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De-Risking Renewable Energy Projects: Identifying and Avoiding Contractual, Economic, Legal, and Regulatory Pitfalls [Video]

The world’s renewable energy grew by 50% to 510 gigawatts (GW) in 2023, the 22nd year in a row that renewable capacity additions set a record, according to figures from the recent IEA Report of January 2024. The Inflation...more

8 Key Takeaways - Ethics of Claim Handling – From Before They Arise Until Their Resolution

Kilpatrick’s Brian Gaudet recently participated in a panel of industry thought leaders at the 36th annual prestigious “Construction Super Conference.” The panelists discussed the practical and ethical issues that arise when...more

5 Key Takeaways | The Lawyer’s Obligations to Ethical Conduct and Professionalism in Negotiations and Mediations [Video]

Kathleen Barton, Brian Gaudet, and David Zacks recently participated in a panel at the annual Susan A. Cahoon Annual Ethics and Professionalism Seminar hosted by Kilpatrick Townsend. The panel discussed how a lawyer’s...more

4/6/2023  /  Legal Ethics , Mediation , Negotiations

5 Key Takeaways - The Lawyer’s Obligations to Ethical Conduct and Professionalism in Negotiations and Mediations

Kilpatrick Townsend’s Brian Gaudet and Katie Barton and David Zacks of Zacks Resolution recently participated in a panel at the annual Susan A. Cahoon Annual Ethics and Professionalism Seminar hosted by Kilpatrick Townsend....more

8 Key Takeaways | Hot Topics in Construction Contracting [Video]

Partner Brian Gaudet recently presented on “Hot Topics in Construction Contracting” at the Association of Corporate Counsel Houston Chapter Meeting. With the continuing impact of Covid-19, the supply chain crunch, world...more

8 Key Takeaways - Hot Topics in Construction Contracting

Kilpatrick Townsend Partner Brian Gaudet recently presented on “Hot Topics in Construction Contracting” at the Association of Corporate Counsel Houston Chapter Meeting. With the continuing impact of Covid-19, the supply chain...more

Beware International Laws and Conventions

In the decision, McDonnel Group, LLC v. Great Lakes Insurance SE, UK Branch. No. 18-30817, 2019 WL 2082905, (5th Cir. May 13, 2019), the Fifth Circuit held that federal law favoring the enforceability of arbitration in...more

Top 5 Takeaways from Texas Lien Law Changes

Over the last decade of helping the AGC Houston Chapter with their mission of educating construction professionals in the Houston market, I always remind those who attend our lien classes that the Texas Legislature meets...more

The Future of Mediation by Video Conference

There are two significant ways in which mediation by video conference will change construction law and both are a function of removing the need to travel. First, video conferencing allows more people to attend a mediation...more

10 Key Takeaways - Considerations for Construction and Design Contracts

Whether your company is about to upsize, downsize, relocate, or reconfigure its space, there is a good chance there is a construction project in your company’s future. During the Association of Corporate Counsel Houston...more

8 Key Takeaways - Public-Private Partnerships: Opportunities & Challenges for the Construction Industry

A group of industry leaders recently came together as a panel to discuss “Public-Private Partnerships: Opportunities & Challenges for the Construction Industry.” This event, presented by the Construction Litigation Committee...more

Try Med-Arb as an Alternative to the Typical Alternative Dispute Resolution

An alternative to traditional alternative dispute resolution called med-arb, a combination of mediation and arbitration, should be strongly considered in small and uncomplicated cases. Originally published as a part of the...more

Should I Skip an Opening/Joint Session in a Construction Mediation?

Mediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement. Originally published as a part...more

Support Historically Underutilized Businesses to Grow Your Construction Practice

Those beginning their construction law career should be a focus on three things: (1) finding a mentor; (2) learning the trade (the law, construction, being practical); and, (3) developing relationships in the construction...more

Off the Radar Construction Law Jobs

Assuming on-campus interviews for the summer clerkship programs did not yield the job you were looking for, or you are disenchanted with the type of law you are practicing, where do you look for a construction-law related...more

Limitations on Contractors Advocating for their Client’s Insurance Coverage

A recent case out of the Supreme Court of Iowa (33 Carpenters Construction, Inc. v. State Farm Life and Casualty Company) reminds us that roofing cases related to insured losses bear some additional consideration in advising...more

Virtual Perspectives: Muting Audio and Video

Muting Audio and Video - It is critical that the participating attorney as well as all witnesses and client representatives be hyper-focused on appropriate muting of audio and video when doing virtual events. Back when...more

Virtual Perspectives: Background and Lighting

Background and Lighting - Lawyers need to consider whether items appearing in the background could potentially affect how someone feels about the speaker. Back when things were “normal,” mediations, depositions,...more

Virtual Perspectives: Platform Assistant

Platform Assistant - Try using an associate, paralegal, or other assistant to help the presenting lawyer with the virtual process. When considering a virtual mediation, hearing, deposition, or arbitration, we advise...more

Virtual Perspectives: Screen Real Estate

Screen Real Estate - How to maximize your odds when preparing for your first virtual mediation, hearing, deposition, or arbitration. When preparing for your first virtual mediation, hearing, deposition, or arbitration...more

5 Key Trends - AI Application Examination

What does examination of an AI application typically look like? Kilpatrick Townsend’s Kate Gaudry and Leron Vandsburger offer five key trends... ...more

Texas Law: Repair and Remodeling Contracts after a Natural Disaster

Given the recent tropical systems that have hit Texas including Laura and Beta (who still has not departed), there will undoubtedly be a need for disaster remediation contractors to address some of the damage recently caused....more

[Webinar] Mediations, Depositions and Arbitrations by Video Conferencing - September 2nd, 1:00 pm ET

This CLE webinar will discuss some of the technology considerations for mediations, depositions, arbitrations, and court hearings by video conferencing as well as the practical issues that our attorneys have faced...more

10 Key Takeaways - Leading Through a Crisis: Contractual Implications

On May 8, Kilpatrick Townsend’s Brian Gaudet an attorney on the firm’s Construction & Infrastructure Team, participated in the panel discussion “Leading Through a Crisis: Contractual Implications I Covid-19 Pandemic.” The...more

Blockchain and Smart Contracts May Solve the Unsolvable Problem in Construction

Every construction project, from contract negotiation through the payment of the final pay application, suffers from the same conundrum born out of every parties' desire for certainty and finality. That problem is the issue...more

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