Return-to-Workplace Checklist: Considerations and Emerging Best Practices for Employers
July 20, 2020 —
Nancy Conrad & George C. Morrison - White and Williams LLPAs employers plan to return employees to the workplace, they should proceed with careful planning and incorporate best practices and measures to assure a safe, responsible and productive workplace. While there is no "one size fits all" plan, the following checklist will assist in assuring that your work environment includes the key safety components to return to the workplace in the midst of a pandemic.
PREPARING THE WORKPLACE FOR RETURN & GENERAL HEALTH AND SAFETY
- Create a company task force, safety committee or coordinator to oversee implementation of policies that address and enforce practices related to COVID-19.
- Ensure HVAC systems are functional, have been properly cleaned and serviced and tuned to maximize airflow and filtration.
- Review and increase cleaning protocols in coordination with lease terms and cleaning contracts. Ensure regular and thorough office cleanings, with a focus on high-touch surfaces and areas. Document cleaning protocols and schedule.
- Implement social distancing requirements and provide visual markers on floors in compliance with applicable federal, state and local orders.
- Rearrange work spaces, conference rooms and lunchrooms to comply with social distancing requirements.
- Post notices about the number of individuals permitted in elevators, stairwells, rooms and on the premises.
- Restrict movement between departments and floors.
Reprinted courtesy of
Nancy Conrad, White and Williams LLP and
George C. Morrison, White and Williams LLP
Ms. Conrad may be contacted at conradn@whiteandwilliams.com
Mr. Morrison may be contacted at morrisong@whiteandwilliams.com
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Corps Issues Draft EIS for Controversial Alaskan Copper Mine
March 27, 2019 —
Pam Radtke Russell - Engineering News-RecordA proposed copper and gold mine in Alaska could impact up to 12,000 acres of wetlands as well as local fisheries but would help meet a worldwide demand for copper, according to the draft environmental impact statement on the Pebble Mine in the Bristol Bay area of Alaska.
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Pam Radtke Russell, ENRMs. Russell may be contacted at
Russellp@bnpmedia.com
Nine Newmeyer & Dillion Attorneys Recognized as Southern California Super Lawyers
February 11, 2019 —
Newmeyer & Dillion LLPProminent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that nine of its Newport Beach attorneys have been selected to the 2019 Southern California Super Lawyers list. Each year, no more than 5 percent of lawyers are selected to receive this honor.
Attorneys named to the Southern California Super Lawyers list include:
Michael Cucchissi
Jeff Dennis
Greg Dillion
Joseph Ferrentino
Charles Krolikowski
John O'Hara
Jane Samson
Michael Studenka
Paul Tetzloff
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.
About Newmeyer & Dillion
For almost 35 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, privacy & data security 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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Insurer’s Duty to Indemnify Not Ripe Until Underlying Lawsuit Against Insured Resolved
February 03, 2020 —
David Adelstein - Florida Construction Legal UpdatesA liability insurer has two duties: 1) the duty to defend its insured; and 2) the duty to indemnify its insured.
With respect to the second duty – the duty to indemnify – this duty is typically “not ripe for adjudication unless and until the insured or putative insured has been held liable in the underlying action.” Hartford Fire Ins Co. v. Beazer Homes, LLC, 2019 WL 5596237, *2 (M.D.Fla. 2019) (internal quotation omitted).
For instance, Beazer Homes involved an insurance coverage dispute stemming from construction defects. An owner sued its general contractor for construction defects relating to stucco problems. The general contractor paid for the repairs. The general contractor then sued its stucco subcontractor to recover the costs it incurred. The subcontractor tendered the defense of the lawsuit to its commercial general liability insurer which is defending its insured-subcontractor under the commonly issued reservation of rights.
