In Ortega v. JW Marriott Investment, LLC, — So.3d —-, 2025 WL 610824 (Fla. 3d DCA, Feb. 26, 2025), the Florida Third District Court of Appeals reversed a summary judgment ruling in a case with direct implications for architects and engineers working on integrated pedestrian and vehicle infrastructure. The Court held that disputed issues of…
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In Retreat at Charleston Nat’l Country Club Home Owners Ass’n, Inc. v. Winston Carlyle Charleston Nat’l, LLC, 2025 WL 466562 (S.C. Ct. App. Feb. 12, 2025) the South Carolina Court of Appeals issued an opinion clarifying what is required for an indemnity agreement between a contractor and its subcontractors to be enforceable. The case involved…
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In a sweeping policy shift, Securities and Exchange Commission (SEC) Chair Paul Atkins announced a plan to modernize the agency’s regulatory approach to cryptocurrency, signaling a more accommodating stance for digital asset innovation while reaffirming the SEC’s oversight responsibilities. Speaking at a roundtable hosted by the SEC’s crypto task force, Atkins made clear that one…
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In the case of Alabama v. United States Army Corps of Eng’rs, No. CV 15-696 (LLA), (D.D.C. Mar. 31, 2025), a legal dispute between the State of Alabama and the United States Army Corps of Engineers (the “Corps”), with the State of Georgia and other entities as intervenor-defendants, was resolved in favor of the Corps…
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In recent years, salary transparency has evolved from a workplace taboo into a defining feature of modern employment law. Driven by shifting societal expectations and evolving labor market norms, jurisdictions across the United States are codifying pay transparency requirements—fundamentally reshaping compensation practices and imposing new compliance obligations on employers. At its core, pay transparency is…
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In 1955, the Alabama Supreme Court established a rule that loss-of-use damages in vehicle cases were recoverable only if the vehicle was repairable. Hunt v. Ward, 79 So. 2d 20, 25-26 (Ala. 1955) (the “Hunt rule”). This meant that an interested party could not recover “for both [the] total loss of an automobile and loss…
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In a significant Clean Water Act ruling, on March 4, 2025, the U.S. Supreme Court narrowed the Environmental Protection Agency’s (“EPA”) authority under the National Pollutant Discharge Elimination System (NPDES) permitting process. The decision in City and County of San Francisco v. Environmental Protection Agency, 604 U.S. ___, 145 S. Ct. 704 (2025) strikes down…
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As claim adjusters know, a thorny issue in many liability claims is whether the insured is entitled to independent counsel. Jurisdictions take three general approaches to independent counsel. In some jurisdictions, such as Mississippi, whenever a carrier is defending under a reservation of rights, the insured is entitled to independent counsel. Moeller v. American Guar….
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In JohnsonKreis Construction Company, Inc. v. Howard Painting, Inc., 2025 WL 877784 (Ala. Mar. 21, 2025), the Supreme Court of Alabama reversed a trial court’s grant of summary judgment that invalidated a proportional indemnity provision in a construction subcontract. The Court held that indemnification clauses allocating liability based on proportional fault—even in wrongful death cases…
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On March 3, 2025, the Securities and Exchange Commission’s (SEC) Division of Corporation Finance announced significant enhancements to its confidential filing process for draft registration statements. These changes aim to facilitate capital formation while maintaining robust investor protections. Evolution of Confidential Submissions The concept of confidential submissions was introduced under the Jumpstart Our Business Startups…
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