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Articles Posted in Construction Generally

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Benefit from Risk Management Tools Available Under the Safety Act

LODGING Magazine recently published an article by Pillsbury attorney Brian Finch titled Modernizing Hotel Security Protocols To Protect Against 21st Century Threats. The article discusses the recent bombings and shootings at high-profile hotels in the U.S. and abroad, and how the hospitality industry can benefit from risk management tools available under the Support…

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SCOTUS Limits “Bare Metal Defense”

On March 19, the U.S. Supreme Court decided the case of Air & Liquid Systems Corp. v. Devries, affirming the ruling of the U.S. Court of Appeals for the Third Circuit in this maritime tort case involving the availability of the “bare-metal defense.” The bare-metal defense’s basic idea is that a manufacturer who…

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Trump Administration’s Proposed Overtime Rule Would Reclassify a Significant Number of Exempt Employees

Today, Pillsbury attorneys Julia Judish and Rebecca Carr Rizzo published their Client Alert titled How Employers Should Respond to the Trump Administration’s Proposed Overtime Rule.  The Alert discusses the Trump Administration’s Notice of Proposed Rulemaking (NPRM) for amending the federal Fair Labor Standards Act (FLSA) so-called “white collar” exemptions. The new…

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Council on Environmental Quality and Office of Management and Budget Issue Joint Guidance for State Transportation Departments with NEPA Assignment

On February 26, 2019, the Council on Environmental Quality (CEQ) and Office of Management and Budget (OMB) issued a joint memorandum (Memo) clarifying how state transportation departments that have been delegated responsibility under National Environmental Policy Act (NEPA) should implement federal directives to streamline the environmental review and approvals of…

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SCOTUS, Having Received Views of Solicitor General, Will Decide Whether CWA Regulates Indirect Discharge of Pollutants Into Navigable Water Via Groundwater

Prior to deciding whether to review an important February 1, 2018, U.S. Court of Appeals for the Ninth Circuit decision involving the jurisdictional reach of the Clean Water Act (CWA), Hawai’i Wildlife Fund, et al., v. County of Maui, the Supreme Court asked the Solicitor General for the views of the…

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Update Your California Release Provisions to Include Amended Section 1542 Language

Most companies have been involved in a situation where they want to end their relationship with another company, or with an employee, and to permanently terminate their mutual obligations (e.g., a settlement agreement resolving end-of-project litigation). In 1992, a California Court of Appeals, in Winet v. Price, confirmed that upholding…

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District Court Requires More to Establish Standing to Challenge EO 13771

On February 8, the U.S. District Court for the District of Columbia issued its latest ruling in a case which challenges the President’s January 30, 2017 Executive Order constraining the ability of federal agencies to issue new regulations and the Office of Management and Budget’s (OMB) implementation of that Order. The case…

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Ninth Circuit Issues an Important Commercial Speech Ruling

On January 31, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued a unanimous ruling in a commercial speech case, American Beverage Assoc., et al., v. City and County of San Francisco. The Panel held that the lower court’s denial of a preliminary injunction requested…

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Bills of Note Passed by the Last Congress (2019)

There were 442 bills passed by the 115th Congress and signed by the President. Most of these new laws have attracted very little attention, so it may be helpful to review a few of them. The list below provides a glimpse into the myriad issues that face each Congress, and…

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New Year, New Employment Laws in NY

Today, our colleagues Ken Taber, Rebecca Carr Rizzo and Andrew Lauria published their Client Alert titled New York Employment Law Outlook 2019. Their Client Alert discusses employment laws that were introduced in 2018 in New York. During 2018, a slew of New York state and local legislation combatting sexual harassment…