Commercial

Mitigation of Construction Defect Litigation – Top 10 Construction Contract Issues

Insight
A construction contract will need to be reviewed thoroughly and revised to better protect the owner, and in the case of residential construction, should in particular, address 10 key issues, advises Rebecca W. Dow in Holland & Hart’s Construction Law Blog.

Uber Faces Criminal Probe Over the Secret ‘Greyball’ Tool It Used to Stymie Regulators

News
Some Uber employees told Reuters that the Greyball technique was used against suspected local officials who could have been looking to fine drivers, impound cars or otherwise prevent Uber from operating.

Creating Material Wealth for Business Owners & Labor with ESOPs

Event, June 1, 2017, New York
ESOPs are commonly used by an owner seeking to retire, however, in today’s business market of successful start-ups, there’s an opportunity to consider them earlier in the lifecycle of the company.

Kimberly-Clark Sues Spinoff Over $454 Million Gown Verdict

News
The plaintiff claims Halyard agreed to indemnify Kimberly-Clark for all costs tied to a lawsuit that accused the companies of misleading consumers about the safety of their MicroCool surgical gowns, Bloomberg reports.

U.S. Accuses UnitedHealth of Medicare Advantage Fraud

News
The accusation against the company is the latest, following separate lawsuits in two separate whistleblower lawsuits against the country’s largest health insurer, reports Reuters.

Lanier Law Firm Adds Experienced Oil & Gas Attorney Todd Grimmett

News
Veteran energy company in-house counsel Todd L. Grimmett has joined The Lanier Law Firm as a member of the commercial litigation team.

Using a TRO to Stop Legal Opponents in Their Tracks

Insight
a TRO provides immediate relief from the court system when a party can show irreparable harm will be caused if someone is allowed to remain in control of assets that belong to the company, writes Mehendru P.C.

3 Cases of Cross-Border Compliance Mishaps

Insight
The paper discusses three recent cases involving international brands, failure to meet U.S. compliance regulations yielded high penalties. Missteps like these not only cost billions in fines, they can also erode customer trust and public opinion.

Best Practices for Limiting Liability Arising from Smart Contract Vulnerabilities

Insight
Jared Butcher, writing in the Steptoe Blockchain Blog, offers six best practices to consider when implementing a smart contract.

Restrictive Covenants Can Swing Both Ways: A 3-Step Plan To Avoiding Legal Risks When Onboarding New Employees

Insight
Increased media attention on the practice of forcing lower-level employees to sign non-compete covenants, combined with the widely publicized report on non-compete restrictions issued by the Obama White House in its waning days, has led to an increase in the number of reported cases, writes Michael Elkon with Fisher Phillips.

Not an Inside Job: How Two Analysts Became SEC Whistleblowers

News
Reuters tells the story of how two analysts who liked to swap notes on numbers they thought looked odd took a fateful step and tipped off U.S. regulators about a company that one of them had watched for months.

Big Law Business Summit Set for May 24

Event, May 24, 12-6 p.m. New York
Bloomberg Big Law Business will host its 3rd annual Summit in Manhattan Wednesday, May 24, 2017, A networking lunch and cocktail reception will be included.

Jay Peak Resort Receiver Reaches $150 Million Settlement with Raymond James

News
Michael I. Goldberg, the SEC appointed receiver in charge of the Jay Peak Resort and Burke Mountain Hotel in Vermont, reached a settlement agreement with Raymond James that will significantly benefit the defrauded investors and creditors of the receivership estate.

Clear Arbitration Provision Deemed Enforceable

Insight
In his Petes’ Take blog for Porzio, Bromberg & Newman, Peter J. Gallagher describes a New Jersey case in which a court ruled that a clear arbitration provision, negotiated by a sophisticated party while represented by counsel, is enforceable.