Construction Law Today : Construction Lawyer & Attorney : Joshua Glazov : Design Build Contracts, Construction Bankruptcy

Construction Law Musings publisher and Richmond, Virginia construction lawyer Chris Hill recently granted me the honor of writing a guest post about the EPA's new lead paint Renovation, Repair and Painting Rule (PDF) at his blog. 

Compliance with this rule is critical for anyone doing renovation, repair, or painting work on a building built before 1978, especially if it's a home, school, or commercial facility likely to be frequented by children six and under (e.g., day care).  So head over to Construction Law Musings for the lead paint guest post.  Then stick around a while.  Browse the many other good things Chris has there and subscribe to Construction Law Musings.

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In our quarterly newsletter yesterday, my firm published When the FDIC Takes Over a Failed Bank: Business Pitfalls and Opportunities.  It's a brief introduction to how the FDIC taking over a bank affects:

• The failed bank's borrowers (including owners with construction loans and design professionals and contractors with revolving lines of credit)
   
• The customers of those borrowers
   
• The businesses who buy loans from the receivership estates of failed banks   

The newsletter also includes additional articles that will interest you too, among them:

• Landlords in the Lurch: Tips for Discouraging Tenant Defaults
   
• Finding Optimism in the Private Equity and Venture Capital Markets
   
• Health Care Reform: Where Do We Go from Here?
   
• The New Art of Selling (Without Selling)

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When the Federal Deposit Insurance Corporation (the “FDIC”) becomes the receiver for a failed bank, there’s usually a lot of lawsuits by, and against, the bank pending in state court. And there's often post-Appointment Date lawsuits filed in state court against the FDIC as receiver too.  Under Section 9(b)(2) of the Federal Deposit Insurance Act (the "FDI Act"), also known as 12 U.S.C. §1219(b)(2) (the “removal statute”), the FDIC may remove (i.e., transfer) most of those cases from state to federal court.

Most FDIC Cases are Eligible for Removal

With limited exception, under the removal statute, any case where the FDIC is a party is considered to arise under federal law.  And the FDIC may remove lawsuits arising under federal law to federal court.

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