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Rhode Island Supreme Court Rules Engineer That Prepared Documents For Public Bidding Did Not Owe Duty To General Contractor

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In John Rocchio Corporation v. Pare Engineering Corporation, 2019 WL 575822 (R.I. Feb 13, 2019), the Warwick Sewer Authority (“WSA”) contracted with Pare Engineering Corporation (“Pare”) to provide pre-bid services, including preparing a Request For Proposal (“RFP”) to be provided to general contractors submitting bids.  Pare completed the RFP and WSA received bids from five…
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Finra Extends Deadline For Broker Dealers To Self Report 529 Savings Plan Violations As Part Of New Initiative

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FINRA recently announced a self-reporting initiative to promptly compensate harmed investors and promote firms’ compliance with the rules governing the recommendation of 529 savings plans.  529 plans are tax-advantaged plans that are designed to encourage saving for the future educational expenses of a designated beneficiary, and shares are commonly sold in different classes, with fees…
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Georgia Supreme Court Rules In Favor Of Insurer On Failure To Settle Claim

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The Georgia Supreme Court granted certiorari in Hughes v. First Acceptance Ins. Co. of Ga., Inc., 343 Ga. App. 693, 808 S.E.2d 103 (2017), to review whether the Court of Appeals erred in reversing the grant of summary judgment to the insurer on the insured’s failure-to-settle claim. The Court also asked the parties to address…
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Texas Supreme Court Holds Joint Venture Liability Cap Inapplicable To Defense Costs

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On January 25, 2019, the Texas Supreme Court issued a unanimous ruling reversing the lower court’s holding regarding an insurers’ obligation to pay a significant amount of legal defense costs that resulted from its liability in the Deepwater Horizon oil spill.  See Anadarko Petroleum Corp. v. Houston Casualty Co., No. 16-1013 (Tex. Jan. 25, 2019).  The…
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Highlights From The Finra 2019 Risk Monitoring And Examination Priorities Letter

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FINRA released its 2019 Risk Monitoring and Examination Priorities Letter.  Compared to previous years, this Letter takes a novel approach by highlighting those topics that will be materially new areas of focus for FINRA’s risk monitoring and examination programs this year.  The Letter also identifies areas of ongoing concern that FINRA will continue to review….
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The Alabama Supreme Court Reverses Prior Precedent And Clarifies Venue In A Workers’ Compensation Action Against A Foreign Corporation

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Venue for actions against corporations, both domestic and foreign, are governed by Ala. Code §6-3-7(a)(3) (1975). The statute provides an action may be brought against a corporation in “the county in which the plaintiff resided, or if the plaintiff is an entity other than an individual, where the plaintiff had its principal office in this…
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Ninth Circuit Holds Tip Credit Cannot Apply To Certain Types Of Work

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The Fair Labor Standards Act of 1938 (“FLSA”) establishes minimum wage, overtime pay, record keeping requirements and child labor standards.  It also allows employers to take a “tip credit,” in certain tipped occupations, such as a server, in order to offset the employer’s obligation to pay hourly minimum wage.  Employers can pay as little as…
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