It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit
June 22, 2020 —
Robert G. Devine, James Burger & Douglas Weck - White and Williams LLPSupply-chain businesses that are appropriately characterized as “essential” have remained open for the delivery of critical supplies while everyone else has been told to close up shop and stay home. Now essential-business employees are contracting COVID-19 and filing suit. Following up on our earlier piece — “Is a Violation of a COVID-19 Order the Basis For Civil Liability?” — it is important to recognize that government directives, oftentimes couched as “recommendations,” can come to define what it means to provide a reasonably safe workplace that protects employees from COVID-19. While common law negligence defenses consider the reasonableness of conduct, these directives will likely become the standard.
The cases that have been filed are overwhelmingly premised upon the timeless negligence construct. The negligence construct, simply put, imposes a duty to act as a reasonable person would under the circumstances. Nonetheless, while the negligence construct lives in the ordinary world of “reasonableness,” infection-control guidance lives in the rapidly developing world of the science of COVID-19. Guidance on seemingly basic questions, such as the methods of transmission (e.g., personal contact, mucus membrane only, airborne transmission) or even the virus’s shelf life on different surfaces, of particular interest packaging and material handling equipment, can change by the day. All of this provides challenges for the supply-side business looking to protect its workforce.
Reprinted courtesy of White and Williams LLP attorneys
James Burger,
Robert Devine and
Douglas Weck
Mr. Burger may be contacted at burgerj@whiteandwilliams.com
Mr. Devine may be contacted at deviner@whiteandwilliams.com
Mr. Weck may be contacted at weckd@whiteandwilliams.com
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What are the Potential Damages when a House is a Lemon?
September 01, 2016 —
Haldon L. Greenberg, Esq. – Florida Construction Law NewsIt seems that lemons are front page news these days. Beyonce just released a chart-topping[1] album all about what to do when life hands you lemons. In today’s vernacular, we use the term “Lemon” to describe a person or thing that is unsatisfactory, disappointing, or feeble.[2] In Florida, there is a “Lemon Law” that provides a way for consumers to receive a replacement or full refund for vehicles found to have defects which may affect the vehicle’s safety, value or use.[3] While there is no “Lemon Law” for construction projects, in Gray v. Mark Hall Homes, Inc.,[4] Florida’s Second District Court of Appeal cited to Florida Supreme Court precedent in holding that a home builder was on the hook for the entire contract value of a home he contracted to build for the Plaintiff, when it was revealed the home was a “Lemon”, or as the evidence at trial showed, “valueless.”
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Haldon L. Greenberg, Esq., Cole, Scott & Kissane, P.A.Mr. Greenberg may be contacted at
haldon.greenburg@csklegal.com
Consumer Prices Rising as U.S. Housing Stabilizes: Economy
June 18, 2014 —
Jeanna Smialek and Shobhana Chandra – BloombergConsumer prices rose in May by the most in more than a year, showing U.S. companies are gaining some pricing power as the economy strengthens, and the homebuilding industry stabilized after a first-quarter swoon.
The cost of living increased 0.4 percent, the biggest advance since February 2013, according to Labor Department data released today in Washington. Other figures showed builders broke ground on 1 million homes at an annualized rate after 1.07 million in April, the best two-month reading since late 2013.
The reports will be welcome news to Federal Reserve policy makers meeting today and tomorrow as the pickup in inflation lessens the threat of a prolonged drop in prices that hurts economic growth. Central bankers are projected to continue scaling back their bond-buying program, while an increase in interest rates is delayed until well into 2015.
Ms. Smialek may be contacted at jsmialek1@bloomberg.net; Ms. Chandra may be contacted at schandra1@bloomberg.net
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Jeanna Smialek and Shobhana Chandra, Bloomberg
The Power of Team Bonding: Transforming Workplaces for the Better
June 10, 2024 —
Alexa Stephenson & Brittney Aquino - Kahana FeldThe number of civil Complaints filed in California has been steadily rising over the last few years. When employees struggle daily to make a dent in what seems as an insurmountable to-do list, taking time away from work to chat with coworkers about their weekends or the latest Netflix drop seems counterintuitive. Yet recent studies suggest that taking even 30 minutes away from your workday to engage in team bonding has lasting benefits. Investing in team bonding activities is not just about having fun; it is about creating a cohesive, motivated, and high-performing team that can drive organizational success. As the evidence suggests, the return on investment for team bonding activities is substantial, making it a vital component of any successful workplace strategy.
Enhancing Communication and Collaboration
One of the primary benefits of team bonding is improved communication among team members. Effective communication is the bedrock of any successful team, and activities designed to foster relationships can significantly enhance this aspect. A study conducted by MIT’s Human Dynamics Laboratory found that teams with higher levels of social interaction outside of formal meetings performed better than those with limited interaction. These teams were more cohesive, coordinated, and ultimately more productive.
Bonding activities, as simple as group lunches or intensive as a weekend retreat, create opportunities for employees to interact in a relaxed setting. This helps break down barriers and encourages open communication, which translates into a more collaborative work environment. When employees feel comfortable sharing ideas and feedback, it leads to better problem-solving and innovation.
Reprinted courtesy of
Alexa Stephenson, Kahana Feld and
Brittney Aquino, Kahana Feld
Ms. Stephenson may be contacted at astephenson@kahanafeld.com
Ms. Aquino may be contacted at baquino@kahanafeld.com
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Online Meetings & Privacy in Today’s WFH Environment
May 25, 2020 —
Heather Whitehead & Joshua Anderson - Newmeyer DillionAs a result of the COVID-19 (commonly referred to as the Coronavirus) pandemic, remote working arrangements have become the new norm. For those working from home (WFH), the software program “Zoom Meetings,” has found a substantial increase in demand and popularity as a means to facilitate meetings online rather than meeting in person. There are also a number of other similar platforms available for online meetings such as Skype and Teams (from Microsoft), Go to Meeting (from LogMeIn) and WebEx Meetings (Cisco).
