The California FAIR Plan (the FAIR Plan) was created to provide insurance for high-risk properties that are difficult to insure through private carriers. It is a private association made up of property and casualty insurers,...more
In a legal malpractice action arising out of revisions to a client's estate plan, the appellate court considered whether an attorney has a duty to evaluate a client's mental capacity and, if so, whether the plaintiff alleged...more
Introduction: Overview of Site Inspections & Scope Development - Construction consulting experts are often engaged by insurance companies, attorneys, or others to assess reported damage to property and determine the scope...more
The California legislature recently passed Assembly Bill 2424, which, as more fully explained below, will have a significant and imminent impact on the nonjudicial foreclosure process of residential real estate. Existing...more
Mold growth on surfaces indicates that moisture is, or has been, present in an indoor environment. Direct microscopic examination (by a mycologist) is the primary method to determine whether mold or other fungi have grown on...more
The U.S. Department of Defense (DOD) has long questioned whether contractors and their supply chains have been fully compliant with existing cybersecurity requirements aimed at protecting Controlled Unclassified Information...more
Effective June 28, 2024, a significant change has been enacted through L. 2024, A4705 (c. 21), which increases the annual assessment rate for Health Maintenance Organizations (HMOs). This new legislation raises the HMO...more
On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et...more
The Food and Drug Administration ("FDA") recently issued its first warning letter to a domestic entity after conducting a remote regulatory assessment ("RRA"), indicating increased confidence and likely broader use of RRAs in...more
The Virginia General Assembly had a busy 2024 session with several changes impacting Virginia community associations. We highlight below the new laws of greatest significance to property owners’ associations and condominium...more
The March 21, 2024, announcement that the prudential bank regulators have decided to postpone the scheduled April 1, “applicable” date for the Facility-based assessment areas, the new Public File section and the Public Notice...more
The U.S. Department of the Interior (DOI) published a proposed rule aimed at modernizing and streamlining the “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response,...more
The use of Civil Money Penalties (CMPs) is a major tool in the US Department of Labor (USDOL) arsenal to bring employers into compliance, or to punish them, depending on one’s viewpoint. The USDOL has now ramped up the...more
The FDIC recently approved a final rule to impose a special assessment on banks to recover losses in connection with the decision to guarantee uninsured deposits at two failed banks in March 2023. No banking organizations...more
On June 22, 2023, New York State Public Health Law § 2802-b, added a Health Equity Impact Assessment (HEIA) to the Certificate of Need (CON) process for certain health care facilities. The new requirement comes as part of...more
The Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) have issued a new joint statement focused on anti-discrimination in lending practices as they relate to noncitizens. This guidance not only...more
The digital age has generated an unprecedented data influx threatening even the most formidable enterprises. The challenges are no longer just about competition or market share; it is a battle against time, complexity, and...more
In August 2023, S&P Global announced that it would be changing its approach to its ESG Scores on corporate sustainability performance, citing inconsistent company disclosures. The “S&P Global ESG Scores Methodology” is an...more
Heating, ventilating, and air-conditioning systems and equipment are often included in residential and light commercial building damage loss claims or forensic property assessments, especially those system components that are...more
While telemedicine visits and digital health records have brought about significant improvements in healthcare accessibility and efficiency, they also present unique challenges in the context of casualty claims and injury...more
The FDIC (Federal Deposit Insurance Corporation) is inviting public feedback on a proposed rule that aims to levy a special assessment on all banks with FDIC-insured deposits. Set to go into effect on January 1, 2024, the...more
A new bill to regulate AI is working its way through committees in the California legislature. Here are a few points of the proposed law (AB331), which would impact business with 25 or more employees, unless the tool...more
In response to the sudden proliferation of AI programs, like ChatGPT, on April 11, 2023, the National Telecommunications and Information Administration (NTIA) – an Executive branch agency responsible for advising the...more
Budget Hearings Continue with Focus on Trash Collection, Illegal Dumping, Crime- Budget hearings continued this week, with officials from the Streets Department addressing ways to combat illegal dumping and continue to...more