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The Ninth Circuit Raises Pleading Standards for FLSA Plaintiffs

The U.S. Court of Appeals for the Ninth Circuit makes pleading Fair Labor Standards Act (FLSA) violations more difficult by applying the heightened standard in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft...more

11/21/2014 - Employer Liability Issues FLSA Minimum Wage Pleading Standards Twombly/Iqbal Pleading Standard Unpaid Overtime

Legal Alert: Supreme Court of Texas Finds Contractors Cannot Recover Delay Damages for Negligent Misrepresentation Against an...

On June 20, Texas joined a number of states that apply the economic loss rule to damages claims arising from negligent misrepresentation between contractors and the owner’s architect. In LAN/STV v. Martin K. Eby Construction...more

6/24/2014 - Contractors Damages Delays Economic Loss Doctrine Negligent Misrepresentation

Congress Passes Water Resources Bill Encouraging Public-Private Partnerships for Water Supply and Treatment Construction Projects

Water infrastructure projects across the nation may soon have access to innovative financing programs and increased public-private partnership (P3) opportunities. House Bill 3080 (2013) or the Water Resources Reform and...more

5/26/2014 - EPA Infrastructure Obama Administration Public-Private Partnerships TIFIA US Army Corps of Engineers Water Infrastructure Finance and Innovation Act WIFIA WRRDA

Obama Issues Executive Order and Presidential Memorandum Concerning Equal Pay Initiatives for Federal Contractors

Yesterday, President Obama issued an Executive Order and Presidential Memorandum intended to address equal pay for women. The Executive Order prohibits federal contractors from retaliating against an applicant or employee...more

4/9/2014 - Equal Pay Executive Orders Federal Contractors OFCCP Retaliation Wage and Hour Wages

Public-Private Partnership Bill Passes Georgia Senate to Pave Way for Widespread P3 in Georgia

Georgia may soon join the growing ranks of states with broad enabling legislation for all forms of public-private partnerships (or P3). Senate Bill 255 (2013) passed the Georgia State Senate on Monday, February 24, 2014, by a...more

2/27/2014 - Infrastructure P3s Public-Private Partnerships

Judicial Review of Government Contractor Suspensions

In recent years, the U.S. government has exercised enhanced scrutiny over federal contractors through, among other things, the increased use of its suspension and debarment remedies – fueled in part by reports of contractor...more

1/29/2014 - Affiliates COFC Defense Logistics Agency Department of Defense Federal Acquisition Regulations Federal Contractors Fraud and Abuse Suspensions & Debarments U.S. Navy

Texas Supreme Court Rules CGL Policy’s “Contractual Liability" Exclusion Does Not Bar Coverage for Claims Arising From...

On January 17, 2014, the Supreme Court of Texas rejected a commercial general liability (“CGL”) insurer’s attempt to invoke the “contractual liability” exclusion to deny coverage under a standard CGL policy regarding a...more

1/22/2014 - Breach of Contract Commercial General Liability Policies Construction Contracts Construction Defects Construction Disputes

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