by Ron Holmes and Riley Wilson – Recently, President Biden announced his COVID-19 Action Plan to combat the virus and its effects, one aspect of which directs the Occupational Safety and Health Administration (OSHA) to create a rule requiring employers with 100 or more employees to mandate COVID-19 vaccines or be subjected to weekly testing (the …
By Ron Holmes – 666 new Texas state laws will take effect on September 1, 2021. The Corona Virus Pandemic and the once in a century cold snap (Winter Storm Uri) brought some new laws to the State of Texas. I have selected a handful of those which you may find interesting. HOUSE BILL 1927 …
By Ron Holmes – For reasons I cannot explain, our real estate practice is on fire. During and for some time after the Pandemic, we continued to see steady activity in what I call “meat and potato” transactions (sales, acquisitions, and development in the under $30 million category) and, of course, strong activity in Lease/Financing …
by Ron Holmes The Fourth Quarter of 2020 was, shall we say, interesting. Our bigger transactions were on COVID-19 pause, while our meat and potato transactions proceeded as almost normal. Some sectors (e.g. self-storage, industrial and multi-family) remained active while others (e.g. retail) came to a near halt. What will 2021 bring? My crystal ball …
Update Note: Read Ron’s October 2021 article on Federal mandates here. By Ron Holmes You might be surprised to know that the States have had the authority since 1905 to mandate vaccinations for its citizens as a proper exercise of the police power to protect the public health. Jacobson v. Massachusetts, US Supreme Court, 1905. …
by Ron Holmes – The ten-person group limit on outdoor gatherings applies… maybe Some time ago, Governor Abbott issued Executive Order GA-28 (the “Order”) imposing a ten-person group limit on outdoor gatherings. On August 1, 2020 the Attorney General’s office issued an informal legal opinion that the ten person limitation on outdoor gatherings applies to …
by Ron Holmes There is no doubt, at least from our perspective, the COVID-19 pause is taking its toll on commercial real estate development. The exceptions appear to be single-family lot development and single-family residential construction, both of which continue at a strong pace. I expect the pause to continue until the capital markets rebound …
by Ron Holmes – As I sit and ponder the legal fallout of COVID-19, several gnarly legal issues float through my brain (and, as it turns out, those of other legal ponderers). Below, I will address on a broad basis three of my favorites. Impossibility of Performance as a Defense Performance of a contract may …
by Ron Holmes In making a PPP application, the applicant certifies that the applicant in good faith believes there is an economic necessity for the funds. There have not been any definitive guidelines on what constitutes “economic necessity.” As we had hoped (expected would be too strong a word), the SBA has now provided guidance. …
Business Expenses Paid with PPP Loan Funds May Not Be Deductible On April 30, 2020, the IRS issued Notice 2020-32 which provides that business expenses otherwise deductible will not be deductible if the Payroll Protection Program (PPP) loan used to pay such expenses is partially or completely forgiven. This makes business planning even more difficult. …