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Archive by tag: PLCReturn

Michigan Supreme Court Clarifies Decades-Old Dispute and Holds that Subcontractor’s Unintentional Defective Work Constitutes an “Accident” and “Occurrence” Granting Construction Manager CGL Coverage

In Skanska USA Building Inc v MAP Mechanical Contractors, Inc, (Michigan Supreme Court, Docket Nos. 159510-159511, June 29, 2020) the Michigan Supreme Court held, in a unanimous decision, that a subcontractor’s unintentional defective work is an “accident” and, therefore, an “occurrence” covered under a Commercial General Liability (CGL) policy, allowing insurance coverage for the costs incurred by the construction manager to repair the subcontractor’s defective work....By: Clark Hill PLC
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Clark Hill PLC | Jul 06,2020 |

SEC Finalizes Amendments to Financial Disclosures Regarding Significant Acquisitions and Dispositions

On May 21, the SEC finalized amendments to its rules and forms revising the disclosure requirements for financial statements relating to acquisitions and dispositions of businesses, which were adopted in substantially the same form as proposed in May...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Jun 05,2020 |

COVID-19 and Material Adverse Change: M&A and Financing Considerations

The novel coronavirus (COVID-19) has already proven to have profound social, political and economic effects on the world, impacting nearly every continent, community and business sector. With the growing uncertainty about the extent to which such...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Mar 17,2020 |

Window On Washington - Vol. 4, Issue 9

Outlook for This Week in the Nation’s Capital - Congress. Both the House and Senate are in this week. The House is scheduled to vote on a bill that would enhance the benefits and workplace protections for Transportation Security Administration...By: Clark Hill PLC
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Clark Hill PLC | Mar 02,2020 |

NLRB’s New Joint Employer Rule Requires Direct Control

In its new Final Joint Employer Rule, the National Labor Relations Board (“NLRB”) states that one entity will be considered the joint employer of another company’s employees only if the alleged joint employer possesses and exercises substantial...By: Clark Hill PLC
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Clark Hill PLC | Feb 27,2020 |

3rd Circuit Upholds Philadelphia Ban on Salary History Questions

Philadelphia employers can no longer inquire about an applicant’s salary history. A prior ruling which prohibited reliance on salary history when making an offer also remains enforceable....By: Clark Hill PLC
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Clark Hill PLC | Feb 12,2020 |

FTC Announces Revised HSR Thresholds, Interlocking Directorates Thresholds

The Hart-Scott-Rodino (HSR) Act requires parties to transactions that meet certain thresholds to notify the Department of Justice (DOJ) and Federal Trade Commission (FTC) and observe a waiting period prior to closing unless certain exemptions apply....By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Jan 30,2020 |

10 Trends in Physician Practice Transactions to Track in 2020

By all accounts, 2019 proved to be another year of significant investment by private equity firms in the physician practice space. Below we discuss 10 trends we observed as counsel on a number of these transactions during 2019 that bear tracking in...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Jan 23,2020 |

Are Employees with Alcoholism and Substance Use Disorder Protected under the ADAAA?

Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA), there are differences in how...By: Bass, Berry & Sims PLC
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Bass, Berry & Sims PLC | Jan 20,2020 |

DOL Rejects Hypothetical Control in New Joint Employer FLSA Rules

The Department of Labor issued a final rule on January 12, 2020, that makes clear that joint employer status under the Fair Labor Standards Act requires that an entity exercise actual control over the employee; mere hypothetical control, standing...By: Clark Hill PLC
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Clark Hill PLC | Jan 17,2020 |
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