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Finra Issues Guidance Regarding Predispute Arbitration Agreements For Customer Accounts

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FINRA recently issued Regulatory Notice 21-16 “FINRA Reminds Members About Requirements When Using Predispute Arbitration Agreements for Customer Accounts.” The Notice reminds members firms about certain requirements when using predispute arbitration agreements for customer accounts, as FINRA has recently become aware of customer agreements containing provisions that do not comply with FINRA rules. Under FINRA…
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Texas Appellate Court Reaffirms Holding That Certificate Of Merit Addressing Individual Engineer’s Alleged Negligence Satisfies Requirements As To The Employer

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In Carlson, Brigance & Doering, Inc. v. Compton, 2020 WL 7233612 (Tex. App. Dec 8, 2020) the Court of Appeals of Texas held that a Certificate of Merit addressing the alleged negligence of an individual engineer does not have to separately address the employer’s alleged negligence arising out of the same acts or omissions.  Forestar…
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Order To Conduct Telephonic Benefit Review Conferences Extended Until July 29, 2021

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On March 18, 2020, pursuant to §§ 12-2-30(b)(8) and 25-5-12, Ala. Code 1975, on March 18, 2020, Chief Justice Tom Parker issued “Administrative Order Concerning Workers’ Compensation Cases During the Period of Suspension of In-Person Proceedings”, authorizing circuit judges to conduct workers’ compensation settlement hearings telephonically or by videoconferencing.  This Order also authorized the use…
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Sec Division Of Examinations Announces 2021 Examination Priorities

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The SEC Division of Examinations recently announced its examination priorities for fiscal year 2021, discussing key risks, trends, and examination priorities in an overall effort to promote and improve compliance. The two largest programs run by the Division, Investment Adviser/Investment Company Program and Broker-Dealer and Exchange Program, focus on the protection of retail investors and…
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Supreme Court Dismisses Florida’s Case Against Georgia Over Water Use In The Apalachicola Chattahoochee Flint River Basin

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In an April 1, 2021 ruling, the U.S. Supreme Court unanimously dismissed Florida’s claims against Georgia in a long-running dispute over the use of water in the Apalachicola-Chattahoochee-Flint (ACF) river basin. State of Florida v. State of Georgia, 141 S.Ct. 1175 (2021).  The court rejected Florida’s request for an order requiring Georgia to reduce its…
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Southern District Of Florida Holds That Pedestrian Bridge Consultant Is Not Subject To Professional Negligence Statute Of Limitations Due To Lack Of Contractual Privity With Bridge Owner

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In March 2018, a pedestrian bridge collapsed at Florida International University (“FIU”) in Miami-Dade County, Florida. Magnum Construction Management, LLC v. WSP USA Solutions, Inc., 2021 WL 799448 (S.D. Fla. 2021). FIU had retained Plaintiff Magnum Construction Management, LLC (“Magnum”) to design and construct an elevated pedestrian bridge. Magnum contracted with FIGG Bridge Engineers, Inc….
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Appellate Courts To Hear Business Owners’ Claims For Insurance Coverage For Business Interruption

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This week has seen a few notable updates in the ongoing dispute regarding insurance coverage for business interruption resulting from COVID-19-related business closures, as federal and state appellate courts finally have had the opportunity to weigh in on these arguments. On September 29, 2020 in Iowa, United States District Judge Charles R. Wolle granted with…
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Massachusetts Supreme Court Rules That Statute Of Repose For Construction And Design Defect In Multi-Building Project Ran When Each Building Was Substantially Completed

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In D’Allessandro v. Lennar Hingham Holdings, LLC, 2020 WL 6438937 (Mass. Nov. 3, 2020), the Massachusetts Supreme Judicial Court held the statute of repose governing the claims for design and construction defects for a multi-building condominium project began to run when each building was opened for its intended use or was substantially completed, not when…
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