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FLORIDA LEGISLATURE IMPOSES NEW CONFLICT OF INTEREST DISCLOSURE REQUIREMENTS ON ARCHITECTS AND ENGINEERS PERFORMING STRUCTURAL INSPECTIONS

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The Florida Legislature has continued to strengthen oversight of residential condominium buildings. HB 913 – signed into law in 2025 and effective July 1, 2025 – introduces significant new obligations for architects and engineers who perform Milestone Inspections and Structural Integrity Reserve Studies (“SIRS”) on condominium and cooperative buildings. Particularly significant to design professionals is…
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ELEVENTH CIRCUIT DENIES RUSSIAN IMMIGRANT RELIEF IN NATIONAL ORIGIN AND RELIGIOUS DISCRIMINATION CLAIMS AGAINST WALMART

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On December 22, 2025, the United States Court of Appeals for the Eleventh Circuit held that Walmart was entitled to summary judgment as to claims of hostile work environment, religious discrimination, and retaliation from a former employee and Russian immigrant, affirming a ruling from the United States District Court for the Southern District of Alabama…
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AMBIGUOUS POLICY LANGUAGE COSTS MILLIONS

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When an insurer attempts to limit its exposure, it must keep all of the policy in mind—not just a few discrete parts. Recently, the United States District Court for the Northern District of Texas determined that a ransomware attack did not fall within the cyber insurance policy’s “Ransomware Sub-Limit Endorsement,” and the insurer was unable…
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FINRA’S REGULATORY NOTICE 26-06 SUGGESTS POTENTIAL RESTRUCTURING OF CURRENT ARBITRATION PROCESSES

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On March 2, 2026, the Financial Industry Regulatory Authority (FINRA) released Regulatory Notice 26-06, requesting feedback and commentary on current arbitration processes utilized for dispute resolution among brokers and customers. FINRA’s recent publication comes at a time when its existing dispute resolution system has been under heavy criticism from industry parties and investors. The measure…
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ALABAMA ENACTS NEW STANDARDS FOR ENVIRONMENTAL RULEMAKING

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On February 19, 2026, Alabama Governor Kay Ivey signed Senate Bill 71 (Act 2026-81), a law that significantly changes how Alabama state agencies may adopt and enforce environmental regulations. The law establishes a federal ceiling for most environmental standards and introduces a heightened evidentiary threshold for regulating substances not currently addressed at the federal level….
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ATTORNEY’S FEES AND LIABILITY APPORTIONMENT IN THIRD‑PARTY CONSTRUCTION CLAIMS

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In Babin Builders & Development, Inc. v. Quinones, Florida’s First DCA held that apportionment of liability on claims asserted in the original complaint does not control an award of attorney’s fees on a third‑party complaint raising separate issues between the third‑party litigants. 402 So. 3d 468, 471 (Fla. 1st DCA 2025). In Babin Builders, the…
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SUSTAINED PART-TIME GAINFUL EMPLOYMENT CAN DEFEAT CLAIM FOR PERMANENT TOTAL DISABILITY

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In BISCO Refractories, Inc. v. Wesley Dean, the Alabama Court of Civil Appeals reversed a trial court’s finding of permanent total disability (PTD) for an employee who sustained serious back and heel injuries in a workplace fall. A functional-capacity evaluation (“FCE”) performed by occupational therapist David Bledsoe concluded that he could fully perform sedentary and…
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FLORIDA COURT LIMITS CONTRACTUAL WAIVERS OF CONSEQUENTIAL DAMAGES IN AIA CONTRACTS

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In Orlando Health, Inc. v. HKS Architects, Inc., 792 F. Supp. 3d 1298, 1299 (M.D. Fla. 2025), the Middle District of Florida held a waiver of consequential damages under the AIA “Standard Form of Agreement Between Owner and Architect” was not applicable to the owner’s costs of remediation stemming from a deficient design. The dispute…
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REMOTE WORK AS AN ADA ACCOMMODATION IN A POST-COVID LANDSCAPE

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There has been a trend over the past several years of employers enforcing return-to-work policies. With return-to-work requirements, employers may see an increase in employees requesting Americans with Disabilities Act (“ADA”) accommodations to work from home, especially as advancements in technology make remote work possible., Employers may face the question of whether they should grant…
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TOPPLING THE TOWER: TWO WORDS WHICH MIGHT CAUSE YOUR INSURANCE TOWER TO COLLAPSE

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Insurance towers provide significant protection for many businesses. Insurance towers are comprised of a primary insurer followed by layers of excess insurers. Once the primary insurer’s policy limits have been exhausted, the first layer excess insurer takes over until its policy limits are exhausted. This process continues until the claim is paid in full or…
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