Best Practices for Businesses - Privacy and Security Protocols
With these platforms becoming a necessity for businesses, there are a number of best practices that should be considered to safely conduct online meetings and teleconferences as well as protect information. These include the following:
- Upgrade to the most recent version of the program or application;
- Use passwords, especially with recurring meetings;
- Protect all passwords as well as personal meeting identifiers used in Zoom and other platforms;
- Carefully moderate meetings and ask meeting attendees to identify themselves at the beginning of a meeting;
- Consider allowing only authenticated users to participate in meetings;
- Use the Waiting Rooms feature in Zoom; and
- Enable features available only to meeting hosts.
Reprinted courtesy of
Heather Whitehead, Newmeyer Dillion and
Joshua Anderson, Newmeyer Dillion
Ms. Whitehead may be contacted at heather.whitehead@ndlf.com
Mr. Anderson may be contacted at joshua.anderson@ndlf.com
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Terms of Your Teaming Agreement Matter
July 30, 2019 —
Christopher G. Hill - Construction Law MusingsThese days in construction, and other pursuits, teaming agreements have become a great method for large and small contractors to work together to take advantage of various contract and job requirements from minority participation to veteran ownership. With the proliferation of these agreements, parties must be careful in how they draft the terms of these agreements. Without proper drafting, the parties risk unenforceability of the teaming agreement in the evewnt of a dispute.
One potential pitfall in drafting is an “agreement to agree” or an agreement to negotiate a separate contract in the future. This type of pitfall was illustrated in the case of InDyne Inc. v. Beacon Occupational Health & Safety Services Inc. out of the Eastern District of Virginia. In this case, InDyne and Beacon entered into a teaming agreement that provided that InDyne as Prime would seek to use Beacon, the Sub, in the event that InDyne was awarded a contract using Beacon’s numbers. The teaming agreement further provided:
The agreement shall remain in effect until the first of the following shall occur: … (g) inability of the Prime and the Sub, after negotiating in good faith, to reach agreement on the terms of a subcontract offered by the Prime, in accordance with this agreement.
InDyne was subsequently awarded a contract with the Air Force and shortly thereafter sent a subcontract to Beacon and requested Beacon’s “best and final” pricing. Beacon protested by letter stating that it was only required to act consistently with its original bid pricing. Beacon then returned the subcontract with the original bid pricing and accepting all but a termination for convenience provision. Shortly thereafter, InDyne informed Beacon that InDyne had awarded the subcontract to one of Beacon’s competitors. Beacon of course sued and argued that the teaming agreement required that InDyne award the subcontract to Beacon.
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The Law Office of Christopher G. HillMr. Hill may be contacted at
chrisghill@constructionlawva.com
Newmeyer & Dillion Announces Three New Partners
January 04, 2018 —
NEWMEYER & DILLION LLPOriginally Published by CDJ on March 16, 2017
NEWPORT BEACH, Calif. – FEBRUARY 7, 2017 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that three of the firm’s attorneys – Ben Ammerman, Anne Kelley and Rondi Walsh – have been elected to partnership. Their promotions are effective immediately.
“The elevation of these three attorneys is a testament to their leadership, hard work, and unwavering commitment to superior service for our clients and the firm,” proclaimed Jeff Dennis, Newmeyer & Dillion’s Managing Partner. “This is an exciting time for the firm as we look forward to their continued success and contributions.”
Ammerman (based in Newport Beach, CA) focuses his practice in the areas of business, real estate, and tort litigation. In addition to his private practice, Ammerman presently serves as a Commander in the Navy Reserve Judge Advocate General’s Corps. He's also an active alumnus, currently named co-chair of the University of Southern California’s 20th Reunion Committee.
Kelley (based in Walnut Creek, CA) concentrates primarily in construction litigation and insurance coverage matters. She has over 12 years of experience working closely with builders, developers, contractors and subcontractors throughout Northern California developing legal strategies specific to the needs of each matter and the client’s business and goals. Kelley has litigated a wide variety of complex insurance coverage disputes.
Walsh (based in Newport Beach, CA) has incorporated into her practice the representation of policyholders in first and third-party insurance coverage, and business lawsuits involving contracts, property disputes, products liability and construction defect issues. She also has litigated numerous political and election law matters and has worked both professionally and as a volunteer on numerous political campaigns. Walsh is also an active member with the National Charity League.
About Newmeyer & Dillion
For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com.
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Another Case Highlighting the Difference Between CGL Policies and Performance Bonds
January 07, 2015 —
David M. McClain – Colorado Construction Litigation During the summer of 2011, Ellis Construction hired Cool Sunshine Heating & Air Conditioning to install the HVAC systems in a single-family home it was building for Gary Doberman and Ellen Robertson in Boulder, Colorado. The homeowners took issue with much of the work performed on their home and tried to negotiate directly with Ellis Construction. When those negotiations broke down, the homeowners sent a notice of claim pursuant to the Construction Defect Action Reform Act, C.R.S. § 13-20-801, et seq. One of the defects alleged in the notice of claim was that the SEERS 13 compressor installed by Cool Sunshine was inappropriate for the system and that because it was installed to run on only one stage, it did not meet the City of Boulder’s code requirements for noise levels. The homeowners therefore requested that the compressor be replaced with a SEERS 20 compressor, which would comply with the Boulder City Code.
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David M. McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
