Termination for Convenience How to Prepare Your Settlement Proposal
Construction Delays in the Time of Coronavirus: A Legal Perspective
In the beginning, there was paper and lots of it. Think stacks of bankers' boxes big enough to make an entire mountain out of. But the all-too-familiar buzz of a dial-up modem ushered in a brave new world for the discovery...more
In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more
This BLOG has previously addressed issues related to proper licensure for contractors and the problems that arise for them if they perform work without a license. We have previously noted that home improvement contractors are...more
Intellectual property (“IP”) development can cost millions of dollars so cost recovery timing can be financially material. General tax principles typically require that expenses associated with creating assets having useful...more
In February 2024, the U.S. Food and Drug Administration (FDA) published its finalized guidance concerning its investigational drug charging regulations (found at 21 C.F.R. § 312.8). These regulations are applicable to...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of March 3-10. Here’s what’s...more
Like the COVID-19 virus, COVID-related contract claims have not gone away. In “Contracting in the Fog of War: Recovering Costs Caused by an Epidemic,” we reported on Pernix Serka Joint Venture v. Department of State, CBCA...more
Cost recovery is the process of law firms apportioning technology and other costs back to their clients. As the creator and leader of eDiscovery managed services, Epiq has gained deep insights into how law firms approach...more
Contribution claims brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are not barred by prior environmental litigation if the property at issue and types of claims brought are...more
In my last blog, I discussed the seminal ruling in Chisholm’s-Village Plaza, LLC v. Travelers Insurance Co., et al.; No. 2:20-cv-00920-JB-KRS, in which the United States District Court for the District of New Mexico analyzed...more
Nearly every government contract has a clause that allows the government to terminate the contract, or a portion of the contract, for convenience (i.e., when the government has determined that it no longer needs the goods or...more
In the newly released Proposed Foreign Tax Credit (FTC) Regulations, Treasury provided some measure of relief on cost recovery and royalty withholding, two of the most troublesome aspects of the Final FTC Regulations that...more
EPA announced today that it is proposing to list PFOA and PFAS as hazardous substances under CERCLA. EPA appears to be sanguine about how the listing will play out in the real world. EPA is focused on holding responsible...more
The Armed Services Board of Contract Appeals (ASBCA), the Civilian Board of Contract Appeals (CBCA), and federal courts have addressed several important claims issues this year. Listen as attorneys from Venable's Government...more
Last month, the Armed Services Board of Contract Appeals held that a public contractor could not recover $100k in construction costs incurred following the government’s decision to close down a base in Tennessee due to...more
The U.S. Supreme Court interpreted the Medicaid Act on June 6, 2022, to permit state Medicaid programs to recover costs for future medical care that has not yet been provided and may never be provided from Medicaid...more
On June 7, 2022, House Bill 698 was introduced in the Ohio House of Representatives. The Bill would amend Ohio’s eminent domain law, Ohio Revised Code Chapter 163, in numerous ways that are favorable to property owners and...more
Idaho has enacted limited changes to the Idaho Patient Act (IPA) that make it somewhat easier for healthcare providers and facilities to jump through the IPA hoops before pursuing collection actions against patients. A copy...more
A United States District Court (N.D. California) (“Court”) addressed in a December 16th opinion issues arising out of a railroad’s lawsuit to recover remediation costs pursuant to the Resource Conservation and Recovery Act...more
Illinois recently passed legislation amending the Freedom to Work Act (the “Act”), following a growing trend of states imposing greater restrictions on employers’ use and enforcement of non-competition and non-solicitation...more
In keeping with the national trend of aggressively pursuing limitations on or prohibitions against non-competition agreements, the State of Colorado recently enacted first-of-its-kind criminal penalties for employers seeking...more
On January 10, 2022, U.S. EPA forwarded to the White House Office of Management and Budget (OMB) a proposed rule that seeks to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous...more
As the year closes and the new one begins, law firm leadership teams start to evaluate the areas of greatest success and determine where there may be room for improvement or growth in the coming year. eDiscovery directors and...more
In its judgment dated 28 July 2021, the BVI Commercial Court, determined both that as matter of jurisdiction, and in the exercise of his discretion he should permit creditors who successfully opposed the making of a...more
In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for...more