When entering into construction contracts, the question of which state’s laws will govern is a pivotal consideration. Choice of law has real-world implications for how construction disputes are resolved. Different states have…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Construction Law
As we reported earlier this year, the Department of Labor (“DOL”) issued a final rule on April 23, 2024 (the “Final Rule”), raising the salary threshold for the so-called “White-Collar” Exemptions and the Highly Compensated…
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/ Civil Procedure, Labor & Employment Law
While change orders are widely viewed as a mechanism to increase the contract price in a construction contract, sophisticated players understand that change orders can and should be used to manage claims…
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/ Commercial Law & Contracts, Construction Law
In construction disputes, owners typically deal with defects within the scope of work of the subcontractor or vendor by pursuing claims directly against the general contractor. The owner, however, may consider pursuing claims…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law
As we predicted back in our May post, the sky is not falling in the world of non-compete agreements. After the Federal Trade Commission (“FTC”) issued its controversial final rule on April 23, 2024, which voided existing…
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/ Antitrust & Trade Regulation, Civil Procedure, Labor & Employment Law
Coordination between the Owner-Architect Agreement and the Owner-Contractor Agreement is crucial for any successful project. In particular, parties most commonly overlook the provisions related to an Initial Decision Maker…
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/ Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Construction Law
The commercial real estate market is in the process of adjusting to lower property valuations. Much recent focus has been on office buildings, and the fallout from enduring reductions in occupancy associated with remote and…
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/ Bankruptcy, Finance & Banking, Real Estate - Commercial, Taxation
The term “rollover equity” is frequently used in discussions about the sale of middle market companies (which often is described as meaning companies with enterprise values from $10 million to $1 billion[1]), but frequently is…
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/ Business Organizations, Mergers & Acquisitions, Taxation
This article focuses on the state of Texas law regarding wellbore rights and various related issues raised by transactions involving such rights (and other similar lease severance issues) and provides some practical tips to help…
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/ Business Organizations, Energy & Utilities, Real Estate - Commercial
The construction industry is a cornerstone of Texas’s robust economy, and timely payments are critical for maintaining the health of this sector. To ensure that contractors, subcontractors, and suppliers are paid promptly for…
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/ Commercial Law & Contracts, Construction Law
The Department of Justice ("DOJ") is wasting no time in implementing the new cyber-security Executive Order (the EO), signed on February 28, 2024. As explained in our April 2024 blog post, the EO aims to portect Americans’ data…
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/ Consumer Protection, Privacy
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064 (the “Guidance"). This update is the first of its kind in 30…
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/ Civil Rights, Labor & Employment Law
The Department of Labor (“DOL”) issued a final rule on April 23, 2024,* raising the salary threshold for the so-called “White-Collar” and “HCE” Exemptions to the Fair Labor Standards Act’s (“FLSA”) overtime pay requirement (the…
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/ Labor & Employment Law
The Federal Trade Commission (“FTC”) made waves on April 23, 2024, when it issued a final rule that (1) voids existing non-compete agreements, with two exceptions; and (2) prohibits employers from entering into new non-compete…
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/ Antitrust & Trade Regulation, Labor & Employment Law
This post is the second installment discussing best practices for conducting a Human Resources compliance audit. The first installment of the series provided an overview of the compliance audit process and practical advice at…
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/ Labor & Employment Law
