Presented by the International Municipal Lawyers Association (IMLA), the panel focused on the association's Construction Contracts Drafting Initiative: Construction Manager at Risk (CMAR) which, is a building delivery method that requires a commitment by a construction manager to deliver the project within a guaranteed maximum price. This delivery method is especially helpful for small municipalities facing complex projects and, if done properly, can be extremely effective. The session provided IMLA members with a forum to engage in substantive discussions regarding effective terms and conditions in construction contracts for public projects utilizing CMAR.
The session explored the human resources and employee relations side of strong employee communications during an investigation as well as the legal issues and associated risks involved. Britt-Marie and Abby covered the types of communications that are typically made and how such communications can be tailored based on the workplace and the investigation, the balance that must be achieved between transparency and confidentiality during an investigation, how to handle employee questions and concerns, and techniques for handling leaks and communications crises in the workplace.
The New Source Review Workshop was attended by industry, federal and state environmental regulators, and environmental consultants, and focused on recent reforms to the Clean Air Act’s preconstruction permit program known as “New Source Review.” Brian’s presentation focused on legal challenges to these reforms and likely next moves by the EPA.
Presented by Strafford, the CLE webinar focused on recent trends in class action settlements at the preliminary approval, final approval, and new post-final approval stage. Panelists covered this new trend and offered insight on how judges are intervening to ensure that class action settlements are paid out in a fair and timely manner.
Presented by Lawline, this CLE course provided an overview of labor and employment implications in international business transactions. The program described common scenarios in which these issues might arise and included an overview of the application of U.S. laws abroad, international legal considerations, common defense, and practical considerations to keep in mind when handling these matters.
The article covers the qualifications for an EB-1B Outstanding Researcher green card case, case assessment and best practices for a successful EB-1B Outstanding Researcher green card case, tips for a successful petition, and presenting a winning case.
The live webinar focused on how drones can collect valuable data and increase productivity, safety, and efficiency across all industries. Kathryn also covered the Federal Aviation Administration’s (FAA) Part 107 regulations, waivers, the FAA “DroneZone” and the FAA’s LAANC portal, enforcement at both the state and federal level, voluntary best privacy and security practices, and compliance with these regulations and practices.
The article focuses on the use of physical ability tests (PATs) in the scrap industry which, are used to ensure that employees can perform the job’s essential functions. The piece goes on to cover two recent settlements with the Equal Employment Opportunity Commission that demonstrate the potential exposure unlawful PATs can cause. Earl, Jon, and Abby encourage companies using PATs to consider other practical alternatives in order to avoid federal law violation. “If you decide PATs are necessary, regular re-evaluation and validation, including legal review by competent counsel, could reduce your risk of a discrimination claim or lawsuit.”
The presentation explored best practices, from both a legal and project management perspective, in mitigating losses and managing expectations yet, preserving rights when construction projects go bad.
Presented by the Information Coalition, Ms. Rattigan delivered the opening keynote presentation on “Cybersecurity & the Commercial Drone Industry: Threats and Mitigation of Risk." The program covered how drones can collect valuable data and increase productivity, safety, and efficiency across all industries.
The CLE webinar covered the issue of personal jurisdiction over corporate defendants in the wake of the Supreme Court’s 2017 Bristol-Myers Squibb v. Superior Ct. and BNSF Railway Co. v. Tyrrell rulings. The program reviewed the progression of the Court’s prior decisions on corporate jurisdiction, lower court decisions issued since the BMS/BNSF rulings, and key unresolved legal issues in the year following the BMS decision.
Co-sponsored by the Massachusetts Bar Association (MassBar) Dispute Resolution Section and Health Law Section, the program offered insight on the nuances of dispute resolution in recoupment, reimbursement and other payor-provider disputes. The session covered the importance of provider agreements as well as the policies, procedures and other documents incorporated by reference into those agreements, and considerations in selecting mediators and arbitrators for health care disputes.
Marty's presentation focused on contracting trends and pitfalls in work letters governing the design and construction of real estate leased to or by colleges and universities, from alternate funding and delivery models to risk management techniques, which institutions are using to keep the lights on and stay competitive.
