Legal News

The California Court of Appeal recently discussed an owner's remedies (and some limits to those remedies) when a contractor improperly records a mechanic's lien. According to the court's analysis, the owner's primary remedy will generally be removal of the offending lien. Seeking damages, on the other hand, can backfire with an award of attorney fees in the contractor's favor....By: Davis Wright Tremaine LLP

On February 1, 2021, the Federal Trade Commission (FTC) announced—for the first time since 2010—a decrease in the thresholds determining whether companies must notify federal antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, and its rules and regulations (HSR Act) before consummating a transaction. Under the HSR Act, companies of a certain size involved in a transaction exceeding reportability thresholds are required to file a pre-merger...By: Da...

In the recent case of Granite Construction Co., ASBCA 62281, the Armed Services Board of Contract Appeals granted partial summary judgment to a contractor that sought delay damages under FAR 52.242-14, Suspension of Work—overcoming the Government's argument that the delays were contemplated under a separate clause for adverse weather delays....By: Davis Wright Tremaine LLP

The Oregon Court of Appeals recently issued a decision touching on the economic loss doctrine and vicarious liability in a construction dispute. The outcome provides key lessons for manufacturing companies that may maintain principal-agent relationships with distributors or maintenance service companies based on the level of control one party exerts over the other....By: Davis Wright Tremaine LLP

In a recent decision, the Armed Services Board of Contract Appeals (ASBCA) reaffirmed that, even when a contractor prevails in a claim against the Government, attorneys' fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, are not awarded in cases where the Government's position in the litigation was substantially justified....By: Davis Wright Tremaine LLP

On September 14, 2020, Division One of the Washington Court of Appeals provided clarification in the case of Lake Hill Investments, LLC. V Rushforth Construction Company, Inc., Case No. 79116-8-I, on how the Spearin Doctrine should be applied as a defense to a claim for faulty construction. The court also discussed how delay should be allocated for purposes of imposition of liquidated damages....By: Davis Wright Tremaine LLP

In our second webinar, we will address: - Virtual board meetings - Satisfying duties of care and supervision in an all-remote environment - Financial reporting to the board - Accessing endowment funds: a map to the minefield - Managing crisis - When is it time to talk merger?...By: Davis Wright Tremaine LLP

In our first webinar, we will address: - Understanding what is possible with nonprofit advocacy - Identifying and avoiding political campaign intervention - Navigating permissible lobbying activities - Protests, civil disobedience and tax exemption......By: Davis Wright Tremaine LLP

We have reminded you before of the importance of obtaining authorization from the Federal Communications Commission (FCC) for the transfer of control, or assignment, of FCC licenses prior to closing in M&A transactions, and the risks of failing to do...By: Davis Wright Tremaine LLP

The Federal Trade Commission's Premerger Notification Office (PNO) announced that, effective Monday, March 30, the PNO and Department of Justice Antitrust Division (DOJ) will resume the practice of granting early termination of the waiting period...By: Davis Wright Tremaine LLP