Contributed by Suzannah Overholt, June 25, 2019 Illinois recently enacted a Collective Bargaining Freedom Act which bars local governments from establishing right-to-work (RTW) laws or zones. This most recent piece of legislation serves as a timely reminder of the differing responses by states to the right-to-work movement.  Section 14(b) of the National Labor Relations Act […]

Continue Reading

Southern District of Texas Remands Obama WOTUS Rule The U.S. District Court for the Southern District of Texas decided on May 28, 2019, that the Obama-era Clean Water Rule defining waters of the United States (WOTUS Rule), see 80 Fed. Reg. 37,054 (June 29, 2015), must be remanded to the U.S. Environmental Protection Agency and … Continue reading "Federal Water Quality – WOTUS Rule Updates Leave Some States in Flux" The post Federal Water Quality – WOTUS Rule Updates Leave Some States in Flux appeared first on The Energy & Natural Resources Blog.

Continue Reading

QGT attorney Joseph W. Price II has successfully completed the Little Rock Chamber of Commerce’s annual leadership program. The 51 members of Leadership Greater Little Rock Class XXXIV were honored at a graduation luncheon at the DoubleTree Hotel on June 21. Designed to develop a network of skilled leaders, the program informs, educates and trains... Read More The post Joey Price Completes Leadership Greater Little Rock appeared first on Quattlebaum, Grooms and Tull.

Continue Reading

Contributed by Michael Faley, June 19, 2019 The New York Times recently published an article discussing trends in the area of unlawful age discrimination occurring at a time when the U.S. has the lowest unemployment rate in half a century. New York Times writer Patricia Cohen details, how despite a scramble to lure applicants to […]

Continue Reading

Contributed by Jeff Risch, June 18, 2019 Organized labor wasted no time in securing Governor Pritzkers signature on legislation that undoubtedly calls for the Illinois prevailing wage rate to fall in lock step with the area union contracts. Per the new law, now in effect, the prevailing rate of wages paid to individuals covered under […]

Continue Reading

Attorneysseem to beusing the shadow jury (alsocalled a feedback jury or mirror jury)less in recent yearsthan they used to. And thats too bad.Especially whenthe perceived risks of the technique are being given undue weight,scaringsomeclientsaway from one of the most vital... Read More The post Is a Shadow Jury Worth the Risk appeared first on Litigation Insights.

Continue Reading

On September 27, 2018, in Northern Kentucky Area Development District v. Danielle Snyder, the Kentucky Supreme Court held that an employer is prohibited from requiring an employee to enter into an arbitration agreement as a condition of employment within the state. As a result of Snyder, Kentucky became the only state in the nation to prohibit employers from terminating or refusing to hire an individual who would not agree to sign an arbitration agreement. (Jacqueline Pitts, Senate passes bill clarifying Kentucky’s policies on arbitration agreement, KY CHAMBER BOTTOM LINE, (Feb. 21, 2019), https://kychamberbottomline.com/2019/02/21/senate-passes-bill-clarifying-kentuckys-policies-on-arbitration-agreement/

Continue Reading

The Indiana Supreme Court’s recent opinion (“Opinion”) in an annexation case affirming the trial court’s order voiding an annexation ordinance adopted by the Town of Brownsburg (“Brownsburg”) provides guidance to municipalities on the “subdivided” and “reasonably near future” requirements in Indiana’s annexation statutes. The Opinion also clarifies the standards of review by courts regarding annexations. And the Opinion adds to the catalogue of required reading for municipalities seeking to successfully pass and defend annexation ordinances.

