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United States District Court Denies General Contractor’s Summary Judgment Motion Based On Statute Of Repose Issues Due To Contractor’s Actual Knowledge Of Construction Defects And Misrepresentations Of That Knowledge

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In Bristol Southside Association, Inc. v. Meridian Construction & Development, LLC, the United States District Court for the Northern District of Alabama denied the Defendant’s Motion for Summary Judgment, which it supported by arguing the Plaintiff’s claims were barred under Alabama’s statute of repose. 2020 WL 6712270. Plaintiff Bristol Southside Association, Inc. (“Bristol”) asserted several…
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Sec Adopts Rule Changes To Private Offering Exemptions

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On November 2, 2020, the SEC adopted amendments to “simplify, harmonize, and improve certain aspects of the exempt offering framework” under the Securities Act of 1933. The amendments are intended to meet evolving market needs by providing, among other changes, all of the following: greater clarity around the SEC’s integration doctrine that can pose challenges…
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Epa Issues Guidance Memorandum On County Of Maui’s Functional Equivalent Test

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The U.S. Environmental Protection Agency (EPA) has issued a Draft Guidance Memorandum following the recent U.S. Supreme Court decision in County of Maui v. Hawaii Wildlife Fund.  139 S.Ct. 1164 (2019).  This Guidance Memo attempts to give regulators and source owners additional clarity as to when the functional equivalent test should be applied.  County of…
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Osha Covid Investigations

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Across the nation, COVID-19 cases continue to rise and so have COVID-related complaints to the Occupational Safety and Health Administration (“OSHA”). OSHA has initiated over 1,000 investigations related to COVID, and as of October 22, 2020, OSHA had issued just under 150 COVID-related citations. OSHA has not developed standards specific to COVID-related concerns. Instead, it…
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Seventh Circuit Will Decide Supreme Court Impact On Groundwater Dispute

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The United States Court of Appeals for the Seventh Circuit will soon have the opportunity to apply the U.S. Supreme Court’s recent County of Maui v. Hawaii Wildlife Fund ruling to a long-running dispute between an environmental group and the owner of a coal-fired power plant. 140 S.Ct. 1462 (2020).  The case is Prairie Rivers Network v. Dynegy…
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Tennessee Appellate Court Sets Low Threshold For Satisfying Notice And Opportunity To Cure Requirements For Alleged Construction Defects

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In Liberty Constr. Co., LLC v. Curry, the Tennessee Court of Appeals, Nashville Division, reversed a lower court’s holding that the owners of a commercial building failed to provide a construction company with notice and a reasonable opportunity to cure a defect it allegedly caused. 2020 WL 6158461, at *1 (Tenn. Ct. App. Oct. 21,…
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New York Appellate Court Rules Owners Claim Against Architect Accrued Upon Completion Of The Project Rather Than When Damage Was Discovered

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In Town of West Seneca v. Kideney Architects, P.C., 2020 WL 5867490 (N.Y. App. Oct 2, 2020), a New York appellate court held a project owner’s claim against the architect accrued, and the statute of limitations began, upon completion of the project, rather than discovery of the damage.  Town of West Seneca, the project owner,…
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Finra Adopts Rule Regarding Registered Representatives Being Named A Customer’s Beneficiary Or Holding A Position Of Trust For A Customer

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FINRA recently adopted Rule 3241, limiting registered representatives from being named a customer’s beneficiary or holding a position of trust for a customer. The rule limits a registered representative from being named a beneficiary, executor or trustee, or to have a power of attorney or similar position of trust for or on behalf of a…
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President Trump’s Order On Combating Race And Sex Stereotyping And How It Impacts Government Contractors

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President Trump recently signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which seeks to “combat offensive and anti-American race and sex stereotyping and scapegoating,” and end “divisive concepts” covered in some of these workplace trainings. The EO establishes requirements aimed at “promoting unity in the Federal workforce,” by prohibiting messages in workplace…
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