The American Institute of Architects Releases New Sustainable Project...
On May 17, 2012, the American Institute of Architects (the "AIA") released five new construction documents relating to sustainable project construction, or "green"...
View ArticleKentucky's Court Of Appeals Upholds Indemnity Exclusion in Directors and...
On May 18, 2012, the Kentucky Court of Appeals rendered a decision that is important to every Kentucky entity that maintains insurance coverage for the benefit of its directors and officers.
View ArticleSixth Circuit Draws Bright Lines Under FDCPA
By reversing the dismissal of a complaint against defendant debt collectors, the Sixth Circuit in Bridge v. Ocwen Fed. Bank, FSB, Appellate Case No. 09-4220, drew bright lines under two provisions of...
View ArticleLegal Options of Small Business Owners Who Accept Late Payments
Contractors, suppliers, and service providers are falling prey to another symptom of the economic recession - slow pay or no pay contract parties. The Wall Street Journal reports that this trend is...
View ArticleArbitrating The Surety's "Special Defenses": The Scope Of The Arbitration...
Arbitration of construction disputes is a matter of agreement. Arbitration will not occur without a contract clause or other form of agreement selecting arbitration as the dispute resolution method....
View ArticleAre You Ready for the 2014 Large Employer Health Insurance "Option" to "Pay...
“The Court today decides to save a statute . . . [and] rules that what the statute declares to be a requirement with a penalty is instead an option subject to a tax.” National...
View ArticleEffective Immediately, Construction Employers Must Adapt to Revised...
On March 8, 2013, the U.S. Citizenship and Immigration Services (“USCIS”) published a new Employment Eligibility Verification Form I-9 (“I-9”). With a revision...
View ArticleHow Effective Are Forum Selection Clauses In Design Or Construction Contracts?
Construction and commercial contracts frequently include provisions that require any disputes under the contract to be litigated in a specifically named forum. Subject to certain state and federal...
View ArticleThe Servicemembers Civil Relief Act: What it means for creditors' rights
The Servicemembers Civil Relief Act (“SCRA”) was enacted in 2003 as a modern update to the Soldiers’ and Sailors’ Civil Relief Act of 1940. Congress’s...
View ArticleRecent Bankruptcy Ruling on Unrecorded Mortgage Gives Bank Win over Trustee
The Bankruptcy Code does no favors for a bank holding an unrecorded mortgage at the time the bankruptcy petition is filed. The Code allows a trustee to avoid the bank’s lien and pursue the...
View ArticleEPA’s Final Rule Accepts New ASTM Standards For All Appropriate Inquiries
On December 30, 2013, EPA issued its Final Rule which recognized that complying with the latest version of the ASTM Phase I Environmental Site Assessment Standards (E 1527-13) complies with the EPA all...
View ArticleContract Drafters Beware: No Appeal Arbitration Provisions May Not Be...
Inclusion of “no appeal” provisions in arbitration clauses has increased in recent years, as parties seek finality to the costly and time-consuming arbitration process. Commercial...
View ArticleIRS Announces Guidance on Same Sex Marriage and Retirement Plans
On April 4, 2014, the IRS issued long awaited guidance on the application of the U.S. Supreme Court’s decision in United States v. Windsor on June 26, 2013, concerning same sex marriage to...
View ArticleCollecting Charge-Offs: A Valuable Source of Revenue (Part One of Three-Part...
At the height of the Great Recession—the fourth quarter of 2009—banks charged off 3.1% of all loans, resulting in a net loss of nearly $51 billion in that quarter alone. Over $27...
View ArticleCollecting Charge-Offs: A Valuable Source of Revenue (Part Two of Three-Part...
In this three-part series, Stites & Harbison (“S&H”) is examining the opportunities banks have to recover the large amount of loans that were charged off in the Great...
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