Continue Reading

Last month, a California appellate court rejected an insurer's arguments and affirmed a large punitive damages award against the insurer, providing a fresh roadmap for policyholders to obtain such relief when insurers engage in certain bad-faith practices. Mazik v. GEICO General Insurance Company (2019) 35 Cal.App.5th 455 involved a policyholder's claim for the $50,000 limits under his underinsured motorist policy. After a jury found that GEICO had unreasonably delayed paying those limits, it awarded the policyholder $313,508 in compensatory damages and $4 million in punitive damages. The trial court reduced the punitive damages to $1 million, but GEICO appealed, arguing…

Continue Reading

In a short, unpublished opinion, the Ninth Circuit Court of Appeals ruled that an ERISA pension plan administrator should have treated a deceased participant's registered domestic partner as a surviving spouse and granted his claim for survivor benefits. The cased turned on the fact that the pension plan document specifically incorporated California law, which has long required that registered domestic partners be given the same rights, protections, and benefits under law as are granted to spouses. The terms "spouse" and "married" were not defined in the plan document. Under the choice of law provision in the plan document, the plan…

Continue Reading

QGT is proud to once again sponsor the Arkansas Bar Association’s Annual Meeting. The 121st annual meeting, being held June 12-14, 2019, in Hot Springs, Arkansas, provides a diverse array of 40+ hours of continuing legal education addressing issues that impact our state, world, profession and clients. QGT attorney John E. Tull III is serving... Read More The post QGT Sponsors Arkansas Bar Association Annual Meeting appeared first on Quattlebaum, Grooms and Tull.

Continue Reading

Traub Lieberman Straus & Shrewsberry LLP Senior Counsel Adam D. Krauss has just published a new white paper in conjunction with Aspen Re on climate change and its impact on the (re)insurance market. In the piece, titled Climate Change and the … Continue reading →

Continue Reading

By Kyle Dickinson The Northern District of Illinois held earlier this week that disgraced former Illinois state representative Keith Farnahans homeowners insurer is not required to cover Farnahans civil liability for child pornography.  The court reasoned that the injury suffered … Continue reading →

Continue Reading

Water and wastewater utilities around Indiana should take note of several laws passed this most recent legislative session that will impact current practices or institute formal data collection and reporting requirements. Legislators emphasized and sent a clear message prioritizing the collection of key data sets and collaboration amongst Indiana utilities.

Continue Reading

Timothy W. Grooms, J. Cliff McKinney II and Jeb H. Joyce authored the Arkansas chapter for the 2019 Chambers USA Regional Real Estate Guide, a state-by-state guide on the real estate sector.  The guide provides easily accessible information on navigating the legal system when conducting business in various jurisdictions with leading lawyers explaining local law... Read More The post Arkansas Chapter Provided by QGT Attorneys For Real Estate Guide appeared first on Quattlebaum, Grooms and Tull.

Continue Reading

Managing employee leave directly impacts most companies bottom line. While it is challenging enough to navigate the confusing and ever-changing minefield of federal, state, and local laws governing employee leave, that challenge becomes exponentially more difficult for multi-state employers. To make matters worse, even simple missteps can lead to expensive lawsuits where employee-side attorneys can seek their attorneys fees as damages, class actions, and actions by the government. In short, the stakes have never been higher. Join the attorneys of LeClairRyan for this complimentary one-hour webinar as we discuss how companies can mitigate risk when balancing their efforts to control…

Continue Reading

On Friday, May 24, 2019, the Illinois Appellate Court, First District, affirmed a summary judgment ruling in favor of an insurance carrier that a police officer injured during a traffic stop was not using his police cruiser for liability coverage … Continue reading →

Continue Reading

On April 23, 2019, the San Francisco Board of Supervisors unanimously approved the Community Opportunity to Purchase Act (COPA), a policy designed to stabilize communities by preventing displacement and preserving affordable housing. The Mayor signed the legislation on May 3, 2019 and it went into effect on June 2, 2019. The Major's Office of Housing and Community Development (the "City Agency") must, within ninety (90) days of the effective date, promulgate appropriate rules or regulations interpreting and implementing COPA. COPA confers upon certain "Qualified Nonprofits" a first right to purchase real property in San Francisco improved with three or more…

Continue Reading

In a closely-watched case, the Supreme Court unanimously held today that an employer who does not timely raise an employees failure to comply with the EEOCs exhaustion requirements can be held to have waived its right to raise that defense, because the exhaustion requirement is not a jurisdictional prerequisite. In Fort Bend County v. Davis, Fort Bend County waited five years to argue that Lois Davis did not properly pursue her religious-discrimination claim with the EEOC. (During this time, the district court granted Fort Bend Countys motion for summary judgment, but the Fifth Circuit reversed in part, and the Supreme…

Continue Reading

Faced with the large amount of complex information being presented to them in trial, jurorswillinevitably useheuristics mental shortcuts tohelp themkeep up. Sometimes, these shortcuts lead to perfectly reasonablejudgments. Other times, they createdistorted perceptionsand erroneous conclusions. Oneproblematicheuristicis known asHindsight Bias,or... Read More The post How to Use Counterfactuals to Combat (or Leverage) Jurors Hindsight Bias appeared first on Litigation Insights.

