Hark! A recent Alabama Supreme Court indemnity decision, Mobile Infirmary Association v. Quest Diagnostics Clinical Laboratories, may require you to retrieve your drafting pen. Although not a case involving a construction dispute, Mobile Infirmary does address a key component of
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When Is “Yours” Not Yours? Pennsylvania Superior Court Interprets “Your Computer” Definition in Commercial Property Policy
Sometimes defining the simplest phrases proves anything but simple. So learned the insurer in a property loss and bad faith case brought by its insured and decided earlier this year by the Pennsylvania Superior Court (Watchword Worldwide v. Erie Ins.…
No. 7 OSHA Can Issue Citations for Unsafe Work Conditions That Do Not Violate Any Specific OSHA Standard
Many employers have a false notion that OSHA cannot issue a citation if there is no specific standard violated.
The reality is, however, that OSHA has a catchall/gap filler provision that allows it to cite an employer even if no…
Whistleblower Language in Separation Agreements Results in Large Settlements with SEC
On September 9, 2024, the Securities and Exchange Commission (SEC) announced settlements with seven public companies relating to their use of separation agreements that the SEC says violate whistleblower protection rules by preventing the employees from claiming any monetary reward…
Recent EEOC Activity and What to Watch For
In recent weeks, the EEOC has filed a number of lawsuits on behalf of individuals, alleging a range of employment claims. Here, we provide a brief overview of those lawsuits and the issues that may be on the EEOC’s mind.…
Mistake No. 7 of the Top 10 Horrible, No-Good Mistakes Construction Lawyers Make: Not Paying Attention to Your Arbitrator or Judge During a Hearing
I have practiced law for 40 years with the vast majority as a “construction” lawyer. I have seen great… and bad… construction lawyering, both when representing a party and when serving over 300 times as a mediator or arbitrator in…
Senate Proposal Would Closely Regulate, Not Ban Most Hemp Products
During this time of great tension and competition between the marijuana and hemp industries, it is refreshing to see efforts at compromise. The initial draft of the Cannabinoid Safety and Regulation Act, proposed last week by Oregon Sen. Ron Wyden,…
Preserving Business Value in High-Net-Worth Divorces: The Mutual Benefits of Adopting a Win-Win Approach
Entrepreneurs are incredibly devoted to the success of their business, but even a thriving company may be severely impacted by a high conflict marital divorce. When a couple decides to part ways, the ripple effects can extend beyond their personal…
South Carolina Clears Path for Hemp Beverages
It’s hard to be surprised when you’ve been writing and talking about government decisions about the cannabis industry over the past decade. But I’ll admit that my eyebrows raised when I read a recent letter from the solicitor general of…
CFPB Submits Proposed Order Banning Navient from Federal Student Loan Servicing and Orders the Company to Pay $120 Million for Wide-Ranging Student Lending Failures
On September 12, 2024, the Consumer Financial Protection Bureau (CFPB) filed a stipulated proposed order in its suit against the student loan servicer Navient, formerly known as Sallie Mae. If entered, the order will resolve the claims in the CFPB’s…