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Archive by tag: WilliamsReturn

NLRB Proposed Election Rule Presents Significant Changes to Election Procedures

On August 12, the National Labor Relations Board (the Board) published a Notice of Proposed Rulemaking to modify three parts of its election procedures. This rulemaking would amend the Board’s blocking charge policy, voluntary recognition bar rule...By: White and Williams LLP
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White and Williams LLP | Aug 15,2019 |

Delaware Trial Court Interprets Coverage Under a D&O Policy to Include an Appraisal Action as a Securities Claim

Delaware courts have established rules of construction for interpreting insurance policies. Among the most basic of these rules is that clear and unequivocal policy language will be given its plain meaning; and if the language is at all ambiguous,...By: White and Williams LLP
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White and Williams LLP | Aug 14,2019 |

Superior Court Addresses Whether the Plaintiff Is the “Master of the Claim” in Post-Tincher Decision

Since the Supreme Court of Pennsylvania decided Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), parties proceeding in product liability cases in Pennsylvania often disagree about jury instructions. In Davis v. Volkswagen Grp. of Am., No. 1405...By: White and Williams LLP
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White and Williams LLP | Aug 10,2019 |

Lead/OSHA Enforcement: Frenchtown, New Jersey Painting/Wall Covering Contractor Proposed to be Assessed Penalty for Alleged Violations

The United States Occupational Safety and Health Administration (“OSHA”) issued a July 24th news release stating that it had cited Scots Christopher Rule, LLC (“SCR”) for alleged violations involving the renovation and remodeling of a worksite in...By: Mitchell, Williams, Selig, Gates & Woodyard,
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IRS Reduces Affordability Requirement for Employers’ Healthcare Coverage

Employers subject to the Affordable Care Act’s employer mandate (generally, those with 50 or more full-time equivalents) are required to offer qualifying, affordable health insurance coverage to substantially all full-time employees in order to avoid...By: White and Williams LLP
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White and Williams LLP | Aug 07,2019 |

Asbestos Enforcement: Arkansas Department of Environmental Quality and Contractor Associated with Demolishment of Marked Tree, Arkansas Facility Structure Enter into Consent Administrative Order

The Arkansas Department of Environmental Quality (“ADEQ”) and Michelle’s Excavating, Inc. (“MEI”) entered into a Consent Administrative Order (“CAO”) addressing alleged violations of Arkansas Pollution Control and Ecology Commission Regulation 21...By: Mitchell, Williams, Selig, Gates & Woodyard,
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Recent Third Circuit OSHA Decision Sounds Alarm for Employers and Their Officers

The Third Circuit Court of Appeals recently issued an opinion that should serve as a warning not only to employers, but to their corporate officers. The case against Altor, Inc., a New Jersey-based construction company, began in 2012 when the...By: White and Williams LLP
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White and Williams LLP | Aug 02,2019 |

New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

In PJR Construction of N.J. v. Valley Forge Insurance Company, 2019 U.S. Dist. LEXIS 127973 (D.N.J. July 31, 2019) (PJR Construction), a New Jersey federal court held that the “j.(5)” “Ongoing Operations Exclusion” applied to bar coverage for...By: White and Williams LLP
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White and Williams LLP | Aug 01,2019 |

Cybersecurity and Legal Due Diligence Considerations in M&A Transactions

When prospective buyers conduct legal due diligence in merger and acquisition transactions the main focus is typically on the traditional items, such as financials, debt instruments, major contracts and other key metrics customarily analyzed. These...By: White and Williams LLP
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White and Williams LLP | Jul 26,2019 |

PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions

The standard for an “occurrence” under a commercial general liability (CGL) insurance policy has been addressed on several occasions by Pennsylvania courts when an insured has allegedly performed faulty workmanship on a construction project....By: White and Williams LLP
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White and Williams LLP | Jul 26,2019 |
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