Read Commercial Law & Contracts updates, alerts, news, and analysis from leading lawyers and law firms:
Crime Novelist Wins $51 Million From Accounting Firm
Greenberger: Derivatives Legislation Would Seriously Weaken Dodd-Frank
Colombia Battles U.S. Investors for $17 Billion Treasure
Lessons Learned from the Parker Drilling DPA and Ralph Lauren NPA
Lessons Learned from the BizJet Executives FCPA Enforcement Actions
The Growing Role of Social Media in Litigation and How to Prepare for It
Weekly Brief: 78% of Law Schools Ignore ABA Rule
Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners
Attorney Tim Hyland: Why the District Court for the Eastern District of Virginia is Good for Plaintiffs
New Happy Birthday Song, Copyright-Free
Precise Contingency Drafting
Legal Fallout of an Armstrong Confession
Will Congress' Dodd-Frank Mistake Harm Banks?
4 Things to Know About Michigan’s New Right-to-Work Laws
The New SEC Conflict Minerals Rule: Overcoming the Challenges of Compliance
Stealth Lawyer: Alex Patterson, CCO of Tough Mudder
Opinion Release 12-02-Travel for Foreign Governmental Officials Under the FCPA
Weekly Brief: BoA Sued; SCOTUS Shortlists; Fund Fights Argentina
Opinion Release 12-01-Is a Royal Family Member a Foreign Official under the FCPA
Authenticity in your Compliance Program
In our last Alert, we assessed the philosophy of the NEC Engineering and Construction Contract (“NEC3”) against the FIDIC Conditions of Contract for EPC/Turnkey Projects (“FIDIC Silver”), with a view to...more
A new law will soon go into effect in Florida that will impact anyone doing business with design professionals in that state. ...more
The Engineering and Construction Contract (NEC3) and FIDIC Conditions of Contract for EPC/Turnkey Projects (FIDIC Silver) are both popular standard forms of engineering and construction contract, used on a variety of projects...more
Construction contractors and subcontractors, as well as commercial policyholders generally, will wish to take note of a recent Supreme Court of Minnesota decision that lends insight into the scope of...more
In This Issue:
- The Emperor’s New Economic Loss Rule
- The Architect's Role in the Construction Project
- USCIS Introduces New Form I-9
- Considering Construction Delivery Methods on Public Works
In a recent case, the Georgia Court of Appeals reaffirmed that, in most instances, a contractor’s or materialmen’s lien may only be asserted against “whatever interest his employer had in the property at the time the work was...more
The recent severe winter weather left behind legal and financial problems even deeper than the snow. But it may also have presented you with resources for help that you weren't previously aware of. Businesses may wish to act...more
Originally published in the Journal of the American College of Construction Lawyers Volume 7, Number 1, in Winter of 2013.
There are certain indisputable benets of commercial arbitration: knowledgeable trier of fact,...more
The National Labor Relations Act (NLRA or Act) allows employers, including those in the construction industry, to join together to bargain with a union. This is called "multi-employer bargaining." But there are specific rules...more
A court of appeals recently held that an indemnity agreement between an operator and a contractor placed the burden on the contractor to indemnify the operator for the operator's third-party indemnity obligations that arose...more
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
The same tools and practices that help technology users maintain and administer their computer systems in an efficient and confidential manner may also be used improperly to spoil digital data and other evidence that is...more
It is well-established that general contractors are responsible for their subcontractors’ compliance with Davis-Bacon. Nevertheless, we frequently encounter situations where the general contractor has failed to comply with...more
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
A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through...more
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
The Federal Reserve Board has taken information provided by all twelve of the Federal Reserve Districts as of May 25, 2012, and put all this data together in one Summary of Commentary on where our economy is at right now. ...more
The Washington State Court of Appeals affirmed a summary judgment dismissal of a lawsuit filed by a landowner’s contractor’s employee for personal injuries that the plaintiff allegedly sustained while working on a...more
Triangle Grading and Paving is a Triad-area company with multiple public contracts, 18 since 2000 from the NC Department of Transportation alone. Frequently the low bidder, Triangle Grading has a long history of performing...more
As we discussed yesterday, CH2M was held liable in negligence for the accidental death and other injuries sustained by workers at the Spokane wastewater treatment facility. Today, a few take-away lessons for design...more
The collective bargaining agreement between Local 32BJ of the Service Employees International Union and the Realty Advisory Board on Labor Relations, Inc. ("RAB"), covering many landlords, building cleaning and contractors,...more
Under the National Labor Relations Act (NLRA or labor law), employers engaged in the building and construction industry are privileged to enter into a limited type of collective bargaining relationship with labor unions,...more
On November 29, 2011, Mayor Michael Nutter signed Executive Order No. 15-11, which provides, effective immediately, that the City of Philadelphia may incorporate into its instructions to bidders, and other relevant bid...more
California's Sixth Appellate District recently issued a decision upholding an employer's right to modify the compensation terms of an at-will employment agreement where the employee never made a written protest to the...more
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