Balfour Taps Qinetiq’s Quinn as new CEO to Revamp Builder
October 15, 2014 —
Benjamin Katz and Simon Thiel – BloombergBalfour Beatty Plc (BBY) named Leo Quinn as new chief executive officer to revamp Britain’s biggest builder which has suffered from mismanaged projects and a lack of demand.
Quinn will start on Jan. 1 after five years as CEO of defense specialist Qinetiq Group Plc, Balfour Beatty said today. The executive began his career at Balfour Beatty in 1979 as a civil engineer and later worked as president of Honeywell Building Controls and CEO of banknote printer De La Rue Plc. The stock gained 5.3 percent in London trading today.
Balfour Beatty, which rejected a merger proposal from British rival Carillion Plc in August, has struggled since the global recession slashed orders and prices. Its stock had fallen 48 percent this year before today, reducing the company’s value to 1 billion pounds ($1.6 billion). In September, Balfour Beatty cut its U.K. construction-services unit’s profit forecast and said Chairman Steve Marshall plans to leave.
Mr. Thiel may be contacted at sthiel1@bloomberg.net; Mr. Katz may be contacted at bkatz38@bloomberg.net
Read the court decisionRead the full story...Reprinted courtesy of
Benjamin Katz and Simon Thiel, Bloomberg
Wells Fargo Shuns Peers’ Settlement in U.S in Mortgage
May 13, 2014 —
Andrew Zajac – BloombergFollowing two years in which its big-bank peers paid almost $2 billion to resolve fraud accusations by the Federal Housing Administration, Wells Fargo & Co. (WFC) has decided it isn’t giving up so easily.
Wells Fargo was one of five banks that agreed in 2012 to a nationwide, $25 billion settlement with the Justice Department over mortgage wrongdoing that included botched foreclosures. The FHA then took additional action against four of the banks, including Wells Fargo, for related housing-crisis wrongdoing. Bank of America Corp., Citigroup Inc. and JPMorgan Chase & Co. decided to settle those matters. San Francisco-based Wells Fargo, which argued the nationwide settlement should have blocked the new FHA claims against it, chose to fight.
Read the court decisionRead the full story...Reprinted courtesy of
Andrew Zajac, BloombergMr. Zajac may be contacted at
azajac@bloomberg.net
Providing Your Insurer Prompt Notice
May 20, 2024 —
David Adelstein - Florida Construction Legal UpdatesSometimes, when it comes to insurance, you may hear the argument that you breached your insurance policy by failing to provide your insurer with prompt notice as the insurance policy requires. Well, this is not such an absolute issue. With that said, you should absolutely provide your insurer with prompt notice of a claim or loss. No legitimate reason not to. But, if you don’t, it is not an absolute get out of jail free card for your insurer, but it does give them a good argument, which you don’t really want to deal with.
In Gulfpoint Construction Co., Inc. v. Westfield Ins. Co., 2024 WL 1759228 (11th Cir. 2024), an insured appealed a trial court’s ruling that found it did not provide prompt notice to its property insurer as the policy required. In this case, notice was provided two years after a loss from a hurricane. The insurer denied coverage and, in doing so, relied on the insured’s failure to provide prompt notice. Although the trial court agreed, the appellate court found this was a genuine issue of material fact.
Read the court decisionRead the full story...Reprinted courtesy of
David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
Newmeyer Dillion Named 2022 Best Law Firm in Multiple Practice Areas By U.S. News-Best Lawyers
November 08, 2021 —
Newmeyer DillionNEWPORT BEACH, Calif. – November 5, 2021 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that U.S. News-Best Lawyers® has recognized the firm in its 2022 "Best Law Firms" rankings, in six practice areas earning the highest ranking possible - Tier 1 in the Orange County Metro area. The practices recognized include:
Commercial Litigation
Insurance Law
Real Estate Law
Litigation - Real Estate
Construction Law
Litigation – Construction
Additionally, the firm has been recognized as Tier 2 in Employment Law - Management and Tier 3 in Litigation - Insurance.
"Our firm was built on the culture of excellent personalized service and achieving the best results possible. Knowing that our clients and peers continue to value the offerings we provide showcases our ability to deliver business-oriented solutions across a wide range of practice areas."
Firms included in the 2022 "Best Law Firms" list have been recognized by their clients and peers for their professional excellence. Firms achieving a Tier 1 ranking have consistently demonstrated a unique combination of quality law practice and breadth of legal expertise.
To be eligible for the "Best Law Firms" ranking, a firm must have at least one attorney recognized in the current edition of The Best Lawyers in America for a specific practice area. Best Lawyers recognizes the top 4 percent of practicing attorneys in the U.S., selected through exhaustive peer-review surveys in which leading lawyers confidentially evaluate their professional peers.
About Newmeyer Dillion
For over 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. 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 Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.
