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ALABAMA COURT OF CIVIL APPEALS ADDRESSES PERMANENT TOTAL DISABILITY IN PROFESSIONAL EDUCATION SERVICES GROUP, LLC v. FORD

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Background Richard Ford suffered a work-related shoulder injury while employed by Professional Education Services Group, LLC (PESG). The parties stipulated that Ford had reached maximum medical improvement and that the sole issue for trial was the nature and extent of his disability. After trial, the circuit court determined that Ford was permanently and totally disabled…
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EPA WILL REASSESS SAFETY OF HERBICIDE PARAQUAT

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On January 9, 2026, the head of the U.S. Environmental Protection Agency (“EPA”) announced that the agency will reassess the safety of paraquat, an herbicide that remains legal in the United States despite bans in other countries. The decision reflects renewed scrutiny of paraquat’s health risks, particularly its alleged connection to Parkinson’s disease, and it…
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FLORIDA’S 558 NOTICE: A MANDATORY STEP BEFORE CONSTRUCTION DEFECT LITIGATION

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Under Florida law, a plaintiff may not file a construction defect lawsuit without first serving a pre-litigation notice, commonly called a “558 Notice,” on the contractor, subcontractor, supplier, or design professional alleged to be responsible for the defects. See Fla. Stat. § 558.004(1)(a) (2025). If the plaintiff fails to provide this notice, the court must…
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ALABAMA SUPREME COURT CLARIFIES APPLICATION OF THE CLEAN-HANDS DOCTRINE IN CASE INVOLVING SUBDIVISION ARCHITECTURAL COMMITTEE

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Restrictive covenants are a bureaucratic reality in the world of design professionals. However, in the legal realm, restrictive covenants and their prospective enforcement or relief therefrom are governed by equitable principles. In its recent decision in, Dendy v. Ryan, 2025 WL 3684707 (Ala. Dec. 19, 2025), the Alabama Supreme Court clarified the application of the…
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ILLINOIS AND NEW YORK LEAD THE WAY IN REGULATING ARTIFICIAL INTELLIGENCE IN HIRING  

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Illinois has emerged as a national leader in regulating the use of artificial intelligence (“AI”) in employment decisions, particularly in hiring and recruitment. Recent amendments and expansions to Illinois law significantly restrict how employers may use AI-driven tools, especially those that analyze video interviews, facial expressions, voice patterns, or other biometric-adjacent data, to evaluate job…
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FINRA RELEASES  2026 ANNUAL REGULATORY OVERSIGHT REPORT ADDRESSING RECENT CYBERSECURITY AND GEN-AI BASED THREATS

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On December 9, 2025, the Financial Industry Regulatory Authority (FINRA) released its Annual Regulatory Oversight Report (Report) recapping its notable findings and regulatory activities. The Report itself does not create any new legal obligations but rather serves as an informative resource to firms by providing effective practices based on current trends and evolving risks within…
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FEDERAL COURT VACATES BLACK PINESNAKE CRITICAL HABITAT DESIGNATION IN ALABAMA

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In Skipper v. United States Fish and Wildlife Service, 796. F. Supp. 3d 996 (S.D. Ala. 2025), the U.S. District Court for the Southern District of Alabama partially vacated the U.S. Fish and Wildlife Service’s (“FWS”) critical habitat designation for the black pinesnake, offering guidance on how agencies must justify occupied habitats and evaluate economic…
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TENNESSEE’S NEW THIRD-PARTY REVIEW AND INSPECTION LAW: IMPACT ON DESIGN AND CONSTRUCTION PROFESSIONALS

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Tennessee has enacted a significant change to its regulatory framework for design and construction. Public Chapter 771, passed in 2024, authorizes the use of qualified third-party professionals to conduct plan review and building inspections when the local authority fails to act within required timeframes. The law becomes even more consequential when paired with the State…
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