Resources

The Financial Crimes Enforcement Network (“FinCEN”) has been busy the past several weeks with its rollout of the impending Corporate Transparency Act (“CTA”) reporting requirements (beginning January 1, 2024). It published a Small Entity Compliance Guide, which contains helpful information and checklists for businesses to determine if they are a reporting company, identify beneficial owners…

The federal Corporate Transparency Act (“CTA”) and related regulations will impose significant reporting obligations on many businesses owned and operated in Alaska.[1] Businesses should start analyzing how they will be impacted by the CTA. The CTA was enacted in 2021 and compliance obligations commence January 1, 2024. The CTA’s goal is to enable law enforcement…

On January 5, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that would make non-compete agreements between an employer and worker (paid or unpaid) an unfair trade practice in most circumstances. The FTC cites Section 5 of the Federal Trade Commission Act as the source of authority for the proposed rule;…

For the past 20 years, attorneys at Landye Bennett Blumstein have presented the Alaska Native Case Law Update at the Alaska Bar Association’s annual Alaska Native Law Conference. The Update provides summaries and analysis of important cases from the past year that are of particular interest to Alaska Native Corporations and Alaska Tribes. The cases…

On September 30, 2022, the Financial Crimes Enforcement Network (FinCEN) issued a final rule implementing the federal Corporate Transparency Act’s (CTA) reporting requirements. The  CTA implements sweeping changes in corporate law reporting. The CTA applies to all entities that are created by filing a document with a secretary of state or other similar office of…

Commercial real estate buyers who skimp on due diligence cannot shift liability for that mistake to their seller, according to a December 2021 opinion from the Alaska Supreme Court. In Gavora, Inc. v. City of Fairbanks, the Court ruled unanimously that the seller of a Fairbanks shopping mall had no duty to disclose the environmental…

Read the Order Granting Bristol Bay Native Corporation’s Motion for Summary Judgment [Case Motion #1].

The U.S. Department of the Interior (“Interior”) will replace names for 28 geographic sites in the Alaska that contain the word “squaw.” The 28 Alaska sites are among 660 sites nationwide identified in a February 23 notice from Interior’s Derogatory Names Task Force to be renamed. The notice follows a November 2021 order from Interior Secretary…

New rules proposed by the U.S. Department of the Interior eliminate certain obligations of federal officials to notify local Alaska Native villages and tribes when burial sites and related objects are found on federal land. The federal Native American Graves Protection and Repatriation Act (“NAGPRA”) is the keystone of protection for Native American remains and…

On June 25, 2021, the U.S. Supreme Court confirmed Alaska Native Corporations’ (ANCs) eligibility to receive CARES Act coronavirus relief funds when it determined that ANCs meet the Act’s definition of “Indian tribe.” This outcome preserves ANCs’ status and ability to participate in government contracting and compacting and provide programs and services to Alaska Natives….

A recent development in the saga of trust land acquisitions expresses the Department of Interior’s (the Department) intention to green-light pending and future requests for trust acquisitions in Alaska. Earlier this year, on the last day of the outgoing Trump Administration, then-Solicitor of Interior Daniel Jorjani issued a memorandum (the “Jorjani Opinion”) permanently withdrawing a…

In the final hours of the Trump Administration, the Solicitor of the Department of the Interior (“the Department”) issued new agency guidance reversing the Department’s position on the authority of the Secretary of the Department (“the Secretary”) to take land into trust in Alaska.

The Alaska Supreme Court recently issued an opinion in Ahmasuk interpreting Alaska’s proxy solicitation regulations. While the Alaska Supreme Court has on multiple occasions addressed misleading proxy statements and solicitations, it has never interpreted the regulations defining what constitutes a proxy solicitation.

In March 2020, the Building Owners and Managers Association (BOMA), a leading developer of floor measurement standards, published an updated standard for measuring industrial space, ANSI/BOMA Z65.2-2019. The first major change to the Industrial Standard since 2012, the 2019 Industrial Standard addresses rising demand for logistics and distribution space, including space for e-commerce and flex…

In 2003, the Alaska Legislature attempted to eliminate the ability of bad faith squatters to acquire title to land by significantly narrowing the circumstances under which a person can establish title to land by adverse possession.[1] Prior to 2003, good faith was not necessary: continuous, open and notorious, exclusive, and hostile possession of the land…

In October 2017, the Building Owners and Managers Association (BOMA) published a new standard for measuring office space, ANSI/BOMA Z65.1-2017. The first major change to the Office Standard since 1996, the 2017 Office Standard is designed to address changing building designs and amenity trends. Rentable square footage will generally increase under the new standard, as…

With the recent uptick in Lower 48 retail franchises making their way to Alaska, both landlords and those looking to become tenant franchisees will find themselves negotiating their lease arrangement with a third party. No, it’s not the tenant’s lender or the landlord’s lender, although each of those parties may find their way to the…

Shareholders occasionally ask to see records of a corporation, such as minutes of meetings, financial statements, internal management reports and shareholder lists. The Alaska Supreme Court recently issued a decision in Pederson v. Arctic Slope Regional Corporation that addresses many aspects of shareholder access to company records.

The U.S. Small Business Administration (SBA) has issued a long-awaited final rule which modifies the limitations on subcontracting requirements for small businesses. The final rule implements certain provisions of the National Defense Authorization Act of 2013 (NDAA). It was published on May 31, 2016, and became effective on June 30, 2016.

On February 23, 2016, the Department of Commerce, Community and Economic Development adopted changes to the state proxy regulations. The proxy regulations apply only to corporations formed pursuant to the Alaska Native Claims Settlement Act. State law requires ANCSA corporations having at least $1 million of assets and 500 or more shareholders to file their proxy statements and other proxy solicitation materials with the Department.

The U.S. Small Business Administration (SBA) has issued a long-awaited final rule establishing a Government-wide mentor-protégé program for all small business concerns, consistent with SBA’s mentor-protégé program for participants in SBA’s 8(a) Business Development (BD) program. The final rule implements certain provisions of the Small Business Jobs Act of 2010 and the National Defense Authorization Act of 2013 (NDAA). It was published on July 25, 2016, and became effective on August 24, 2016.

This paper, Looking Back to Go Forward, addresses the topic “The Alaska Native Claims Settlement Act and The Future of Tribal Jurisdiction in Alaska.” It begins with a brief introduction to ANCSA, turning next to a discussion of Alaska Native nationhood and aboriginal title. It then provides an overview of the three foundational American acts…

Scope and Attachment (including Choice of Law) On June 19, 2001, the Alaska Bar Association Business Law Section and Bankruptcy Section sponsored a continuing legal education presentation called Revisions to Article 9: What You Need to Know. Bob Hume was a member of the faculty. Below are written materials Mr. Hume prepared in connection with…