Business Law

‘Clean’ And ‘Dirty’ Experts In Construction Disputes

AUTHOR Peter Jerome Ankura Consulting Group LLC What are the key considerations in the appointment of both ‘clean’ and ‘dirty’ experts in formal dispute resolution? In the latest edition of Lawyer Monthly, Ankura quantum expert, Peter Jerome, draws on his extensive disputes experience to explore the roles that ‘clean’ and ‘dirty’ experts play in litigation …

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A Slammed (Open)Door: FTC Reaches $62 Million Proposed Settlement with Real Estate Company

AUTHORS  Baldassare Vinti, Jeffrey Warshafsky & Jana A. Ruthberg  Last month, the FTC announced that it reached a $62 million proposed settlement with Opendoor Labs, related to the Commission’s investigation of the company’s representations in advertising to prospective home sellers. Opendoor is an online real estate business in the “iBuying” (or “instant buying”) space. iBuying companies use algorithms …

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Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds

Preferred Contractors Insurance Company Risk Retention Group, LLC v. Baker and Son Construction, Inc., 2022 Wash. LEXIS 426 ( Aug. 11, 2022) Traditionally, general liability insurance contracts were “occurrence-based” contracts. Claims-made insurance contracts have been available for many years, most notably in the context of professional liability insurance. Beginning in the mid-1980s, claims-made contracts were …

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Is A Spouse Required To Give Prior Notice When A Business Sells All Or Substantially All Of Its Assets?

AUTHOR Keith Paul Bishop Section 1100 (d) of the California Family Code provides that, subject to two exceptions, “a spouse who is operating or managing a business or an interest in a business that is all or substantially all community personal property has the primary management and control of the business or interest” which means …

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Eighth Circuit Adopts Stricter But-For Causation Standard for False Claims Act Claims based on Anti-Kickback Violations

In a significant win for False Claims Act (FCA) defendants, the Eighth Circuit recently reversed a district court decision that defendants violated the FCA premised on violations of the Anti-Kickback Statute (AKS). The Eighth Circuit adopted a stricter but-for causation standard for FCA claims based on AKS violations, holding that, in order to prevail on …

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Minnesota Nonprofit Corporations — Bread and Butter Regulatory Considerations

Most of the 50 states (and the District of Columbia) have a specific statutory regime for nonprofit corporations. Some states, such as Delaware, regulate nonprofit corporations under general corporate statutes. Over the last 15 years, I have represented nonprofit organizations across the US, which has allowed me the need, opportunity, and desire to become familiar …

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Florida Power Company Sentenced in Worker Death Case

Incident Resulted in the Deaths of Five Workers A Florida corporation was sentenced in federal court in the Middle District of Florida after pleading guilty to a charge of willfully violating an Occupational Safety and Health Administration (OSHA) rule. The criminal charge related to an explosion at a coal-fired power plant in 2017 that caused …

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Jarkesy v. SEC: What is its potential impact?

The U.S. Supreme Court ruling in Jarkesy found that the SEC’s choice to vindicate fraud claims through its own administrative process violated the constitution for three separate reasons. What does that mean for administrative hearings going forward? When the Securities and Exchange Commission (SEC) decides to pursue formal enforcement proceedings against a company or individual, …

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