Since 1989, Lloyd, Gray, Whitehead & Monroe, P.C. has steadily and consistently grown from 4 to 36 attorneys providing full-service litigation for clients throughout the Southeast. We recently added another chapter to our history, opening an office in Florida to complement our headquarters in Alabama. We continue to grow and expand our staff, but ever mindful of our belief in staying lean and efficient. We serve our clients best with effective outcomes.

NEWS + MEDIA

architects and engineers

TENNESSEE’S STATUTE OF REPOSE APPLIES TO CLAIMS FOR CONTRACTUAL INDEMNITY

The statute of repose is a powerful defense for a design or construction professional, since most provide an absolute bar to claims filed outside the repose period. Tennessee’s statute of repose was recently found to apply to contractual indemnity claims, when the United States District Court for the Middle District of Tennessee granted summary judgment to a third-party defendant sued by a landscape architect for claims of contractual indemnity. Hinman v. BrightView Landscape Dev., Inc., No. 3:19-cv-00551, 2022 WL 4231019, at *1 (M.D. Tenn., Sept. 13, 2022), appeal docketed, No. 22-6019 (6th Cir. Nov. 21, 2022).

construction

NEW JERSEY COURT WEIGHS IN ON RISK ALLOCATING PAY IF PAID CONTRACTUAL PROVISIONS FOR THE FIRST TIME

In JPC Merger Sub LLC v. Tricon Enterprises, Inc., 2022 WL 17479912 (N.J. Super. Ct. App. Div. Dec. 7, 2022), the Appellate Division of the Superior Court of New Jersey upheld the enforceability of pay-if-paid provisions in subcontracts so long as the terms are “clear” and “unambiguous.” Pay-if-paid provisions mean a subcontractor gets paid by the general contractor only if the owner pays the general contractor for that subcontractors work. These provisions are meant to shift the risk of the owners nonpayment under the subcontractor from the contractor to the subcontractor. These provisions are unenforceable in some states, enforceable as written in others, and enforceable only if the provision is clear and unambiguous in other states. Prior to this case, New Jersey had not weighed in on the issue through either statute or judicial opinion.

environmental

SUPREME COURT MAY BRING CLARITY TO WETLANDS PROTECTED UNDER CLEAN WATER ACT IN SACKETT V. ENVIRONMENTAL PROTECTION AGENCY

The Supreme Court heard oral argument in Sackett v. Environmental Protection Agency on October 3, 2022. Sackett involves property owners challenging an EPA compliance order determining that a property on which the Sacketts intended to build a home was a wetland as defined in the Clean Water Act (CWA). Sackett v. U.S. Env't Prot. Agency, 8 F.4th 1075, 1079 (9th Cir. 2021), cert. granted in part sub nom. Sackett v. Env't Prot. Agency, 211 L. Ed. 2d 604, 142 S. Ct. 896 (2022).

employment

FEDERAL TRADE COMMISSION PROPOSES RULE TO BAN NONCOMPETE AGREEMENTS

On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule to ban non-compete agreements between employers and workers. The proposed rule would prevent employers from requiring workers to agree to contract clauses that prevent the worker from seeking or accepting employment with another employer or operating a business after the conclusion of the worker’s employment. The only exception to the proposed rule is non-compete agreements stemming from the sale of a business or ownership interest in a business. The FTC has proposed the rule on the basis that non-compete agreements are unfair methods of competition, and it estimates that the rule would increase American workers’ earnings between $250 billion and $296 billion per year.

securities

FINRA’S EXAMINATION AND RISK MONITORING PROGRAM

The Financial Industry Regulatory Authority (“FINRA”) has released its 2023 report regarding FINRA’s Examination and Risk Monitoring Program (the “Report”). FINRA’s intent is that the Report be an up-to-date, evolving resource which member firms can use to strengthen their compliance programs. This year’s Report addresses a materially broader range of topics than in prior years. Additionally, the Report introduces a new Financial Crimes section, consisting of four topics—Anti-Money Laundering (AML); Fraud and Sanctions; Cybersecurity and Technological Governance; and Manipulative Trading—that highlight FINRA’s increased focus on protecting investors and safeguarding market integrity against these ongoing threats.

workers compensation

JOHN WEBB SPEAKS AT AWCO 2022 ANNUAL CONFERENCE

John Webb, Chair of LGWM’s Workers’ Compensation Practice Group, spoke at the Alabama Workers’ Compensation Organization (AWCO) 2022 Annual Conference. The Conference took place November 3-4 in Birmingham, Alabama. John teamed up with Dana Mattiace (Senior Adjuster/Team Lead) with SteadPoint Risk Management Services to provide new adjuster training for approximately 40 workers’ compensation adjusters from across the United States. The presentation titled: “Handling Alabama Claims From Start To Finish” covered issues important for adjuster new to handling Alabama workers’ compensation claims.

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PRACTICE AREAS

Architects and Engineers/Design Professionals

Construction

Coverage

Employment

Environmental

Fair Housing and Public Accommodation

General Liability

Insurance Fraud/Special Investigations

Medical & Healthcare

Professional Liability

Securities

Worker's Compensation

Architects and Engineers/Design Professionals

Architects and engineers are held to a higher standard of care. When disputes arise alleging a design or engineering flaw, these professionals may be exposed to liability claims involving their livelihood, reputation and professional licensure. We recognize the level of skill and knowledge required to vigorously defend architects and engineers when they are accused of failing to meet the standard of care. We represent design professionals throughout the country.

Construction

Every construction defect dispute presents a unique set of circumstances requiring the experience and versatility our construction litigation team offers. LGWM’s Construction Practice Group includes experienced attorneys who understand the issues and complexities involving building projects.