Continue Reading

The Ninth Circuit has issued a crushing blow to employers and companies when it decided that recent restrictions on independent contractors would apply retroactively. On May 2, 2019, the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. decided that the ruling in Dynamex Operations West, Inc. v. Superior Court should be applied retroactively. The Dynamex decision made it more difficult for a California employer to classify a worker as an independent contractor unless it met a strict "ABC test." Employers are required to prove that a worker is (A) free from the control and direction of the company in…

Continue Reading

If you run a small business, chances are you have not spent much time thinking about whistleblowers and whistleblower protection.  Many high-profile whistleblower cases involve sounding the alarm on fraud and government contracts, but government contractors are not the only ones who need to understand whistleblower laws.  Virtually any employee "who blows the whistle" on unlawful activity is entitled to protections.  There are a number of state and federal whistleblower protection laws, but OSHA oversees a large swath of these protections. What Whistleblower Laws does OSHA EnforceOSHA's mandate is broad.  OSHA will oversee whistleblower claims relating to workplace safety or…

Continue Reading

Each year employers with 100 or more employees, or employers who are federal contractors with 50 or more employees, must file an EEO-1 Report with the Equal Employment Opportunity Commission. (EEOC). Until recently, the EEOC only sought information regarding employees race, ethnicity, and gender by job category. In 2016, the Obama Administration proposed requiring employers to provide certain pay data. Before employers were required to provide that information, the Trump Administration attempted to take steps to roll back the new requirement. A federal District Court, however, disapproved of those efforts and has recently held that covered employers are to produce…

Continue Reading

Humor is a funny thing. A joke that works so well out of one persons mouth can crash and burn out of anothers. That same joke cancause hysterical laughterin one situation andgroans ofannoyanceorgasps ofaffrontin another. Content, person,delivery,circumstance, audienceits a tough... Read More The post Does Humor Have a Place in the Courtroom appeared first on Litigation Insights.

Continue Reading

On April 10, 2019, President Trump signed an executive order that alters how Section 401 review is performed under the Clean Water Act (CWA). Currently, applicants must seek State authorization of a project pursuant to Section 401 of the CWA from the State in which the project is located.Section 401 delegates federal authority to the … Continue reading "Executive Order Will Impact Clean Water Act Permitting Process" The post Executive Order Will Impact Clean Water Act Permitting Process appeared first on The Energy & Natural Resources Blog.

Continue Reading

On April 17, 2019, the Internal Revenue Service (IRS) released a new set of highly anticipated proposed regulations for Opportunity Zones. The newly released set of proposed regulations provides additional guidance and addresses issues that were brought to the attention of the IRS after ...

Continue Reading

The UNM Law School Chapter of the Federalist Society will host a talk on “Overcriminalization and the First Step Act” on Thursday, April 18, at 12 noon, in Room 2401 at the law school. The speakers will be Vikrant Reddy, … Continue reading →

Continue Reading

Intellectual Property attorney Drew Wilson details the difficulties of ongoing IP conflicts between major brands and somewhat underground edibles manufacturers. The article was originally published in the April edition of Los Angeles Lawyer Magazine. Read the full article by clicking here. The post Cap’n Crunch vs. Kap’n Kronik appeared first on The Intellectual Property Blog.

Continue Reading

Kent Bevanpublished a story in USLAW Magazine entitled, “When the Driver is a Computer: Addressing Auto Insurance Issues Surrounding Autonomous Vehicles.” “Driverless cars and autonomous vehiclesare a common sight in futuristic sciencefiction movies, but now theyre becoming apart of present-day … Continue reading →

Continue Reading

On March 25, 2019 the Commissioner of the New Jersey Department of Environmental Protection (“NJDEP”) issued a Statewide Directive, Information Request and Notice to Insurers (“Directive”) putting eight entities on notice due to the NJDEP’s belief that these companies are ...

