Construction law is NOT boring, at least that’s what I tell my daughters. In these series of posts, I will explore some of the VERY interesting historical facts about construction law that can be used at your next motion hearing, family gathering, social event or fellow lawyer meeting. While these anecdotes may not keep your kids or significant others from rolling their eyes, hopefully they can provide a small respite from your (yes, I admit) sometimes boring life in construction law ...
Bradley attorneys Aaron Chastain, Lee Gilley, Riley Key, Jonathan Kolodziej, and Robert Maddox authored Chapter 11: Debt Collection Practices in the publication of Consumer Finance Law: Understanding Consumer Financial Services Regulations. A global pandemic, ensuing economic decline, and mandated changes from the Dodd-Frank Act have provided greater challenges and opportunities in the consumer markets resulting in rapid change in the regulatory environment for businesses ...
It behooves construction professionals, be they materials manufacturers, general contractors, or lower-tier subcontractors, to carry some form of commercial general liability insurance (“CGL Insurance”). Having such coverage alleviates some of the potential risk and financial exposure a construction professional carries on a particular project. That is, of course, unless the construction professional gets sued and the insurer refuses to pay ...
No one can escape the basic rules of contracting, even the federal government. If the contract is clear and unambiguous, then the four corners of the agreement set the rules for the project and the parties – and there’s not much room for interpretation. The government was recently reminded of this cold, hard truth after it refused to grant a contractor an equitable adjustment of the contract price for purchasing wetland mitigation credits. In Kiewit Infrastructure W. Co. v ...
To the average person, what constitutes an “accident” is likely clear. If someone trips and falls—in most instances, it would be considered an accident. If someone bumps her head getting out of a car—it’s probably just an accident. And if someone were to drop something heavy onto his foot—it would likely be deemed a careless accident ...
A Fourth Circuit ruling in a False Claims Act case has created a 4-4 circuit split over the issue of the act’s knowledge requirement, Bradley partner Elisha Kobre explains. This makes the issue ripe for the US Supreme Court, where a ruling on whether an objective or subjective standard should apply will resonate in FCA litigation for years, he says. The US Court of Appeals for the Fourth Circuit’s en banc decision Sept ...
Michigan has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims for property damage allegedly caused by the defective work of a subcontractor ...
Even in virus-free times, the world of labor laws and employment regulations is at best confusing to an employer, and at worst, overwhelming. Adding the stress of emergency paid sick leave, ever-evolving unemployment qualifications, and shelter-in-place orders is enough to make any boss’s head spin. Business owners want to keep their employees healthy and safe. They also want to operate in a way that at least garners enough income to keep the doors open ...
First and foremost, our collective priority is, and should remain, human health and safety. As local, state, and federal government take action to help limit the spread of COVID-19, we are monitoring the rapid developments of this fast-moving news cycle and COVID-19’s impacts on renewable energy markets. Many open questions remain regarding the impact of COVID-19 in North Carolina – particularly the impact on businesses ...
You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the Florida sheriff who reportedly instructed his employees not to wear masks in the office. If a visitor entered Sheriff Billy Wood’s offce with a mask, they were reportedly instructed to remove it ...
You’ve been to the webinars about COVID-19. You’ve read the trade publication tips. You’ve implemented measures to protect your workers. You’re ahead of the game, right? Well, you’re certainly ahead of the sheriff who reportedly instructed his employees not to wear masks in the office. If a visitor enters Sheriff Billy Wood’s office with a mask, she or he will be instructed to remove it ...
Following the August 8, 2020 Presidential Memorandum directing the Treasury Secretary to defer the withholding, deposit, and payment of certain payroll taxes, the Internal Revenue Service released Notice 2020-65 late Friday, August 28. The brief notice gives necessary but sparse guidance on implementing the Presidential Memorandum. We expect (and hope for) further guidance soon ...
With employers reopening fully and employees returning to the workplace from the pandemic, there has been a steady flow of challenges -- both legal filings and political and public opposition -- by individuals opposing mandatory requirements from employers and institutions to be vaccinated in order to return to work or school, subject to certain legal requirements under the ADA and valid religious objections ...
Join our Bankruptcy and Creditors’ Rights team and special guests Karlene Archer from Karlene Archer Law and Andrea Cobery, Vice President and Assistant General Counsel at U.S. Bank, for a discussion of bankruptcy servicing best practices in the time of the coronavirus. We will offer legal insights and practical guidance related to providing notice of forbearance plans in bankruptcy courts ...
Below is a link to the recording of the COVID-19 Webinar Series: Business Continuity Planning, as well as a corresponding PowerPoint presentation. For more information, visit www.bradley.com/coronavirus. This webpage addresses specific concerns and questions related to the impact of the coronavirus including some common Q&As, attorney-authored content on how the coronavirus may impact you or your business, and links to helpful online resources ...
On April 10, 2020 the Department of Health and Human Services distributed the first $30 billion in healthcare relief funds. On April 22, HHS followed by allocating another $40 billion in relief funds. These funds will provide much needed assistance to healthcare providers absorbing costs and suffering losses due to the COVID-19 pandemic ...
In a significant move for mortgage servicers and mortgage loan borrowers impacted by the COVID-19 pandemic, the CFPB issued an interim final rule this week that will, among other things, enable servicers to offer a payment deferral option ...
Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers ...
Since the coronavirus pandemic began, the volume of counterfeit goods produced by Chinese manufacturers appears to be on the rise again. While counterfeit goods have been a challenge that online retailers have been fighting for years, the risk has become greater in the COVID-19 era when more consumers are turning to online shopping. Counterfeit goods result in lost revenue and reputational harm to retailers ...
Cryptocurrency, blockchain technology and fintech companies are well experienced in dealing with legal and regulatory issues that are unique, unprecedented and global. While usually creative and oriented to solving problems, even the most flexible of teams are stretched with the onslaught of issues unfolding in the wake of COVID-19 ...
A panel of Bradley labor and employment and cybersecurity attorneys discuss coronavirus-related issues facing employers, including: How should you talk with your employees about the rapidly changing situation with the coronavirus and what it means for them as employees? What are the wage and hour, benefits and data security issues implicated by employees working remotely? What are the options for maintaining or reducing your workforce when the coronavirus results in supply chain int
Does your organization’s insurance program provide any protection from the economic disruption caused by the novel coronavirus pandemic? What steps should you take to assess and protect that insurance coverage? The Bradley Policyholder Insurance Coverage team has provided an informative webinar addressing insurance coverage and claims adjustment for event cancellation, business interruption, and third-party claims stemming from the pandemic ...
In the wake of COVID-19, cities, counties and states across the nation are issuing “shelter in place” orders to curb nonessential movement of residents, and companies around the world are moving to a remote work system. This webinar focuses on IT, cybersecurity, and privacy issues that may impact businesses that are located in “shelter-in-place” jurisdictions ...
Please join Bradley, Graham & Co., and the Peoples Bank of Alabama for a live webinar addressing key questions our clients are asking about navigating the impact of the coronavirus (COVID-19) on the Commercial Real Estate and Lending market in 2020 and beyond ...
COVID-19's impact on contract performance looms large over business and industries across the globe. This presentation will address whether and how COVID-19 operates contractually as a force majeure event in the US and key foreign markets including Canada, Mexico, Asia, Europe and Australia ...