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David Adelstein, Kirwin Norris, P.A.Mr. Adelstein may be contacted at
dma@kirwinnorris.com
How Berger’s Peer Review Role Figures In Potential Bridge Collapse Settlement
August 26, 2019 —
Richard Korman - Engineering News-RecordAs negotiations near a conclusion for a settlement with victims of last year’s fatal Florida International University bridge collapse, the role of the Louis Berger Group as peer review consultant is proving crucial. Attorneys for families of the six people who were killed and survivors say Berger is the last defendant that has not agreed to terms in lawsuits in state court in Miami against the companies that designed and built the bridge.
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Richard Korman, ENRMr. Korman may be contacted at
kormanr@enr.com
Insurance Policy’s “No Voluntary Payment” Clauses Lose Some Bite in Colorado
October 22, 2013 —
Brady Iandiorio — Higgins, Hopkins, McLain & Roswell, LLC.The Colorado Court of Appeals recently handed down an opinion dulling the teeth of the “no voluntary payment” clauses found in many contractors’ insurance policies. In the case of Stresscon Corporation v. Travelers Property Casualty Company of America, 2013 WL 4874352 (Colo. App. 2013), the Court of Appeals found that an insured’s breach of the “no voluntary payment” clause does not always bar the insured from receiving benefits from its insurance company.
In July 2007, at a construction project run by Mortenson (the “GC”), a partially erected building collapsed, killing one worker and gravely injuring another. The collapse was caused by a crane hook pulling a concrete component off of its supports. The GC contracted with Stresscon Corporation (“Stresscon”) to build pre-cast concrete components for the project, and in turn Stresscon hired two sub-subcontractors, RMS and Hardrock (the “Crane Team”) to work together to erect those concrete components. Stresscon and the Crane Team had liability insurance, and Stresscon was insured by Travelers Property Casualty Company of America (“Travelers”).
The accident led to three separate lawsuits: 1) one brought by the deceased worker; 2) one brought by the injured worker; and 3) one brought by the GC against Stresscon claiming it was entitled to contract damages incurred because the project was delayed.
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Brady IandiorioBrady Iandiorio can be contacted at
Iandiorio@hhmrlaw.com
Can Your Industry Benefit From Metaverse Technology?
November 06, 2023 —
The Hartford Staff - The Hartford InsightsAs the
metaverse evolves, we know there are inherent
risks for businesses. But what industries can we expect to be impacted and what are the potential upsides and opportunities?
“We are observing how different industries are incorporating this technology to better their business strategy. For example, companies are utilizing augmented reality to assess the risk for large catastrophes, like wildfires. This technology could help prevent major disastrous events if integrated properly,” said Michael Kearney, vice president of emerging technologies and innovation at The Hartford.
As virtual and augmented reality technologies become more popular, there is an uptick in demand across industries to mitigate risk, increase company efficiency and build brand awareness. There are several industries that may be significantly impacted by the evolution of the metaverse, including:
- Technology: It is anticipated that there will be cutting edge technologies at the forefront, building the infrastructure for the metaverse.
- Gaming: This industry has potential to be the center of the metaverse with gamers developing a deeper connection to the digital world.
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The Hartford Staff, The Hartford Insights
California Court of Appeal Makes Short Work Trial Court Order Preventing Party From Supplementing Experts
August 06, 2019 —
Garret Murai - California Construction Law BlogYears ago I recommended to a client that we hire a construction defect expert in a case. The client, a thrifty fellow, responded, “But I thought you were the construction expert. Why do I need to hire another expert? A fair question and one that caught me flat footed.
Whether I’m an “expert” or not can be debated, but I explained to the client that while I was an attorney whose practice focused on construction law, I was not someone who he would want to take the stand and testify about the engineering design and seismic stability of pilings. For that, he needed an expert.
In construction litigation it’s not uncommon for parties and their attorneys to hire “experts.” There are even special rules set forth in the California Code of Civil Procedure for disclosing, supplementing and deposing experts, which basically provide as follows:
1. Demand for Exchange of Expert Information: After the court sets a trial date in a case, any party may demand that each party exchange information concerning the experts they intend to have testify at trial;
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Garret Murai, Wendel, Rosen, Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com