Continue Reading

Trademark and IP litigation attorney Michael McCue shares his thoughts on the growth and importance of IP-related legal services in Nevada with Nevada Business Magazine. Read the full article by clicking here. The post Protecting Your Intellectual Property – Law Practices Booming appeared first on The Intellectual Property Blog.

Continue Reading

On March 28, 2019, the Arizona Supreme Court filed a decision in the case, City of Surprise v. Arizona Corp. Commn, No. CV-18-0137-SA, that addressed the Arizona Corporation Commissions jurisdiction in cases in which a public service corporation is being condemned by a municipality. In late 2017, the City of Surprise (City) entered into a … Continue reading "Arizona Supreme Court Clarifies Jurisdiction of Arizona Corporation Commission" The post Arizona Supreme Court Clarifies Jurisdiction of Arizona Corporation Commission appeared first on The Energy & Natural Resources Blog.

Continue Reading

Lee Brumitt delivers a presentation to the American Society of Professional Estimators, “Dealing with Change and Delay on Construction Projects.”

Continue Reading

Continued enforcement actions occurred yesterday against two separate unlicensed cannabis businesses in Sacramento, Davis and Los Angeles. Police in Davis assisted the Department of Consumer Affairs Division of Investigation Cannabis Enforcement Unit to serve search warrants on an unlicensed cannabis delivery service with locations in Sacramento and Davis. Over $850,000 in cannabis products was seized as a result. Meanwhile, the Los Angeles Sherriffs Department also assisted in serving a search warrant on an unlicensed cannabis retailer in Los Angeles. This resulted in the seizure of nearly $440,000 in cannabis products. Continuing to operate unlicensed is simply not worth it.…

Continue Reading

In a recent column for Corporate Compliance Insights, LeClairRyan attorney Thomas C. Regan discusses litigation revolving around allegations that a supervisor failed to properly respond to sexual harassment of an employee by a non-employee. Tom provides insight to help employers understand their potential liability and avoid getting ensnared in similar situations: “The #MeToo movement has hammered home for employers the critical importance of keeping sexual harassment out of the workplace. However, a recent federal court case underscores how sexual harassment can occur in ways that defy what many employers might think of as the typical pattern. The ruling by the…

Continue Reading

Employers now have two additional months to file their EEO-1 report. As a result of the federal government shut down, the U.S. Equal Employment Opportunity Commission (EEOC) has extended the deadline. Employers must file EEO-1 forms for 2018 by May 31, 2019 rather than the usual March 31 due date. Private employers that have at least 100 employees are required to file EEO-1 survey annually with the EEOC. Federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in contracts must file as well. The EEO-1 Report is a compliance survey mandated by federal statute…

Continue Reading

According to this story in the Albuquerque Journal, Governor Lujan Grisham has appointed Albuquerque lawyer Zachary Ives to the vacant seat on the New Mexico Court of Appeals. Mr. Ives received his law degree from UNM, and clerked for the … Continue reading →

Continue Reading

Last week, Governor Lujan Grisham appointed District Judges Shannon Bacon and David Thomson to fill the two vacant seats on the New Mexico Supreme Court. Judge Bacon is on the Second Judicial District Court in Albuquerque. According to this story … Continue reading →

Continue Reading

(Movie trailer voiceover): Imagine a legal world where the outcome of a motion depends on what side of the street the case was filed. For parties litigating certain types of cases in the District of Columbia, this bizarre worldis unfortunatelyall too real. In the DC Superior Court, which partially sits on C Street in Northwest DC, a party can invoke the D.C. anti-SLAPP statute to respond to a lawsuit that arises from an act in furtherance of the right of advocacy on issues of public interest. Thats what Christopher Steele and Orbis Business did last year, successfully obtaining dismissal of…

Continue Reading

Lee Brumittpresented to the Kansas City Chapter of the National Association for Women in Construction on January 14. The presentation entitled Preserving and Advancing Contractors Payment Rights focused on federal, Missouri, and Kansas law and discussed tools and best practices … Continue reading →

