Search
“PFAS” is an acronym for per- and polyfluoroalkyl substances, a family of thousands of widely used manmade chemicals that resist grease, oil, water and heat. PFAS has been used in firefighting foams, protective coatings and stain-resistant garments and carpets. PFAS are mobile and persistent; they...
A recent Maryland appellate decision arising from an insurance company’s exercise of subrogation rights against negligent subcontractors in connection with tornado damage to a warehouse illustrates the pitfalls of waiver of subrogation clauses in construction contracts. In XL Insurance America, Inc...
On November 20, 2023, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced an $80,000 HIPAA settlement with Saint Joseph’s Medical Center (“SJMC”) in New York State. The settlement was the result of OCR’s investigation of SJMC after the Associated Press...
Matthew Kohel, a partner in Saul Ewing's Litigation Department, hosted a webinar discussing the implementation of best practices and responsible use policies to manage the risk of utilizing AI in the workplace. The presentation focused on the identification and management of risks that can arise...
On Halloween, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a $100,000 settlement under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’ Management Services (DMS), a Massachusetts medical management company that provides...
Saul Ewing's Construction Group is hosting a complimentary half-day symposium discussing hot topics in the industry. The morning will begin with a presentation by our keynote speaker, Dana Peterson, Chief Economist of The Conference Board, who will discuss the current state of the economy and a...
Florida’s lien law is once again under construction with significant changes which went into effect on October 1, 2023. The amendments impact various aspects of lien rights, notice requirements, bond amounts, and attorney fee recovery. Key Provisions and Implications Lien Rights Extended to...
Jim Goodrich will moderate a panel called “Following the Money in a Construction Project” during the 2023 HEREL Annual Conference at University of Minnesota. This session will address several money-related topics that arise over the course of a project such as allowances, contingencies, savings, and...
Throughout 2023, OSHA has implemented multiple policy changes meant to enhance its enforcement mechanisms, including increased funding and inspector hirings, revisions to the "instance-by-instance" violation policy, modifications to the Severe Violator Enforcement Program, and the new electronic...
The work of subcontractors is largely guided by the written contracts to which they agree, making those contracts important to their company’s success. Ideally, contracts should be balanced, and they should allocate risk to the party able to control the risk, but that is often not the case. Though...
On May 25, 2023, the Illinois legislature passed HB 2878, a colossal 195-page bill, that impacts numerous public procurement laws, including curbing the percentage of retainage that local governments may withhold from contractors on public construction projects in Illinois. On June 22, 2023, the...
Contractors could start seeing six-figure fines from the Occupational Safety and Health Administration (OSHA) in the next few months thanks to sweeping policy changes implemented earlier this year. In a press release and two internal memoranda issued January 26, 2023, the Department of Labor (DOL)...
This program discusses the basics of IT contracts for lawyers who are not IT specialists. Our presenters discussed some fundamental differences between traditional software licenses vs. agreements for Software-as-a-Service (SaaS) and cloud computing applications, how to address critical operational...
As construction is truly a team sport, a contractor’s success hinges on the contributions of all team members—the laborers and tradesman, the project managers and office personnel, c-suite executives, and, yes, the company’s lawyer. Too often, however, construction companies turn to counsel as a...
Earlier this month, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced two (2) different settlements, one with a HIPAA business associate for $350,000 and one with a HIPAA-covered entity pursuant to the OCR Right of Access Initiative for $15,000...
Contract Management: Tools for Improving Commercial Contract Processes Within Organizations Often times in-house counsel is responsible for oversight of negotiation, drafting, tracking, modification, and renewal of a high volume of commercial agreements, frequently working internally with non-legal...