February 2012 Archives

Construction Employment Below Peak Levels in 98% of Metro Areas

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By Pillsbury Winthrop Shaw Pittman

On February 21, 2012, the AGC announced that construction employment remains below peak levels in 329 out of 337 metro areas.

Not surprising, the hardest hit metro areas all took great advantage of the housing boom until the economic recession wiped out the demand - Phoenix-Mesa-Glendale, AZ, Lake Havasu City-Kingman, AZ, Riverside-San Bernardino-Ontario, CA, Las Vegas-Paradise, NV, and Chicago-Joliet-Naperville, IL experienced the greatest declines in construction employment as compared to peak levels. Although it appears that the housing industry is finally on the rebound, there are so many available homes and condominiums in these areas that a return to heavy residential construction is still years away.

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What is all this hyPPPe about Public-Private Partnerships?

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The construction industry is abuzz with talk of alternative funding mechanisms, specifically Public-Private Partnerships, aka PPP, aka P3s. The AGC PPP Task Force recently developed a White Paper to outline issues that contractors will confront with PPPs.  Contractors should be knowledgeable about PPPs - not just from a contractor's perspective - but also from an entrepreneurial perspective.

As noted recently by our colleagues in Pillsbury's Global Sourcing group:

"PPPs, if managed well by both SLGs [State and Local Governments] and service providers, can offer significant benefits to both parties, and ultimately the public-at-large. Realizing this potential will require changes in paradigms and behaviors on both sides of the table (SLGs acting more like businesses; service providers acting more like entrepreneurs). Those who are ready to embrace the future will be well-positioned to catch this building wave."

The full article can be found here.  Are you in the best position to "catch the wave"?

New York Appellate Court Adopts Federal Preservation Standards for E-Discovery

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New York State's Appellate Division, First Department, in VOOM HD Holdings LLC v. EchoStar Satellite L.L.C., recently adopted strict federal standards with respect to a party's obligations to preserve documents prior to litigation. These standards were derived from the landmark Zubulake and Pension Committee opinions of Judge Shira Scheindlin of the United States District Court for the Southern District of New York. This is the first time that a New York appellate court has applied these standards to sanction a litigant for failing to suspend automatic data destruction practices once it "reasonably anticipated" litigation. The decision provides important clarity in the timing and scope of the preservation obligation. It also raises the bar for companies subject to the jurisdiction of New York state courts, many of whom had previously viewed the obligation to preserve as being triggered only by the commencement of litigation.

To learn more about this, click here to read the client alert that was written by Wayne Matus, John Davis and Aubrey Charette.