Continue Reading

By James Eastham In its decision in Youell v. Cincinnati Ins. Co. 2018 WL 6816772 (Ind. Ct. App. Dec. 28, 2018), the Indiana Court of Appeals  ruled on the issue of whether a Landlords insurer has the right via subrogation … Continue reading →

Continue Reading

In these early days of the new year, I thought it would be useful to take a look back at the 2018 decisions, developments, and discussions involving the DC anti-SLAPP statute, as they will continue to impact this area of the law in 2019 and beyond. The Door to Federal Court Remains Closed Without question, the most significant issue continues to be the unavailability of the statute in DC federal court. Multiple parties have argued the DC Circuits Abbas decision (in which that court held the statute was unavailable in federal court because the likelihood of success standard (which the…

Continue Reading

Traub Lieberman is pleased to announce the addition of three insurance coverage attorneys to the firms Chicago office. The additions include Dana A. Rice, Adam P. Joffe, and Abigail M. Afridi. All three attorneys join the firm from Hinshaw & Culbertson … Continue reading →

Continue Reading

In 2015, when the DC Circuit held the D.C. anti-SLAPP statute conflicts with the Federal Rules of Civil Procedure, and thus could not apply in a federal court diversity case, it became the first federal Court of Appeals to so hold. Now there are two. First, some background. The Ninth Circuit has long held that anti-SLAPP statutes can be applied in federal court. Although several of the judges on that court have suggested it should revisit its prior holding, a majority of judges on the court have resisted this plea; as such, it remains the case that anti-SLAPP statutes can…

Continue Reading

Our 12/11 webinar, Pay Equity: What’s in Your Payroll, is now available in archived form here. Thank you to those who joined us yesterday — we look forward to offering more soon.

Continue Reading

For winter sport enthusiasts and hikers alike, a goal only a few accomplish, involves the will, training and drive to reach the South Pole. This beautiful but strenuous 700-plus mile journey through white-out conditions, limited resources and pulling ones own weight in supplies to survive, is a feat. This winter, Eric Larsen will try to … Continue reading "Adventurer Strives to Break World Record in Upcoming Trek to South Pole" The post Adventurer Strives to Break World Record in Upcoming Trek to South Pole appeared first on The Sports & Outdoor Recreation Blog.

Continue Reading

On November 9, 2018, in Arista Networks, Inc. v. Cisco Systems, Inc., the Federal Circuit held that assignor estoppel does not apply in inter partes review (IPR) proceedings.In this case, a former employee of Cisco Systems, Inc. (Cisco), who had assigned his invention as patented (U.S. Patent No. 7,340,597 – the 597 patent) to Cisco, … Continue reading "Federal Circuit Decision: Assignor Estoppel Has No Place in IPR Proceedings" The post Federal Circuit Decision: Assignor Estoppel Has No Place in IPR Proceedings appeared first on The Intellectual Property Blog.

Continue Reading

The results of the 2018 general election are in the books for 318 contested races. A total of 2,578,358 Colorado voters returned ballots (813,079 Republicans, 848,493 Democrats and 877,066 Unaffiliated). We want to take a moment to give you a brief update on where things stand now, and what it will mean for the state … Continue reading "Colorado 2018 General Election Recap" The post Colorado 2018 General Election Recap appeared first on The Sports & Outdoor Recreation Blog.

Continue Reading

The U.S. Small Business Associations loan guaranty program has gone through a number of changes in recent years. The current rule became effective January 1, 2018,and supersedes changes described in my blog postings in December 2014and 2016. A franchisor that wants its franchisees to be able to obtain SBA-backed loans to finance their franchised businesses must be listed on the SBA Franchise Directory.The directory, which is maintained on the SBAs website, shows to franchisees and lending banks the franchise systems that qualify for SBA-backed lending. To be listed on the SBA Franchise Directory, a franchisor must submit to the SBA…

Continue Reading

By: Jeremy S. Macklin In Reynolds Ventures, Inc. v. Scottsdale Ins. Co., 2018 U.S. Dist. LEXIS 150508 (M.D. Fla., Sept. 5, 2018), the U.S. District Court for the Middle District of Florida held that a surplus lines insurer who acts … Continue reading →

