In Trs. of Bos. Univ. v. Clough, Harbour & Assocs. LLP, 255 N.E.3d 596 (Mass. 2025), the Massachusetts Supreme Court (“Court”) held that the tort statute of repose that sets a time bar for filing tort actions for damages arising out of design defects was not applicable against a design firm based on the indemnification…
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The Securities Industry and Financial Markets Association (SIFMA), a trade association representing broker-dealers, investment banks, and asset managers, submitted a thoughtful and pragmatic letter to FINRA on July 11, 2025, proposing five critical reforms to enhance the fairness, efficiency, and professionalism of FINRA’s arbitration process. These proposals aim to modernize the system, ensuring it meets…
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In Palmetto Pointe at Peas Island Condo. Prop. Owners Ass’n, Inc. v. Island Pointe, LLC, 445 S.C. 543, 915 S.E.2d 501 (2025), the Supreme Court of South Carolina addressed the proper application of the state’s setoff doctrine when multiple defendants are found jointly and severally liable for the same injury in a construction defect case….
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On June 20, 2025, the U.S. Supreme Court issued a decision in Diamond Alternative Energy, LLC v. Environmental Protection Agency, 606 U.S. ___, 145 S.Ct. 2121 (2025). The Supreme Court determined that fuel producers have Article III standing to challenge the EPA’s 2022 approval of California’s vehicle emissions standards and electric vehicle mandates under the…
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On June 5, 2025, the Supreme Court, in Ames v. Ohio Department of Youth Services, unanimously held that majority-group plaintiffs are not required to meet a heightened evidentiary standard of showing background circumstances to establish a prima facie case for reverse discrimination. 605 U.S. ___, 145 S.Ct. 1540 (2025). The plaintiff, Marlean A. Ames (“Ames”),…
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Artificial Intelligence is an emerging technology that rapidly has infiltrated all aspects of everyday life, including business and commerce. AI allows users to quickly perform and complete tasks that ordinarily would take substantial time, energy, and human effort to achieve a finished result. AI products are readily available to users, both in free, open source…
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On June 30, 2025, the United States Supreme Court invited the Solicitor General to submit the federal government’s views on whether it should hear Monsanto Co. v. Durnell, a case involving Bayer’s glyphosate-based herbicide, Roundup. The central legal issue concerns whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state failure-to-warn claims when product…
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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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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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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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