In Florida, a third-party bad-faith action may be pursued under the common law or the civil remedy statute, but a first-party bad-faith claim must be brought under the civil remedy statute. Macola v. Gov’t Emps. Ins. Co., 953 So. 2d 451, 457 (Fla. 2006). Some states, including Alabama, allow a claimant to file a bad-faith…
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During the 2023 legislative session, the Alabama State Legislature passed Act #2023-477, significantly impacting architects, engineers, and other design professionals in the state. Introduced by State Senator Clyde Chambliss, this bill aims to protect clients who may not be familiar with professional liability insurance policies and their coverage. Signed into law on June 14, 2023,…
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On April 12, 2024, the United States District Court for the District of Columbia issued a ruling revoking the State of Florida’s permitting authority under the Clean Water Act. In Center For Biological Diversity v. Regan, the district court granted partial summary judgment in favor of the environmental group plaintiffs, holding that Florida’s Department of…
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In Luse Thermal Technologies, Inc. v. Graycor Industrial Contractors, Inc., 221 N.E.3d 701 (Ind. Ct. App. 2023), the Indiana Court of Appeals held a “no damages for delay” contractual clause barred a subcontractor from recovering damages when it accelerated its own work to account for delay caused by others. On May 17, 2018, BP entered…
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The Securities and Exchange Commission (the “SEC”) has announced settled enforcement proceedings against audit firm BF Borgers CPA PC and its owner, Benjamin F. Borgers (together, “BF Borgers”), charging them with deliberate and systemic failures to comply with Public Company Accounting Oversight Board (“PCAOB”) standards in its audits and reviews of hundreds of public companies,…
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Under the Fair Labor Standard Act (“FLSA”), overtime pay is one and one-half times an employee’s regular pay rate for every hour that is worked beyond the 40 hours in a workweek. Almost all hourly workers are automatically eligible for overtime pay; however, workers who are paid on a salary basis are only eligible for…
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FINRA recently announced a six-month suspension penalty for a broker who utilized WhatsApp to communicate with firm customers about securities-related business. These communications included obtaining authorization to buy and sell stock, discussions about account performance, and discussions related to customer complaints. During its investigation, FINRA found the communications took place between November 2020 and January…
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In J&H Grading & Paving, Inc. v Clayton Construction Company, Inc., 441 S.C. 272 (2023), the South Carolina Court of Appeals held that statutory language expressly prohibits parties from conditioning payment to the subcontractor upon the owner’s payment to the general contractor and makes any agreement to the contrary unenforceable. Clayton Construction Company, Inc. (“Clayton”),…
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On April 23, 2024, the Federal Trade Commission (“FTC”) voted to adopt a new rule banning noncompete agreements. The rule prohibits employers from enforcing agreements to prevent employees from working for competitors or starting a competing business once their employment has ended. FTC’s new rule applies to any agreement containing a noncompete clause, defined as…
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On May 3, 2024, the EPA published a final rule detailing the processes by which the EPA will evaluate the risks certain chemicals pose to human health and to the environment under the Toxic Substances Control Act (TSCA). The TSCA authorizes the EPA to maintain a database of all chemical substances manufactured in or imported…
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