Continue Reading

Last week, Colorado and seven other states (Montana, North Carolina, Oregon, Utah, Vermont, Washington, and Wyoming) signed the Confluence Accords a treaty of sorts that commits the signors to various efforts to grow the outdoor recreation economy. The agreement dictates that the states adopt common principles aimed at: public education and promotion of the … Continue reading "States Team Up to Support and Protect the Outdoors and the $900 Billion Industry It Creates" The post States Team Up to Support and Protect the Outdoors and the $900 Billion Industry It Creates appeared first on The Sports & Outdoor Recreation…

Continue Reading

Here is an interesting article from the Washington Post that highlights a growing legal issue in the drone world. Drone flight is illegal over NFL stadiums, but enforcement is almost impossible. Technologies exist to mitigate or interfere with drone use. But, whether such anti-drone technologies are legal is extremely dubious in the current legal environment. […]

Continue Reading

The U.S. House of Representatives announced, at the end of last month, passage of the 2018 FAA Reauthorization Act by an overwhelming majority: 393 to 13. The Act includes a host of provisions relevant to the drone industry and in particular opens the door to an easier future for drone delivery programs. Lost in much […]

Continue Reading

The US Department of Transportation released the list of sites to test drone delivery and nighttime flightpart of the Trump administrations express goal of promoting a variety of commercial operations for drones that are currently barred by FAA Rules. San Diego is one of ten sites chosen across the countrythe only in Californiaand will focus […]

Continue Reading

Consider Adding Trademark Classes to Aid Enforcement of Brand Identity In trademark law, marks come in two distinct flavors: trademarks that are used to identify the source of tangible products, and service marks that identify the source of services. As one example, colleges are in the business of providing education and commonly obtain federal service … Continue reading "Could Your Service Mark Someday Appear on a Branded Product" The post Could Your Service Mark Someday Appear on a Branded Product appeared first on The Fashion Intellectual Property Blog.

Continue Reading

In performing the likelihood of confusion analysis between a registered trademark and an applied for mark, the Trademark Trial and Appeal Board (the Board) considers a range of factors known as the du Pont factors. One of the factors upon which a case can turn is the similarity of the two relevant marks. When comparing … Continue reading "Third-Party Registrations and Uses for Marks Similar to the Cited Registered Trademark Are Again Deemed Insufficient to Carry the Day" The post Third-Party Registrations and Uses for Marks Similar to the Cited Registered Trademark Are Again Deemed Insufficient to Carry the Day…

Continue Reading

That was the question the Trademark Trial and Appeal Board (the Board) sought to answer in the application proceedings of In re Don Calder. In this case, the trademark applicant sought to register the mark CALIFORNIA REPUBLIC (with CALIFORNIA disclaimed) for various clothing goods, including shoes, pants, jeans, shorts, hats, jackets, and belts in International … Continue reading "Does the Standard Word Mark CALIFORNIA REPUBLIC Create a Likelihood of Confusion with a Registered Mark Incorporating the Words “REPUBLIK of KALIFORNIA”" The post Does the Standard Word Mark CALIFORNIA REPUBLIC Create a Likelihood of Confusion with a Registered Mark Incorporating the…

Continue Reading

A multi-unit franchise owner can structure its operations in a number of ways, but one approach in particular often makes a lot of sense: a developer entity that acts as the parent company for the individual franchise locations. First some background. Many franchisors seek out franchisees who want to open three or more units. One approach is to sign a development agreement in which the developer commits to open an agreed-upon number of franchise units in a defined territory over a specified period. In exchange, the franchisor agrees not to open a company-owned unit or to grant a franchise to…

Continue Reading

Walt Disney (Disney) suffered a loss last week in an adverse employment action based on its use of information in consumer reports as part of its employment screening process. The plaintiffs have alleged that they were injured when inaccurate credit reporting information, which they had no opportunity to challenge or correct, became a factor in … Continue reading Los Angeles Judge Elects Generalized Common Issue to Justify Class Certification →

