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Tennessee Supreme Court Rules The Economic Loss Doctrine Does Not Bar Fraud Claim By Subcontract Against A General Contractor

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In Commercial Painting Co. Inc. v. Weitz Co. LLC, the Supreme Court of Tennessee ruled the economic loss doctrine does not extend to fraud related to construction contract disputes.  The case arose from a contract dispute between a general contractor, The Weitz Company, LLC (“Weitz”), and its subcontractor, Commercial Painting Company, Inc. (“Commercial”). In 2004,…
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Enhancements To The Expungement Process

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Effective October 16, 2023, FINRA adopted amendments to its Codes of Arbitration Procedure (Codes) to modify the process relating to requests to expunge customer dispute information in the FINRA Dispute Resolution Services (DRS) arbitration forum. FINRA operates the Central Registration Depository (CRD), and customer dispute information maintained in CRD is reported through Forms U4 and…
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EEOC Issues Proposed Guidance On Workplace Harassment

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On September 29, 2023, the Equal Employment Opportunity Commission (“EEOC”) released its revised “Proposed Enforcement Guidance on Harassment in the Workplace”. If successful, the proposed guidance would be EEOC’s first update on workplace harassment since the previous update in 1999.  The new proposal considers recent changes in the law on issues of workplace discrimination and…
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Arbitration Award Affirmed By Alabama Supreme Court

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Arbitration in construction and design disputes can be a tempting alternative to resolving disputes outside of the traditional setting of a courtroom. However, once an arbitration award is issued, there is a high bar to be cleared should a disgruntled party move to have it vacated. Escapes! To the Shores Condo. Ass’n, Inc. v. Hoar…
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Employment Protections To Expand Amid Data Privacy Regulations

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Public interest continues to shift due to a growing belief that individuals own their personal information and have the right to control it. As such, human resource departments can expect to see more employment protections amid growing regulations affecting human resource data. Several states have enacted Privacy Acts, including Colorado, Utah, Virginia, California and Illinois….
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South Carolina Court Rules That A Contractor Sued By Purchaser Was Limited To Equitable Indemnity Claim Against Architect For Its Incurred Expenses

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In BEI-Beach, LLC v. Christman, a contractor was sued by the purchaser of a development for construction defects and a South Carolina appellate court held that the contractor was limited to an equitable indemnity claim against the project architect to recover damages for design defects that caused the contractor to incur expenses resulting from having…
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Finra Faces Litigation That Questions Its Governing Authority

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In an effort to delay FINRA’s expedited death sentence it imposed following its ruling that, Alpine Securities be expelled from the industry over allegations it misused customer funds and violated compliance rules, the broker dealer has taken direct action against FINRA and filed an injunction pending appeal. In its Emergency Motion for Injunction Pending Appeal,…
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Epa And Army Corps Of Engineers’ Most Recent Regulations Defining Waters Of The United States Take Effect Immediately

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On September 8, 2023, the Army Corps of Engineers and Environmental Protection Agency published new standards defining “waters of the United States” as it relates to regulations under the Clean Water Act. The new regulations took effect immediately to fill a void left by the Supreme Court’s ruling in Sackett v. Environmental Protection Agency, 598…
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Finra Broker Barred For Making False Statements And Providing Falsified Documents

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The Financial Industry Regulatory Authority has barred a veteran financial advisor for providing falsified financial documents and making false statements during an investigation in violation of FINRA Rules 8210 and 2010. Timothy James Breslin, who owned and operated his own registered investment advisory firm, TJB Wealth Management (CRD # 325641), submitted a Letter of Acceptance,…
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Epa Denies Alabama’s Coal Ash Disposal Plan

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On August 3, 2023, the Environmental Protection Agency (“EPA”) issued a proposed denial of Alabama’s permit program to manage coal ash in landfills and surface impoundments. The EPA claims Alabama’s program is significantly less protective of people and waterways than required by federal regulations. This is the first time the EPA has proposed denying a…
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