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GSA Proposed Rule to Provide Guidance on the Construction Manager-as-Constructor Project Delivery Method - Construction and Procurement Law News, Q2 2019

A GSA proposed rule, if adopted, will provide direction for the “construction manager as constructor” (“CMc”) project delivery method. CMc is widely used in the private sector – the American Institute of Architects (“AIA”) has an entire family of...By: Bradley Arant Boult Cummings LLP
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Software Companies No Longer Subject to Expansion Orders in the Field of Industry?

The question of categorizing high-tech companies as software industry companies arises in many due diligence inquiries. The operative meaning of this categorization suggests that the application of transaction terms set in expansion orders for...By: Barnea Jaffa Lande & Co.
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Barnea Jaffa Lande & Co. | Jul 31,2019 |

Corporate Law & Governance Update - July 2019

IMPACT OF EQUIFAX, FACEBOOK SETTLEMENTS - Health care industry boards should give close attention to the governance implications of recent privacy settlements entered into by Equifax and Facebook. Their unique facts and circumstances...By: McDermott Will & Emery
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McDermott Will & Emery | Jul 31,2019 |

New York Courts Continue to Uphold Enforceability of No Damages for Delay Clauses - Construction and Procurement Law News, Q2 2019

A New York trial court recently upheld the enforceability of a no-damages-for-delay clause in a contract between a general contractor and its subcontractor. In Hailey Insulation Corp., v. WDF, Inc., the subcontractor (“Hailey”) filed a complaint...By: Bradley Arant Boult Cummings LLP
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FIDIC Issues “Emerald Book” for Underground Works

International construction arbitration welcomes FIDIC's latest standard form contract: the “Emerald Book”. Known more formally as Conditions of Contract for Underground Works the contract is designed to address issues that arise when dealing with...By: Akin Gump Strauss Hauer & Feld LLP
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Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and generally speaking,...By: Proskauer - Labor Relations
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Proskauer - Labor Relations | Jul 31,2019 |

Government consultation: "Health is everyone's business"

The government has launched a consultation on ways in which government and employers can take action to reduce ill-health related job loss in the UK. ...By: Dentons
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Dentons | Jul 31,2019 |

Watching the Watchmen: Ninth Circuit Clarifies Courts’ Role in Reviewing Arbitration Awards - Construction and Procurement Law News, Q2 2019

In the words of Judge Milan D. Smith, Jr. of the Ninth Circuit, “[w]e have become an arbitration nation.” Nonetheless, arbitration is a creature of contract, and there are limits to what an arbitrator may do. In Aspic Engineering v. ECC Centcom...By: Bradley Arant Boult Cummings LLP
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New Jersey Becomes the Latest State to Enact a Ban on Salary History Inquiries

On July 25, 2019, New Jersey became the latest state to join the movement banning salary history inquiries when Acting Governor Sheila Oliver signed NJ A1094 (“Law”). The Law, which becomes effective January 1, 2020 (i.e., first day of the sixth...By: Epstein Becker & Green
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Epstein Becker & Green | Jul 31,2019 |

California Supreme Court Confirms that the “Anti-SLAPP” Statute Applies to Claims of Discrimination and Retaliation

Prior to the California Supreme Court’s decision in Wilson vs. Cable News Network, Inc., California Courts of Appeal were split on whether California’s anti-SLAPP statute applied to an employee’s claims of discrimination and retaliation.  The Supreme...By: Stoel Rives - World of Employment
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