Washington was the first state to adopt the Uniform Antitrust Pre-Merger Notification Act. Signed into law in April 2025 and effective as of July 27, 2025, the Washington law establishes new premerger filing requirements for...more
In a decision that may reshape how states administer their unclaimed property statutes, the Tenth Circuit held that property owners can pursue takings claims against the Colorado State Treasurer (Treasurer) without exhausting...more
The U.S. Supreme Court’s recent decision in Lackey v. Stinnie, 145 S. Ct. 659 (2025), limits the ability of civil rights litigants to recover their attorney fees under the Civil Rights Attorney’s Fees Awards Act, specifically...more
The U.S. Court of Appeals for the Fourth Circuit recently announced two important rules in two eminent domain opinions. Both cases involved pipeline access easements that the condemnor properly took under the Natural Gas Act....more
On April 23, 2024, the Federal Trade Commission voted to issue a final rule that bans nearly all noncompete agreements in the employment context. Although the rule is scheduled to go into effect 120 days after it is published...more
On February 19, 2016, an antitrust official with the U.S. Department of Justice (DOJ) announced the agency’s increased emphasis on individual accountability, and a renewed commitment “to holding accountable the highest-level...more
Construction work done under an agreement between a general contractor and a subcontractor clearly has the property owner—the ultimate recipient of the construction work—in mind. It is somewhat counterintuitive, then, that...more
Welcome to our final issue of Under Construction in 2013. We hope your year has been filled with health, happiness, peace and prosperity. We thank you for your readership, and we continue to appreciate the opportunities we...more
In Utah, an agreement to indemnify in a construction contract is governed by Utah’s anti-indemnification statute, Utah Code Ann. § 13-8-1. Utah’s anti-indemnification statute defines an “indemnification provision” as an...more
Welcome to our summer 2013 issue on indemnity and additional insured provisions in the Southwest. While contractual provisions that define liability in the event of accidental damage or loss affect most construction projects,...more