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
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
In a unanimous decision, the U.S. Supreme Court recently ruled that a non-signatory to an agreement requiring arbitration for disputes might be able to compel arbitration under state law equitable estoppel arguments. The...more
6/15/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
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
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
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
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
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
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
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
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
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
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