Client Alerts & Publications
Nationwide Immigrant Strike May Trigger Excusable Delay and Other Contract Provisions
Published Date: February 5, 2017
Yesterday, February 16, 2017, media outlets reported a nationwide strike by immigrants and businesses referred to as “A Day Without Immigrants”. The protest, organized largely through social media, was a response by some to the Trump Administration’s immigration and foreign trade policies. Participating businesses shut down and immigrants refused to work or spend money in an e.ort to demonstrate the [...] Read More
Proposed Changes to Federal Lease Accounting Standards
Published Date: January 5, 2017
The Federal Accounting Standards Advisory Board (FASAB) has proposed amendments to federal lease accounting standards found within Statement of Federal Financial Accounting Standard (SFFAS) 5, ‘Accounting of Liabilities of the Federal Government,’ and SFFAS 6, ‘Accounting for Property, Plant, and Equipment,’ promulgated by FASAB. The proposals would require entities leasing property to the federal government, such as private landlords, to [...] Read More
Texas Federal Court Permanently Enjoins U.S. Department of Labor “Persuader Rule”
Published Date: November 25, 2016
As an update to our prior alert, on November 16, 2016, a federal judge in Texas issued a permanent injunction blocking the U.S. Department of Labor’s (“DOL”) “persuader rule” – a preliminary injunction had been granted this past June. In rendering the permanent injunction, the court adopted the reasoning of its prior June 27, 2016 decision that granted a nationwide [...] Read More
U.S. Government Bans Use of Mandatory Arbitration Agreements
Published Date: November 15, 2016
On September 28, 2016, the Centers for Medicare and Medicaid Services (“CMS”), which is part of the U.S. Department of Health and Human Services, issued a new rule that bans federal funding to any nursing home that requires its residents to enter mandatory pre-dispute arbitration agreements upon admission. The rule prevents nursing homes from forcing residents to submit any disputes [...] Read More
Fixing The Problem – Not The Blame (INET v DFW Airport Board)
Published Date: November 5, 2016
INET v DFW Airport Board, 2016 WL 1445205 (5th Cir., April 12, 2016) Who is responsible for defective design under Texas law? The contractor, under Lonergan? The owner, under Spearin? A recent Fifth Circuit decision suggests that in some cases this might be the wrong question when design responsibility is disputed. The appellate court recently remanded a case back to [...] Read More