Read the court decisionRead the full story...Reprinted courtesy of
Trump Administration Announces New Eviction Moratorium
October 12, 2020 —
Zachary Kessler - Gravel2GavelWith the financial impacts of the COVID-19 pandemic continuing to be felt by the American public, the Trump Administration has taken steps to try to allay a coming eviction crisis by enacting a moratorium on evictions through the end of 2020. With the first eviction moratorium instituted by the CARES Act expiring, lawmakers have been pushing to include eviction protections in the next COVID-19 relief package. However, with Congressional leaders still far from an agreement on the next bill, the Centers for Disease Control and Prevention (CDC) has now used its emergency pandemic powers under the Public Health Service Act to temporarily halt residential evictions.
Under the Order, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory actions will not be permitted to evict any covered person through December 31, 2020. Under the Order, “covered persons,” are any tenant, lessee, or resident of a residential property who meets the five-part test included in the order and delivers the executed declaration to their landlord. The five requirements in the declaration, which must be certified under the penalty of perjury are:
- The individual has used best efforts to obtain all available government assistance for rent or housing;
- The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
Read the court decisionRead the full story...Reprinted courtesy of
Zachary Kessler, PillsburyMr. Kessler may be contacted at
zachary.kessler@pillsburylaw.com
Federal Defend Trade Secrets Act Enacted
July 14, 2016 —
Michael B. McClellan & Jason L. Morris – Newmeyer & Dillion LLPOn May 11, 2016, President Obama signed the Defend Trade Secrets Act (“DTSA”) into law,
creating a private federal civil cause of action for trade secret misappropriation. This landmark
legislation, a product of bipartisan backing and significant support from the business
community, will affect businesses and individuals operating in almost every economic sector
across the country. The DTSA will potentially be at issue any time an employee with access to
confidential, proprietary, and trade secret information moves on to a competitor or launches
a startup that competes with the former employer. This will be true so long as the product
or service that the trade secret relates to is either used in or intended for use in interstate
or foreign commerce. Under present commerce clause jurisprudence, the vast majority of
businesses providing products and services in the United States will be affected by this new law.
The DTSA will provide, for the first time, a codified federal civil remedy for
misappropriation of trade secrets. Although most states have adopted some version of the
Uniform Trade Secrets Act (“UTSA”), there remains significant variation between the states in
their application of the UTSA and litigants face significantly different statutory frameworks
depending upon which state holds jurisdiction over the dispute. In addition, prior to this
new law, litigants were limited to pursuing their claims for misappropriation of trade secrets
in state courts, unless federal diversity jurisdiction applied to the dispute. The DTSA changes
that dynamic, providing original federal subject matter jurisdiction over trade secret disputes.
Reprinted courtesy of
Michael B. McClellan, Newmeyer & Dillion and
Jason L. Morris, Newmeyer & Dillion
Mr. McClellan may be contacted at Michael.mcclellan@ndlf.com
Mr. Morris may be contacted at Jason.morris@ndlf.com
Read the court decisionRead the full story...Reprinted courtesy of
Construction Termination Issues Part 6: This is the End (Tips for The Design Professional)
September 25, 2023 —
Melissa Dewey Brumback - Construction Law in North CarolinaWhether your role is in helping analyze the contractor’s work on the project to certify a
contractor’s termination for cause, or you are
being shown the door yourself, and everything in between, termination is a subject that is ripe with potential problems.
Consider these summary tips as part of your practice, every time the termination idea arises:
- Remember that you are the neutral and must be impartial between Owner and Contractor
- After you have made a fair decision, document your decision to the Owner and Contractor
- Provide options less nuclear for Owners– stop work; removing scopes of work; etc.
Read the court decisionRead the full story...Reprinted courtesy of
Melissa Dewey Brumback, Ragsdale LiggettMs. Brumback may be contacted at
mbrumback@rl-law.com
Hundreds of Snakes Discovered in Santa Ana Home
February 04, 2014 —
Beverley BevenFlorez-CDJ STAFF404 Snakes—more than half dead—were discovered after a “nearly daylong search” in a home in Santa Ana, California, reported the Los Angeles Times. “Over the past few months, neighbors called authorities about the foul odor,” claimed the Orange County Register. “They thought it was trash. Then Jehovah’s Witnesses knocked on the door.” Concerned that someone might have died, they called the police.
William Buchman, the homeowner, “identified as a snake breeder, was arrested on suspicion of animal cruelty, a felony,” according to the Los Angeles Times. Police wore gas masks and “clutched Tasers” as they entered the home. “Rats scampered over furniture and scores of clear plastic boxes holding the snakes lined the walls.”
The Orange County Register claimed that up until recently Bachman was a “regular joe.” A neighbor said, “Let me tell you, Bill was a nice guy, outspoken, knowledgeable. He talked to my grandkids about school.” According to the Los Angeles Times, Buchman’s mother died in 2011, which appeared to “have affected him profoundly.”
Read the full story at The Los Angeles Times...
Read the full story at The Orange County Register... Read the court decisionRead the full story...Reprinted courtesy of