Continue Reading

A franchisor selling franchises in the U.S. must disclose its audited financial statements in Item 21 of the franchise disclosure document (FDD). Sometimes, parent company financials are used instead of the franchisors financials. This is easily done when the parent company is a public company that already has audited financials. But most franchisors are not public companies. They are not likely to have parent company audited financials and would prefer not to incur the added expense of auditing a group of companies rather than just the franchisor entity. Audits are expensive. The franchisor may also want to shield its parent…

Continue Reading

On November 11, 2016, the Standing Committee of the National People’s Congress promulgated the “Internet Security Law of the People ‘s Republic of China” commonly referred to as the “Cybersecurity Law of China.” Unlike the EU’s General Data Protection Regulation (GDPR) which gave businesses two years to prepare, the new law becomes implemented June 1, … Continue reading China Enacts Data Privacy Law Under Guise of Cybersecurity →

Continue Reading

On March 17, 2017, the Department of Industrial Relations (DIR) submitted Budget Trailer Bill 502. Budget Trailer Bill 502 would provide changes to the existing contractor registration requirements, as well as changes to the requirement for agencies to provide the DIR with notice of pending public works projects, as initially required by SB 854. SB… Continue Reading The post Budget Trailer Bill 502 would expand DIR fines and agency notice requirements appeared first on Infrastructure Law Blog.

Continue Reading

In McGill v. Citibank, N.A.,No., S224086 (Cal. Apr. 6, 1017), the California Supreme Court recently held that pre-dispute arbitration agreements that purport to waive the remedy of injunctive relief under California consumer statutes that have the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public in any forum, are … Continue reading Court: Arbitration Agreements That Waive Injunctive Relief Under CA Consumer Statutes Are Unenforceable →

Continue Reading

A new bill, AB 851, was introduced in the California legislature on February 16 that would expand the scope of the design-build authority currently available to local agencies. If adopted, AB 851 would amend Public Contract Code sections 22161 to expand the definition of special districts that can utilize the design-build authority under Public Contract… Continue Reading The post New bill would expand design-build authority for local agencies appeared first on Infrastructure Law Blog.

Continue Reading

This article by Griff Palmer in the NY Times Business Day section examines three P3 projects in the US, and compares the promises with some of the disappointments. The article provides a good overview of the significant issues that must be considered in order for a P3 to be successful for all concerned. https://www.nytimes.com/2016/12/24/business/dealbook/private-equity-water.htmlemc=edit_ta_20161224&nlid=51116999&ref=cta&_r=0  … Continue Reading The post Are P3s the answer to our infrastructure needs NYT article raises concerns. appeared first on Infrastructure Law Blog.

Continue Reading

ANALYSIS/OPINION: The Little Sisters of the Poor and the government have filed their final briefs in the longstanding tussle over the administrations contraception mandate. The briefs respond to a highly unusual order from theSupreme Court, issued days after the oral arguments, which asks the parties to consider again whether the government can improve access to The post The threadbare case against Little Sisters of the Poor appeared first on Lewis Roca Rothgerber Christie - Religious Liberty Archive & Blog.

Continue Reading

The lawyers are looking at it. That, in so many words, has been the response given by Secretary of State John Kerry and the White House every time they have been pressed on whether the State Department will call the Islamic States war on religious minorities genocide. Kerry faces a congressionally mandated deadline on Thursday The post Call ISIL’s religious war what it is: Genocide appeared first on Lewis Roca Rothgerber Christie - Religious Liberty Archive & Blog.

Continue Reading

Christians across the Middle East are suffering and dying for their faith, and the United States government has called it a genocide. Here are four ways you, your family, and your church can help. [NOTE: This post originally appeared at the Mystery of Faith Blogand is reprinted here with permission. LRRC attorneys Martin Nussbaum and The post Genocide Against Christians (And How the Church Can Help) appeared first on Lewis Roca Rothgerber Christie - Religious Liberty Archive & Blog.

Continue Reading

Consumers Insurance Company provided underinsured motorist (UIM) coverage to Bradford Charles. Charles was subsequently injured in a motor vehicle accident with Christina Ranum. Charles attorney subsequently made a UIM claim on the Consumers UIM policy. Initially, Consumers denied UIM coverage, but subsequently determined that there may be UIM coverage under its policy. After Consumers initial [...]

