Yesterday, our colleagues David Livdahl, Jenny (Jia) Sheng, and Wenjun Cai published an informative client alert discussing the State Administration of Industry and Commerce’s (SAIC) October 18, 2016 Guiding Opinion on Opening-up Enterprise Name Database and Promoting the Reform of Enterprise Name Registration (Guiding Opinion). Now applicants for a company registration in…
Articles Posted in Construction Generally
Is Your Use of Standard Subrogation Waivers Leaving You Exposed
We recently posted an interesting blog on Pillsbury’s Policyholder Pulse titled Subrogation Waivers and the Perils of Litigation: Wavering on a Precipice. In it, we discuss the perils of using standard subrogation waivers in your insurance policies, and cautions against the use of standard waivers (which can have unintended consequences).
DC Circuit Rules That Basic Structure of CFPB is Unconstitutional
In a decision released on October 11, 2016, the U.S. Court of Appeals for the DC Circuit issued a very long opinion (110 pages) which vacates an order of the Consumer Financial Protection Bureau (CFPB) that requires PHH Corporation, a large home mortgage lender, to disgorge $109 million in a…
Weathering a Storm – Action Plan to Maximize Insurance Recovery
Recently, our colleagues Tamara Bruno, Colin Kemp, Peter Gillon, Vince Morgan and Joseph Jean published an alert titled Hurricane Matthew Requires Immediate Action to Maximize Insurance Recovery to help you weather any storm. Photo: U.S. Department of Agriculture – A MH-60 helicopter from the U.S. Coast Guard (USCG) Aviation Training Center…
Federal Contractors and Subcontractors Take Note of DOL’s Final Rule Requiring Paid Sick Leave
The U.S. Department of Labor has issued its final rule implementing President Obama’s 2015 Executive Order 13706, “Establishing Paid Sick Leave for Federal Contractors,” an executive order requiring federal contractors and subcontractors to provide their employees working on covered government contracts with up to seven days of paid leave per…
In UK, Pre-Contractual Deal Documents May Be An Enforceable Contract
Recently, our colleagues Luca Denora and Zara Machado published an interesting client alert titled The Ties that Bind: Commitment Letters under English Law. The publication discusses a recent decision of the UK Commercial Court, Novus Aviation Limited v. Alubaf Arab International Bank BSC (c) [2016] EWHC 1575 (Comm), which contemplates that pre-contractual…
Subcontractor’s Faulty Workmanship: Property Damage and An Occurrence Under Developer’s CGL Policy?
Check out my latest blog for Pillsbury’s Policyholder Pulse titled A Subcontractor’s Defective Work Is an Occurrence: Weedo Wobbles … and Falls Down. It discusses a recent ruling in New Jersey, Cypress Point Condominium Assoc., Inc. v. Adria Towers, L.L.C., on the issue of whether damage caused by a subcontractor’s faulty workmanship constitutes…
Courts of Appeals Issue Highway Beautification Act Decisions
Two Court of Appeals, one in the District of Columbia and the other in Texas, issued opinions regarding the federal Highway Beautification Act, 23 U.S.C. § 131 (HBA) and its state counterpart, the Texas Highway Beautification Act, respectively. The first decision illustrates how the courts will apply the principles of administrative law in…
New EAJA Decision in the DC Circuit
The Equal Access to Justice Act (EAJA) directs a court to award fees and other expenses to prevailing party in a civil action against the United States unless the government’s position was substantially justified or special circumstances make an award unjust. The EAJA has been used to recover attorney’s fees…
Proposed Regs Would Affect Valuation of Transfers of Family-owned Business Among Family Members
Recently, my colleagues Jennifer Jordan McCall, Kim Schoknecht and Elizabeth Fry published an alert titled Proposed Section 2704 Regulations that discusses proposed regulations that, if adopted, would affect the valuation of family-owned businesses interests transferred among family members by eliminating certain discounts currently recognized under the law. The U.S. Treasury Department…