Congratulations to our 2019 Southern California Super Lawyers Rising Stars
July 30, 2019 —
John Arbucci, Frances Brower, Lisa Hsiao, Kristian Moriarty & Michael Parme - Haight Brown & Bonesteel LLPCongratulations to attorneys John Arbucci, Frances Brower, Lisa Hsiao, Kristian Moriarty and Michael Parme who were selected to the 2019 Southern California Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys
T. Giovanni “John” Arbucci,
Frances Brower,
Lisa Hsiao,
Kristian Moriarty and
Michael Parme
Mr. Arbucci may be contacted at jarbucci@hbblaw.com
Ms. Brower may be contacted at fma@hbblaw.com
Ms. Lisa may be contacted at lhsiao@hbblaw.com
Mr. Kristian may be contacted at kmoriarty@hbblaw.com
Mr. Parme may be contacted at mparme@hbblaw.com
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Insurer Not Responsible for Insured's Assignment of Policy Benefits
February 21, 2022 —
Tred R. Eyerly - Insurance Law HawaiiThe Florida Court of Appeals affirmed the lower court's granting summary judgment to the insurer after failing to abide by an assignment to which it was not a party. Expert Inspections, LLC v. United Property & Cas. Ins. Co., 2022 Fla. App. LEXIS 88 (Fla. Ct. App. Jan. 5, 2022).
The insured's property sustained damage from Hurricane Irma resulting in a covered loss. The insured retained Expert Inspections to perform mold-related services. As payment, the insured assigned her policy benefits pursuant to an assignment of benefits agreement. Under the agreement, the insured agreed to cooperate with the assignee to ensure that payments were made by the insurer upon completion of work. The insured gave authority to the assignee to endorse any checks with her name listed on the check.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
President Trump Repeals Contractor “Blacklisting” Rule
March 29, 2017 —
Garret Murai – California Construction Law BlogFormer President Obama’s so-called “Blacklisting” rule was short-lived.
On Monday, President Trump signed a joint resolution eliminating the rule, which had required bidders on federal projects with a value in excess of $500K to report state and federal labor and safety violations within the past three years. The Blacklisting rule, also known as the Fair Pay and Safe Workplaces Executive Order 13673, only went into effect in October 2016.
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Garret Murai, Wendel Rosen Black & Dean LLPMr. Murai may be contacted at
gmurai@wendel.com
Judge Dismisses Suit to Block Construction of Obama Center
April 04, 2022 —
The Associated Press - BloombergChicago (AP) -- A federal judge has dismissed a lawsuit that sought to prevent the construction of the Obama Presidential Center in a park on Chicago's South Side.
In a ruling issued Tuesday, U.S. District Judge Robert Blakey rejected the contention by the group Protect Our Parks that the city's park district improperly gave control of the land in Jackson Park to former President Barack Obama's foundation in violation of the public trust.
The city, Blakey wrote, “did not abdicate control or ownership of the OPC site to the Obama Foundation.”
Citing the state law that governs museums, the judge wrote that the Obama Center will ”confer a public benefit because they ’serve valuable public purposes, including ... furthering human knowledge and understanding, educating and inspiring the public, and expanding recreational and cultural resources and opportunities.”
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Bloomberg
Examining Best Practices for Fire Protection of Critical Systems in Buildings
July 16, 2023 —
Jon Jones - Construction ExecutiveProtecting building occupants and first responders is critically important when designing and constructing commercial buildings. The National Fire Protection Association (NFPA), devoted to eliminating death, injury, property and economic loss from fire, electrical and related hazards, was formed in 1896. Shortly afterward, in 1897, the National Electrical Code (NEC) was established to standardize electrical safety for wiring, alarms and related equipment. Since the birth of these two important standardizing organizations, fire codes have been constantly modified to meet the changing safety needs of new infrastructure.
In 1996, the NEC identified key circuits for fire survivability, including emergency systems, fire pumps and fire alarms. Per the 1996 code, these circuits needed to be able to survive for one hour in case of fire. However, in the late 1990s and early 2000s, these requirements began to shift to demand two hours of survivability.