Continue Reading

On January 21, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced through the Federal Register a study that examined (1) whether Police Accident Reports provide sufficient, consistent, and reliable information to support crash weighting determinations, (2) whether a crash weighting determination process would offer an even stronger predictor of carrier crash risk than the [...]

Continue Reading

On December 30, 2014, Gov. Quinn signed SB 1342 into law as P.A. 98-1142 (720 ILCS 5/14-1 et seq.); the measure puts new eavesdropping restrictions into place after the Illinois Supreme Court threw out the previous eavesdropping law last March. As a result of the March court ruling, all Illinois residents had absolutely no expectation [...]

Continue Reading

Fidelity and Deposit Company of Maryland v. Bondwriter Southwest (Ct. Appeals, Div. One, July 28, 2011)   Fidelity sued Bondwriter for breach of contract and negligence, after Bondwriter delivered unapproved bonds to a contractor. An agency agreement authorized Bondwriter to solicit applications for surety bonds on Fidelity's behalf. The agreement limited Bondwriter's authority to those transactions that Fidelity specifically authorized. In one transaction, Bondwriter mistakenly delivered a bond to a contractor before Fidelity had authorized the bond. When Bondwriter employees realized their mistake, they were unable to retrieve the original bond before the contractor made copies of the bond and…

Continue Reading

Cohen v. Maricopa County (Ct. Appeals, Div. One, August 16, 2011)   A man was involuntarily held in a hospital because he was a danger to self due to depression and repeated drug overdose. After inpatient treatment was completed, he was discharged from the hospital to begin court-ordered outpatient treatment with ValueOptions, the company that contracts with the State. While undergoing outpatient treatment, the man was found passed out with the drug Soma in his pocket. The man was medically cleared at the scene, but taken to an urgent care facility run by Meta Services pursuant to a subcontract with…

Continue Reading

The Association of Defense Trial Attorneys (ADTA) has recently selected Don Myles for membership to their organization.Don Myles has been a Partner with Jones, Skelton & Hochuli since 1987, and concentrates his practice on insurance coverage, bad faith and professional liability. He is admitted to practice in all state and federal courts in Arizona as well as the Ninth and Tenth Circuit Courts of Appeal, and the United States Supreme Court.Myles is the past President of the Arizona Association of Defense Counsel (AADC) and the USLAW Network. He is currently Senior Vice President for the Federation of Defense and Corporate…

Continue Reading

Jones, Skelton & Hochuli, PLC is pleased to announce Phillip Stanfields selection to the American Board of Trial Advocates (ABOTA). Stanfield is the ninth lawyer from JSH to receive this distinction.Mr. Stanfield joined Jones, Skelton & Hochuli in 1987, and has been a Partner since 2003. His practice is almost exclusively devoted to the defense of transportation clients.The general purposes of the American Board of Trial Advocates is to foster improvement in the ethical and technical standards of practice in the field of advocacy to the end that individual litigants may receive more effective representation and the general public be…

Continue Reading

Mark D. Zukowski was recently accepted into the National Academy of Distinguished Neutrals (NADN).  NADN is a national association whose membership consists of mediators and arbitrators distinguished by their hands-on experience in the field of civil and commercial conflict resolution.  Mark is one of only 21 attorneys and former judges who have been recognized as Charter Members of the Arizona Chapter.  Parties can visit the Chapter website at www.NADN.org/arizona to schedule, at no administrative cost, mediations with Mark by having direct access to his availability calendar.

Continue Reading

In a landmark decision, the California Supreme Court held today that a plaintiff cannot obtain medical expense damages based on his billed medical charges, because the plaintiff was not damaged in that amount.  Howell v. Hamilton Meats & Provisions, Inc. (Cal. Supreme Court, Aug. 18, 2011).  The Court held that the plaintiff could recover only the amount of medical expenses actually paid on her behalf.  The Court said:  We hold no such recovery is allowed, for the simple reason that the injured plaintiff did not suffer any economic loss in that amount."   Plaintiff Rebecca Howell was seriously injured in…

Continue Reading