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Changes To Buy American Policies

Strengthening Buy American statutes have been a rare area of bipartisan agreement in the current fractured political climate. In the final days of the Trump Administration, the Department of Defense (“DOD”), General Services...more

European Court of Justice Invalidates Privacy Shield and Holds Standard Data Protection Clauses to Be Valid (maybe!)

The Court of Justice of the European Union (ECJ) recently declared that the EU-U.S. Privacy Shield, used by thousands of businesses to transfer personal data between the EU and U.S., was invalid. [Case C-311/18, Data...more

Washington State Legalizes Use of Facial Recognition by Government Agencies

On March 31, 2020, Washington became the first state in the U.S. with a law governing the use of Facial Recognition Services (FRS). The new law, which takes effect on July 1, 2021, is aimed at facilitating the use of FRS by...more

Developer is Not Indemnified for its Own Conduct Without an Express Agreement in the Indemnification Clause

In a case where the jury found both the Architect and the Developer separately responsible for Plaintiff’s damages, an Appellate Division of the New Jersey Superior Court recently held that the Developer is not entitled to be...more

Wake-up call for Cybersecurity in the Construction Industry: Contractor Falls Victim to Cyber Attack

The Wall Street Journal recently reported that cyber-attacks by foreign governments into the nation’s electric grid are utilizing what it called "the system’s unprotected underbelly," the contractors and subcontractors that...more

Construction Contractors Used as Unwitting Launching Pads for Cyberattacks on Utilities

The Wall Street Journal recently reported that cyberattacks by foreign governments into the nation’s electric grid are utilizing what it called "the system’s unprotected underbelly," the contractors and subcontractors that...more

The Miller Act Applies Even if Contract Does Not Contain a Bonding Requirement

United States Court of Appeals for the Federal Circuit recently held, in K-Con, Inc. v. Secretary of Army, that the bonding requirements under the Miller Act apply to federal government construction contracts, even when the...more

Third Parties in Construction Arbitration Cases can be Compelled to Produce Documents

Contrary to what many construction contractors and owners may believe, construction arbitration often involves substantial document production. This may include production of documents from third parties not directly...more

Subcontractor Not Required to Conduct Active Investigation to Show Justifiable Reliance in Miller Act Fraudulent Inducement Case

The United States Court of Appeals for the Fifth Circuit recently held that federal contract law does not require active investigation by a subcontractor to demonstrate justifiable reliance relating to a fraudulent inducement...more

Arbitration Clause Survives Termination of Work Order

A California Corporation, Swinerton Builders, Inc. ("Swinerton"), entered into a Master Services Agreement (MSA) with a West Virginia company, March-Westin Company, Inc. ("March-Westin"), for March-Westin to provide timber...more

Court Applies Abstention Doctrine to Dismiss Petition to Confirm Arbitration Award

The abstention doctrine allows a federal district court to stay or dismiss a case properly before it for reasons of "wise judicial administration." The US District Court for the District of Rhode Island recently applied this...more

Buy America Policies Proposed for Rolling Stock Under FAST Act

The Federal Transit Administration (FTA) has proposed new policies on the applicability of the Buy America provisions in the Fixing America’s Surface Transportation (FAST) Act. Under the proposed policies, the Buy America...more

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