Reprinted courtesy of
Jon Jones, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Illinois Supreme Court Announces Time Standards for Closing Out Cases
April 11, 2022 —
Zachary Shelton - Lewis Brisbois(April 4, 2022) - Beginning July 1, 2022, Illinois trial courts will begin imposing new time standards for closing out pending cases. This change follows the Illinois Supreme Court’s March 25, 2022 announcement setting new time standards for case closure in trial courts. This announcement will apply to all cases filed in the State of Illinois on or after January 1, 2022.
According to the recent announcement, the purpose of the new Time Standards Order (the Order) is to assist Illinois circuit courts with “meeting their fundamental obligation to resolve disputes fully, fairly, and promptly” by establishing a uniform, statewide expectation for parties, attorneys, and judges regarding the status of cases that will require each court to evaluate its actual performance compared to a statewide expectation.
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Zachary Shelton, Lewis BrisboisMr. Shelton may be contacted at
Zachary.Shelton@lewisbrisbois.com
Time To “Construct” New Social Media Policies
March 28, 2022 —
Aaron C. Schlesinger, Lauren Rayner Davis & Jennifer Harris - ConsensusDocs1. The Social Media Dilemma
Social media has significantly impacted all facets of society, especially the way people communicate. Its impact and application to the construction industry is no different. TikTok, the video-sharing platform, is one of the world’s most popular platforms today, with over one billion active users monthly. From just one video, users can gain thousands—if not millions—of followers overnight. Social media has been used to present a narrative that the workplace can be fun, or that employees are enjoying working together. Social media can also, however, serve as a tool to document a perfect storm of events, such as a building collapse or crane malfunction, which can then be misconstrued and smeared throughout the internet, all with your company’s logo in the background.
So, what happens when an incident on your jobsite is branded across social media as a #constructionfail, and the project owner ultimately initiates legal action? Can this video be used against your company? Can employers limit or otherwise restrict employees’ social media activity to avoid potential liability? How does the existence of social media posts affect dispute resolution procedures?
Reprinted courtesy of
Aaron C. Schlesinger, Peckar & Abramson, P.C. (ConsensusDocs),
Lauren Rayner Davis, Peckar & Abramson, P.C. (ConsensusDocs) and
Jennifer Harris, Peckar & Abramson, P.C. (ConsensusDocs)
Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com
Ms. Davis may be contacted at ldavis@pecklaw.com
Ms. Harris may be contacted at jharris@pecklaw.com
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Draft Federal Legislation Reinforces Advice to Promptly Notify Insurers of COVID-19 Losses
April 20, 2020 —
James Hultz - Newmeyer DillionInsurers across the country are nearly universally denying claims for business interruption stemming from the COVID-19 pandemic. Those denials have in turn been met with swift litigation and potential legislative action. The first business interruption coverage lawsuit related to COVID-19 was filed in New Orleans on March 16. There are now no less than 13 such cases nationwide and many more are likely to follow. Further, legislatures in at least seven states are considering legislation that would, to varying degrees, mandate business interruption coverage for COVID-19 losses, notwithstanding any seemingly contrary policy provisions.
From the early stages of the pandemic, we have consistently advised our clients to promptly notify their insurers of all COVID-19 related losses, even where coverage appeared uncertain. The deluge of coverage litigation and contemplated legislation could drastically alter how insurers handle COVID-19 claims. But policyholders who have failed to satisfy policy notice requirements could miss out on the benefits of those changes. Therefore, policyholders would be ill-advised to sit on the sidelines and wait it out.
Now, draft Federal legislation appears to add further impetus to instructions to “tender early.” The contemplated “Pandemic Risk Insurance Act of 2020” would reportedly devote billions of dollars of federal funds through a Department of Treasury administered reinsurance program designed to offset losses sustained by insurers who actually pay business interruption losses. The legislation is still taking shape but would reportedly create “a Federal program that provides for a transparent system of shared public and private compensation for business interruption losses resulting from a pandemic or outbreak of communicable disease.” President Trump is also reportedly pressuring insurers to provide business interruption coverage. The massive influx of federal funds and pressure from the White House could encourage insurers to reconsider denials of COVID-19 business interruption claims.
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James Hultz, Newmeyer DillionMr. Hultz may be contacted at
james.hultz@ndlf.com