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Untimely Challenges: Keeping Department Of Labor Decisions Free From Constitutional Appointments Clause Challenges After Lucia V. Sec. (Part One)

01/15/2019 by Vania Ratliff

(PART ONE) This is the first part of a multi-part series regarding the implications that Constitutional Appointment Clause challenges have for prior and current administrative hearings before the Department of Labor. Lucia v. SEC On June 21, 2018, the Supreme Court issued Lucia v. SEC, an important case clarifying the definition of “inferior officers” under… Read more »

11th Circuit Permits Termination Of Retiree Obligations In Bankruptcy

01/13/2019 by Jed Donaldson

In recent years, a variety of external factors—including, regulatory costs, political headwinds, falling oil prices, and the increased utilization of natural gas—have placed significant stress on domestic coal companies.  Those external factors, in conjunction with significant pension and healthcare liabilities and debt burdens, led to numerous bankruptcy filings within the coal industry.  The Bankruptcy Code… Read more »

Letters Of Intent: Valuable Tools To Facilitate (Not Obfuscate) The Deal

01/11/2019 by Richard Crouch

Most sophisticated commercial real estate (“CRE”) transactions, including leases, acquisitions, dispositions, joint ventures, and loans, usually start with a letter of intent (“LOI”).  Depending on the transaction and the parties involved, lawyers may or may not be involved in preparing the LOI.  The LOI is designed to summarize key business terms and is generally non-binding… Read more »

The Small Business Runway Extension Act Of 2018

01/04/2019 by Michael L. Sterling

Under the Small Business Runway Extension Act of 2018, the measure for small business qualification is the average of five years’ gross receipts, instead of the previous average of three years. Many contractors will now retain small business status for a longer period. However, according to the SBA the change is not currently effective. See… Read more »

Who Benefits From Your Design Or Consulting Services Contract?

12/21/2018 by Andrew Selman

In initially answering the question of who benefits from your design or consulting services contract, you might conclude that your contract benefits several parties. For example, a contractor “benefits” from the quality designs of the architect’s design consultant in performing its work even though it was not a party to the contract between the architect… Read more »

THE NEW TAX ACT AND MY ESTATE PLANS: NOW WHAT?

12/18/2018 by Patrick W. Herman

Great news: the new “Tax Cut and Jobs Act” (“TCJA”), doubles the estate tax exemption amount from $5.49 million per individual (the 2017 exemption amount) to $11,180,000 million. (For convenience, this article will use the $5.6 million projected exemption amount for 2018 before TCJA and $11.2 million).  The new higher number will be adjusted for inflation…. Read more »

Final Crane Operator Certification Requirements

12/10/2018 by Michael L. Sterling

On November 9, 2018 OSHA issued a final rule revising the Crane Operator Certification Requirements. The final rule is effective on December 10, 2018, except for certain evaluation and documentation requirements that are effective February 7, 2019. Under the final rule, employers are required to train operators as needed to perform assigned crane activities, evaluate… Read more »

Top 7 Sources Of Uncertainty In Building Design And Construction

12/07/2018 by George M. Nicholos

Recently the American Institute of Architects (AIA) and Dodge Data & Analytics and other allied construction industry parties conducted research to identify the top sources of uncertainty in design and construction along with best practices for managing associated risk. And the top (7) are: Owner-driven changes: Instances where the owner’s requirements were not clearly initially… Read more »

Before Entering Into A Contract With An Arbitration Provision, Consider What Time Period The Parties Will Have To Bring Claims

11/23/2018 by Vania Ratliff

Statutes of limitations are statutory deadlines for filing legal actions. Limitation periods vary by the type of action. It is important to evaluate these limitation periods because if the deadline is missed, then the claim may be time-barred by the court. Arbitration provisions are increasingly common. Only a few jurisdictions, however, explicitly address whether statute… Read more »

Canada’s New Data Breach Reporting Requirements In Effect As Of November 1, 2018

11/16/2018 by Jonathan V. Gallo

Effective November 1, 2018, organizations engaged in commercial activities in certain Canadian provinces and territories  now have additional data breach reporting requirements pursuant to the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA1) and the Breach of Security Safeguards Regulations2. While Quebec3, British Columbia4 and Alberta5 previously adopted substantially similar data breach requirements, if personal… Read more »