Businesses often utilize arbitration clauses in their contracts to avoid the alleged “uncertainty” of a trial, with the goal of achieving a faster and more cost-efficient resolution. A recent holding by the Texas 13th Court of Appeals reinforces the longstanding notion that Texas courts strongly favor arbitration, and highlights the importance of understanding the effect such a clause will ultimately have on who decides a dispute arising out of the contract. Although many vanilla arbitration.....
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Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. In this episode, I visit with Bill Sanders on issues the speed of business change brought on by Covid-19. These issues include how Sanders sees Covid-19 accelerating business change and the 3 things which a person or company can do to prepare for the future of work. We conclude with a discussion of what I see as an upsurge in M&A in Q3 & Q4 and the advice Sanders is you giving out now to prepare...By: T...
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Even in today’s uncertain times, lucrative opportunities exist outside national borders in the architectural, engineering and construction (AEC) fields. Several factors help facilitate these opportunities: 1. Expanding technological advancements permit rapid communication and transmission of large volumes of information....By: Faegre Drinker Biddle & Reath LLP
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As we grow accustomed to the new normal of face coverings during a haircut, social distancing on walks and daily employee health screenings, we also have gotten used to the see-through plastic barriers at grocery stores, car dealerships and even in restaurant booths. These barriers are intended to comply with current requirements for physical separation. For example, under current guidance, restaurants must enact physical barriers of at least five feet in height if tables cannot be separated by....
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Robinson+Cole’s Construction Group is pleased to bring you a recap of posts from our Construction Law Zone blog. As we continue to follow developments and trends in all areas of construction law and share our insights on issues important to the industry, including those related to the Coronavirus, we encourage you to check out the blog and subscribe to receive e-mails when new content is posted. We welcome your feedback and input on topics you’d like us to cover. Please see full Publication.....
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Dear YouDig? Freedom? The laws of construction sure don’t provide “Freedom.” It’s more like law prison. What gives? -MAGA...By: Buckingham, Doolittle & Burroughs, LLC
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During the 2020 session, the Florida Legislature enacted a number of provisions intended to ease the financial burden on construction industry professionals who perform state and local public works projects. Effective July 1, 2020, the threshold for state and local procurement of “continuing contracts” under the Consultants Competitive Negotiation Act, or “CCNA” is increased from $2 million to $4 million for project-related “professional,” “construction management,” or “project manageme...
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In a striking blow, stripping a city of a judgment of nearly $1 million, the Massachusetts Appeals Court recently reversed a superior court summary judgment awarding fines to the City of Haverhill for a developer’s violations of zoning laws....By: Pierce Atwood LLP
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By a 5-4 margin, the Supreme Court has ordered the restructuring of the Consumer Financial Protection Bureau, “ruling the agency’s structure was unconstitutional because its director held too much unchecked power.” The fix, according to the Court, is allowing the President to remove the CFPB’s director “for any reason,” which it deemed sufficient to reject arguments to “strike down the bureau altogether”....By: Robins Kaplan LLP
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At the outset, Novartis is “lucky” – the settlement is relatively positive, despite its 2016 SEC enforcement action in China. Given Novartis weak culture of compliance (if anything, a better description may be a culture of non-compliance) and its status as a recidivist, Novartis could have been slammed with a stiffer enforcement action, including assignment of an independent corporate compliance monitor and a higher penalty. ...By: Michael Volkov
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