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TEXAS APPEALS COURT WATERS DOWN CERTIFICATE OF MERIT REQUIREMENT FOR PROFESSIONAL LIABILITY CLAIMS AGAINST ARCHITECTS AND ENGINEERS

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Certificates of Merit serve a critical role in establishing professional liability claims against licensed design professionals. Texas is one of twelve (12) states that requires a plaintiff to file a Certificate of Merit with a lawsuit alleging professional negligence against architects, engineers, and other licensed professionals. This requirement arises out of the Texas’ legislature’s desire…
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NEW MEXICO COURT OF APPEALS HOLDS ONE-SIDED ARBITRATION CLAUSE SUBSTANTIVELY UNCONSCIONABLE

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In Atlas Electrical Construction, Inc. v. Flintco, LLC, 550 P.3d 881 (N.M. Ct. App. 2024), the Court of Appeals for New Mexico declared an arbitration provision in a contract, in which the contractor retained the exclusive right to choose the dispute resolution method, was so one-sided it was substantively unconscionable and unenforceable. Flintco, LLC (“Flintco”)…
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BROKER-DEALER NUMBERS CONTINUE TO DECLINE

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The number of brokerage firms in the United States continues to shrink, even as fee-only advisory firms gain momentum—a sign of how quickly the financial services industry is moving away from commission-based business models.  According to the Financial Industry Regulatory Authority’s (FINRA) 2025 Industry Snapshot, the number of registered broker-dealers dropped to 2,840 at the…
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FINRA RELEASES 2025 ANNUAL REPORT

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The Financial Industry Regulatory Authority, Inc. (“FINRA”) has published its 2025 Annual Regulatory Oversight Report (the “Report”). This year, the Report adds new topics relating to the third-party risk landscape, registered index-linked annuities and extended hours trading. The Report also includes new content on various topics from last year’s report, including cybersecurity, artificial intelligence (“AI”)…
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EMPLOYERS CONSIDERING LAYOFFS MUST ABIDE BY THE WARN ACT

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As President Donald Trump continues his ongoing trade wars, including tariffs, businesses are responding with massive layoffs to shoulder the increased cost of production. Mack Trucks, Volvo, General Motors and Estée Lauder are some of the employers that have announced layoffs, specifically citing the impact of the Trump Administration’s tariffs. Smaller employers are also laying…
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AI CLAIMS HANDLING AND BAD FAITH LITIGATION

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Artificial Intelligence (AI) is constantly revolutionizing industries, and claims handling is no exception. These advancements come with growing pains: the use of AI in claims determinations has become the subject of bad-faith litigation. Although AI is relatively new, the bad faith arguments are not. Bad faith lawsuits concerning the use of technology in claims handling…
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ARKANSAS COURT OF APPEALS RULES STATUTE OF REPOSE DOES NOT OVERRIDE SAVINGS STATUTE

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The Arkansas Court of Appeals for the Third Division recently held Arkansas’ statute of repose did not take precedent over Arkansas’ savings statute. Thompson Thrift Constr., Inc. v. Modus Studio, PLLC, 2025 Ark. App. 193, 709 S.W.3d 898 (2025), involved a dispute related to alleged construction defects in a housing complex built in August 2014….
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U.S. SUPREME COURT DECISION IN SEVEN COUNTY INFRASTRUCTURE COALITION V. EAGLE COUNTY NARROWING THE SCOPE OF NEPA REVIEW

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The Supreme Court recently issued a decision in Seven County Infrastructure Coalition v. Eagle County, 605 U.S. ___ (2025). The Court held that NEPA requires environmental assessments only of the specific project under review, not of side effects caused by separate actions. It also reaffirmed courts must show strong deference to agency decisions on environmental…
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