Business Organization, Construction Law, Commercial Law & Contracts

Business Interruption Insurance

by Peter Bauman - Senior Associate at Tharpe &... on 5/16/2013

Business Interruption Insurance Business Interruption Insurance (“BII”) is a form of commercial insurance coverage that provides limited but useful protection when a business is unable to continue normal operations or occupy...more

Maryland's appellate courts preserve the corporate shield against efforts to pierce the corporate veil

by Thomas Valkenet on 2/22/2013

Maryland remains one of the toughest jurisdictions for plaintiffs seeking to pierce the corporate veil and impose personal liability on corporate owners for contract debts. Maryland has long recognized an equitable claim to...more

The Expansive Breadth and Scope of Arizona’s New Revised Uniform Arbitration Act

by Richard Herold, Benjamin Reeves | Snell & Wilmer L.L.P. on 1/18/2013

Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more

NJ Appellate Division Decision Highlights Gaps in Existing LLC Law in New Jersey and Importance of Having an Operating Agreement

by Kevin O'Connor on 1/3/2013

In my prior blogs I’ve addressed the importance of having an operating agreement for any business owner operating as a limited liability company (“LLC”), and have also covered the recent legislative changes in New Jersey with...more

Sweeping Changes to New Jersey’s LLC Law

by Kevin O'Connor on 12/19/2012

The members of any New Jersey company that is currently operating as a limited liability company (“LLC”) should endeavor to fully understand the impact of a law enacted in September 2012, the Revised Uniform Limited Liability...more

Officer Liability for Bank Losses: The Jury Speaks

by John F. Libby, Harold P. Reichwald | Manatt, Phelps & Phillips, LLP on 12/12/2012

Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for $168 million in losses in construction loans suffered by the...more

Duty Of An Insurer To Defend An Additional Insured

by Peter Bauman - Senior Associate at Tharpe &... on 12/10/2012

Many commercial contracts require the seller to maintain insurance against stated risks and also requires that the purchaser be named an additional insured under the seller’s insurance policies. This typically requires that...more

Employee Burnout

by Peter Bauman - Senior Associate at Tharpe &... on 12/10/2012

Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention. In the rush to...more

Retroactive Revival Of Liability By Legislation

by Robert Freedman - Partner at Tharpe & Howell,... on 11/28/2012

The US Supreme Court sometimes makes news by refusing to hear cases, not by taking them. That was certainly the case on May 29, 2012 when the Supreme Court declined to hear a case in which Minnesota’s high court upheld state...more

Developers May Require That Construction Defect Disputes Be Resolved Through Arbitration

by Meredith Jones-McKeown | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

The California Supreme Court recently ruled that developers – by including an arbitration provision under the Federal Arbitration Act (FAA) in Homeowners’ Association Covenants, Conditions and Restrictions (“CC&R’s”) – may...more

Construction Insurance Rates Rise

by Robert Freedman - Partner at Tharpe & Howell,... on 11/19/2012

Construction companies need experienced insurance attorneys to guide them now more than ever. That’s because the market for construction-related commercial general liability (CGL) insurance, and umbrella and excess liability...more

FTC Green Marketing Guides

by Peter Bauman - Senior Associate at Tharpe &... on 11/2/2012

The Federal Trade Commission (“FTC”) announced the release of revised “Green Guides” on October 1, 2012. The Green Guides are intended to help marketers avoid making misleading environmental claims. The Green Guides are...more

Retroactive Revival Of Liability By Legislation

by Peter Bauman - Senior Associate at Tharpe &... on 10/23/2012

The US Supreme Court sometimes makes news by refusing to hear cases, not by taking them. That was certainly the case on May 29, 2012 when the Supreme Court declined to hear a case in which Minnesota’s high court upheld state...more

New Jersey Appeals Court Finds Contractor Personally Liable For Fraud In Failing To Pay Subcontractor

by Lowenstein Sandler LLP on 9/18/2012

The New Jersey Appellate Division recently issued an unpublished opinion involving the false certification by the principal of a general contractor of payments to a subcontractor. The ramifications of that conduct should be...more

California Supreme Court Enforces Arbitration Provision in Construction Defect Case

by Snell & Wilmer L.L.P. on 9/14/2012

In our December 2011 Under Construction newsletter, we reported on the tendency of certain California courts to decline to enforce arbitration provisions in construction defect cases. See Arbitration in California...more

2012 Workers Compensation Reform In California

by Peter Bauman - Senior Associate at Tharpe &... on 9/12/2012

Workers Compensation reform is on the way. Cynics might ask, didn’t we do this several years ago? Yes we did. In the late 1990’s, overutilization of medical services, higher-than-normal indemnity benefit costs, and...more

Corporate Sustainability and Social Entrepreneurship

by Peter Bauman - Senior Associate at Tharpe &... on 8/28/2012

Corporate sustainability and social entrepreneurship are the driving forces behind an increasing number of business decisions made on a daily basis. They represent a growing trend that melds traditional corporate purpose,...more

New Penalties For Misclassifying An Employee As An Independent Contractor

by Robert Freedman - Partner at Tharpe & Howell,... on 8/28/2012

Senate Bill 459 went into effect on January 1, 2012 and imposes increased penalties against any employer in California who willfully misclassifies an employee as an “independent contractor”. Willful misclassification is...more

Legal Update: California Supreme Court Recognizes Enforceability of Mandatory Arbitration Clause Recorded in CC&Rs in Construction...

by Miller Starr Regalia on 8/21/2012

The California Supreme Court has issued its long anticipated decision in Pinnacle Museum Tower Association v. Pinnacle Market Development (U.S.), LLC, et al. The Court upheld a condominium developer’s ability to enforce a...more