As a matter of first impression, the Alabama Supreme Court held that a general contractor’s failure to obtain a required Municipal and Utility (“MU”) classification before entering into a construction contract does not automatically render the contract void. Construction Services, LLC v. RAM-Robertsdale Subdivision Partners, LLC, No. SC-2025-0774, 2026 WL 1755510 (Ala. June 18, 2026)….
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In PacifiCorp v. Sixkiller, No. 24-4803, 2026 WL 2277099 (9th Cir. Aug. 7, 2026), the Ninth Circuit affirmed dismissal with prejudice of PacifiCorp’s challenge to Washington’s Climate Commitment Act (“CCA”). PacifiCorp argued that the Washington State Department of Ecology violated the Dormant Commerce Clause through enforcement of decarbonization requirements under the CCA by providing no-cost…
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In MAPP, L.L.C. v. Floor and Decor Outlets of America, Inc., the United States Court of Appeals for the Fifth Circuit affirmed the denial of a motion to compel arbitration, holding that an arbitration provision giving the project owner sole discretion to elect arbitration was adhesionary and unenforceable under Louisiana law. Floor and Decor Outlets…
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Must a policyholder wait until it exhausts its underlying insurance limits before it can sue a higher-layer excess insurer? The Supreme Court of California recently said no, reconciling a split in California case law. Fox Paine & Co., LLC v. Twin City Fire Ins. Co., No. S287404, 2026 WL 2148053 (Cal. July 27, 2026). Insured…
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On August 18, 2026, the Securities and Exchange Commission (“SEC”) issued its proposed new rules directed at crypto based transactions. The proposed regulation, titled Regulation Crypto Assets (the “Regulation”), sets forth guidelines pertaining to the use of crypto assets within investment contracts. The term crypto asset is generally defined as an asset generated, issued, or…
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Two recent opinion letters from the U.S. Department of Labor’s Wage and Hour Division (“DOL”) provide additional guidance on when employee travel between home and work constitutes compensable time under the Fair Labor Standards Act (“FLSA”). Together, these letters illustrate an important distinction for employers: an employee’s ordinary commute generally remains unpaid, but an employer…
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The U.S. Equal Employment Opportunity Commission (“EEOC”) recently took a significant step that may affect how employers evaluate affirmative action and diversity-related employment practices. On June 30, 2026, the EEOC voted to rescind two longstanding guidance documents that had provided employers with the agency’s interpretation of when voluntary affirmative action plans could comply with Title…
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On June 4, 2026, the Supreme Court of the United States released its unanimous opinion in the case Sripetch v. SEC, 146 S. Ct. 1403 (2026). The Court granted certiorari to address a widening division among the Circuit Courts of Appeals as to whether the SEC must demonstrate evidence of investor losses when seeking enforcement…
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In Milling v. Burns & McDonnell Engineering Co., the Georgia Court of Appeals revived an injured worker’s negligence suit against an engineering firm, Burns & McDonnell Engineering Co. (“BME”), reversing summary judgment entered in the BME’s favor. The Court held an engineer performing program-management and coordination work owes a common-law duty of ordinary care to…
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In 951 Harbor Drive, LLC v. SD Construction, LLC, the homeowner, 951 Harbor Drive, LLC (“Plaintiff”) appealed an order of the Judicial Circuit Court of Florida which granted SD Construction, LLC, the general contractor’s (“Defendant”), Motion for Summary Judgment. 951 Harbor Drive, LLC v. SD Constr., LLC, 394 So. 3d 690 (Fla. 3d DCA 2024)….
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