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May 27th, 2022

Delaware Court of Chancery Issues Ambitious Opinion Synthesizing LIHTC Exit-Dispute Caselaw, Finds General Partner Did Not Breach Duties by Allowing Below-Market Right of First Refusal Over Limited Partner’s Objection

It has been an eventful month for observers of Low-Income Housing Tax Credit (LIHTC) exit-dispute litigation. As discussed in our last post, the Sixth Circuit…

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May 19th, 2022

Sixth Circuit Weighs in on LIHTC Rights of First Refusal, Holds That General Partners Can Self-Trigger Below-Market Purchase Rights Held by Not-For-Profit Affiliates

The Sixth Circuit became the first federal appellate court to interpret a right of first refusal (ROFR) granted under the federal Low-Income Housing Tax Credit…

April 28th, 2022

Is the Arbitration Provision in Your Employee Handbook Enforceable? Fourth Circuit Invalidates ‘Illusory’ Arbitration Agreement Based on Catch-All Employee Acknowledgement Page

Employers who prefer to arbitrate employment-related disputes should take note of a recent Fourth Circuit decision concerning the enforceability of arbitration agreements that are incorporated…

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April 22nd, 2022

So You Want to Sue the Government: A Brief Introduction to Business-Related Civil Claims Against the United States

You are considering a business-related lawsuit against the federal government. Maybe the Treasury Department denied a meritorious grant application. Maybe a regulatory body is arbitrarily…