Resources

The attorneys at Landye Bennett Blumstein regularly post 'knowledge base' articles related to their respective areas of expertise, as well as pertinent trending topics.

Corporate Transparency Act Enforcement Enjoined Nationwide

12/5/2024 Alexander J. KubitzBusiness Law, Corporate and Business Organization Law, Real Estate Development and Transactions

The U.S. District Court for the Eastern District of Texas in the case Tex. Top Cop Shop, Inc. v. Garland, Civil Action No. 4:24-CV-478 (E.D. Tex. Dec. 3, 2024) issued a nationwide preliminary injunction on the enforcement of the reporting requirements of the Corporate Transparency Act (CTA) and related regulations. The court determined the law…

2024 Alaska Native Case Law Update

10/24/2024 Anna Chapman Crary, Andy Erickson, Jackson Morawski, Noah Star, River E.M. Sterne, Ryan J. ThomasAlaska Native Law, Corporate and Tribal

On October 9, 2024, Partner Anna C. Crary presented the 2024 Alaska Native Case Law Update at the 40th Annual Alaska Native Law Conference held in Anchorage, Alaska. Read the full 2024 Alaska Native Case Law Update. The annual Alaska Native Case Law Update offers summaries and analysis of important cases from the past year…

2023 Alaska Native Case Law Update

10/8/2024 Anna Chapman Crary, Andy Erickson, Noah Star, River E.M. SterneAlaska Native Law, Corporate and Tribal

The annual Alaska Native Case Law Update offers summaries and analysis of important cases from the past year that are of particular relevance to Alaska Native Corporations and Alaska Tribes. This update inspires discussion at the Alaska Bar Association’s annual Alaska Native Law Conference where attorneys examine developments in Alaska Native law and track changes…

Transferring Charter Halibut Permits (CHPs) under the Charter Halibut Limited Access Program in Southeast and Southcentral Alaska: A Primer

8/5/2024 Lauren Sommer BoskofskyEnvironment and Natural Resources, Fisheries Law

By Lauren Sommer Boskofsky, partner and Jed Ullrich, summer associate Recreational halibut fisheries in Alaska are managed jointly by the International Pacific Halibut Commission (IPHC), the North Pacific Fishery Management Council (Council), and the National Marine Fisheries Service (NMFS), an agency under the National Oceanic and Atmospheric Administration (NOAA). The IPHC sets the overall total allowable…

Corporate Transparency Act – A Flurry of Activity

9/29/2023 Alexander J. Kubitz, Lauren Sommer BoskofskyBusiness Law, Corporate and Business Organization Law, Real Estate Development and Transactions

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…

Ready or Not: Corporate Transparency Act Compliance is Coming

5/22/2023 Alexander J. Kubitz, Lauren Sommer BoskofskyBusiness Law, Corporate and Business Organization Law, Real Estate Development and Transactions

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…

FinCEN Issues Final Rules for the Corporate Transparency Act Reporting Requirements – Significant Changes Coming to Corporate Reporting for Alaska Companies

9/30/2022 Alexander J. Kubitz, Lauren Sommer BoskofskyBusiness Law, Real Estate Development and Transactions

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…

Proposed Changes Put Alaska Native Burial and Cultural Sites at Risk

10/6/2021 Benjamin W. SpiessAlaska Native Law, Corporate and Tribal

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…

United States Supreme Court Upholds Alaska Native Corporations’ Eligibility for Coronavirus Relief Funds

7/8/2021 Alaska Native Law, Corporate and Tribal

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….

New Solicitor’s Opinion Affirms Authority of Interior Secretary to Make Trust Acquisitions in Alaska

5/11/2021 Alaska Native Law, Corporate and Tribal

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…

Alaska Supreme Court Clarifies What Constitutes a Proxy Solicitation in Ahmasuk Decision

2/3/2021 Alexander J. KubitzAlaska Native Law, Corporate and Tribal, Corporate and Business Organization Law

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.

New BOMA Industrial Standard of Measurement

6/16/2020 Benjamin W. SpiessReal Estate Development and Transactions

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…

Recent Developments in Alaska’s Adverse Possession Law

1/28/2018 Alexander J. Kubitz, Lauren Sommer BoskofskyReal Estate Development and Transactions

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…

Amendment of ANCSA Proxy Regulations

7/10/2017 Robert H. Hume, Jr.Alaska Native Law, Corporate and Tribal

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.

SBA Issues Final Rule Expanding Small Business Mentor Protégé Programs

7/10/2017 Business Law

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.

Looking Back to Go Forward: The Alaska Native Claims Settlement Act and The Future of Tribal Jurisdiction in Alaska

12/31/2016 Alaska Native Law, Corporate and Tribal

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…