Mnuchin, et al., the U.S. Court of Appeals for the District of Columbia held that the lower court should not have dismissed a lawsuit filed by the U.S. House of Representatives challenging the Executive Branch’s transferal of appropriated funds to the Department of Defense to build a physical barrier along the southern border of the United State. The case is More than $8 billion is at stake, a sum that had been transferred from various federal accounts not involved with building the wall. The appeals court held that the lower court should not have dismissed this lawsuit because the House of Representatives had standing to bring this lawsuit even if the U.S. Senate was not involved with this litigation. Accordingly, the case was returned to the lower court for additional findings, with the appeals court noting that the Constitution’s Appropriation’s Clause serves as an important check on the Executive Branch.
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Anthony B. Cavender, PillsburyMr. Cavender may be contacted at
anthony.cavender@pillsburylaw.com