In this episode of The Employment Law Counselor, in collaboration with the Professional Liability Underwriting Society, Victoria Fuller, Partner and Co-Chair of Labor and Employment Practice Group, and Laura Corvo, Counsel, are…
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/ Civil Rights, Labor & Employment Law
At its recently concluded annual meeting, the Uniform Law Commission (ULC) voted final approval of the Uniform Assignment for Benefit of Creditors Act (“Act”).
Set forth below is a short discussion of “ABCs” as they…
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/ Bankruptcy, Commercial Law & Contracts, Conflict of Laws
Our previous report on the Chapter 11 case of 23andMe discussed the Sale Order entered by the Bankruptcy Court on June 27, which approved the proposed sale of substantially all of the assets of the company. We noted that given…
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/ Bankruptcy, Privacy
Often times, subrogation practitioners take the “kitchen sink” approach when pursuing claims: they name all potentially liable parties under all available legal theories and whittle down from there. With construction defect…
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/ Civil Procedure, Commercial Law & Contracts, Construction Law
In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction defect…
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/ Commercial Law & Contracts, Construction Law, Real Estate - Commercial
Last month Restructuring Perspectives highlighted crucial issues at the intersection of privacy and distress presented by the Chapter 11 case of 23andMe. Specifically, “Data for Sale” discussed the recent appointment of a…
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/ Bankruptcy, Business Organizations, Consumer Protection, Privacy
In Trustees of Boston University v. Clough, Harbour & Associates LLP, 495 Mass. 682, the Supreme Court of Massachusetts held that the tort statute of repose for improvements to real property did not bar a contract claim where…
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/ Commercial Law & Contracts, Construction Law, Real Estate - Commercial
What happens to sensitive personal information shared by consumers when the company collecting that information encounters financial distress? That exact issue is currently front and center in the Chapter 11 proceedings of…
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/ Bankruptcy, Consumer Protection, Privacy
In Wang v. Maserati N. Am., Inc., C.A. No. 23-2402, 2025 U.S. Dist. LEXIS 61446, the United States District Court for the District of New Jersey (District Court) considered the admissibility of the opinions of plaintiffs’…
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/ Civil Procedure, Products Liability
Bob Robison Com. Flooring Inc. v. RLI Ins. Co., 2025 U.S. App. LEXIS 6369 (8th Cir., Mar. 19, 2025) -
Eighth Circuit, predicting Arkansas law, concludes that an ensuing loss exception to a “Defects, Errors, Or Omissions”…
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/ Construction Law, Insurance, Real Estate - Residential
In Ryan Eng’g, Inc. v. Mond Homeowners Ass’n, Inc., No. 14-23-00960-CV, 2025 Tex. App. LEXIS 1681, the Court of Appeals of Texas (Court of Appeals) affirmed a trial court ruling denying the Motion to Dismiss of defendant Ryan…
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/ Construction Law, Professional Malpractice, Real Estate - Residential
Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available…
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/ Civil Remedies, Construction Law, Insurance
In State Farm Fire & Cas. Co. a/s/o Miriam Perez v. Pentair Flow Techs., LLC No. 7:21-CV-6679, 2025 U.S. Dist. LEXIS 36875, the United States District Court for the Southern District of New York (District Court) reconsidered…
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/ Civil Procedure, Insurance, Products Liability
On Tuesday evening, following two hours of debate and five failed amendments, bipartisan Senate Bill 21 (“SB 21”) passed the Delaware House and was quickly signed by Delaware Governor Matt Meyer. SB 21, which, in part, was a…
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/ Business Organizations, Civil Procedure, Securities Law
In the latest twist in the ongoing Corporate Transparency Act (“CTA”) and beneficial ownership information (“BOI”) reporting requirements saga, news came from Washington on March 21, 2025, that the Financial Crimes Enforcement…
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/ Administrative Law, Business Organizations, Civil Procedure, Constitutional Law, International Law & Trade