During the afternoon breakout session, Rich and Jim covered the pending appeal they brought of a Connecticut Department of Energy and Environmental Protection (DEEP) declaratory ruling interpreting provisions of Connecticut’s Remediation Standard Regulations and Licensed Environmental Professionals Regulations. They offered insight on the far-reaching implications the ruling could have on the petroleum industry in Connecticut, which could lead to added uncertainty, added costs, and delay in getting sites cleaned up. The appeal is currently on hold, as the court remanded the matter back to DEEP, ordering DEEP to consider additional information submitted by the petitioner.
Brian’s program offered an overview of federal underground storage tank (UST) regulations, with a focus on changes in 2018, and covered testing and inspection requirements and a number of areas of flexibility permitted as states implement these regulations. The session also offered insight on state-specific implementation of new rules.
YIMBY (Yes In My Back Yard) is a pro-development grassroots movement and YIMBYtown 2018 was the third annual national YIMBY gathering for community organizers, political leaders, educators, and everyday people to identify problems, create solutions, and share resources on the issues that impact housing on the local, state, and national levels. YIMBYtown 2018’s goal was to advance a model of organizing that builds bridges to new allies, promotes racial diversity and equity, and wins housing campaigns. Matt’s first session was a discussion on “How Can the Federal Government Encourage Housing Development?” The program examined how the federal government can play a role in encouraging the type of development that will create vibrant and walkable communities across the country for people of all income levels. He also facilitated a discussion on “YIMBY as a political movement,” which focused on developing a movement-wide strategy on increasing YIMBY influence in electoral politics.
This edition of the book is based on Mr. Blaesser's real estate development practice and provides a practitioner's guide to limiting government abuse of discretion in government decision making. The book also offers practical litigation tips for handling land use regulations in light of key court rulings. Highlights in the 20th edition include a discussion of (1) the new multifactor test for determining the denominator (relevant parcel) in a regulatory takings claim as announced by the U.S. Supreme Court in Murr v. Wisconsin; (2) a new form of abuse of discretion––administrative bodies acting "legislatively"; (3) the meaning of "adequate consideration" in development agreements; (4) the viability of the U.S. Supreme Court's Central Hudson four-part test for determining the constitutionality of commercial speech regulations after the Court's decision in Reed v. Town of Gilbert; and (5) further developments under the U.S. Green Building Council’s rating system, LEED v4. To review the table of contents of Discretionary Land Use Controls, click here.
Ms. Hamilton reviewed recent trends with building contractors soliciting assignment of benefits with personal lines and commercial lines claims; described assignment of benefits strategies employed by public adjusters, attorneys, and real estate purchasers; evaluated what the law in various jurisdictions says about rules governing assignment of benefits; and analyzed adjusting strategies adjusters might consider when faced with various forms of assignment of benefits.
The half-day forum, held at Connecticut State University’s Institute of Technology and Business Development, featured a range of topics including Connecticut’s new mortgage lending laws, emerging compliance rules, what the Dodd Frank “rollback” law means for the mortgage industry, the lobbyists’ perspective on the legislative climate in the state, and comments from the Connecticut Department of Banking on the 2018 Connecticut legislative session.
The lunchtime webinar covered the peculiarities of construction defect insurance claims under standard commercial general liability policies. Mr. Haas and Mr. Lee offered insight on a variety of common recurring issues that the courts continue to wrestle with, including policy definitions of property damage and occurrence, and they addressed relevant case law and legislation.
Ms. Freedman was among the participants that contributed to a project entitled “Privacy in the Digital Age: A Project for France” on July 26, 2018 in Providence, Rhode Island. Presented by the U.S. Department of State’s International Visitor Leadership Program, the three-week project addressed political, economic, and social issues in relation to the digital era with sessions taking place in six different locations across the U.S. Attendees from France included a high level expert on artificial intelligence from the European Commission, the head of legal and international affairs for the Ministry of Culture and Communication, and a data protection advisor to the president and the secretary general. The themes covered in the Providence session included compliance with state and federal privacy and security laws and regulations, state emergency data breach response and mitigation, and U.S.-based corporations’ efforts to comply with GDPR.