News & Analysis as of

Statutory Requirements

Allen Matkins

How to Prepare for 5% Retention in California Construction Contracts

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With Governor Newsom’s signature to Senate Bill No. 61 on July 14, 2025, California joined a growing number of states that have passed legislation to cap the amount of retention that owners, contractors, and subcontractors...more

Mayer Brown

Virgin Media – Details of Legislative "Fix" Published

Mayer Brown on

The government has published amendments to the Pension Schemes Bill that set out the proposed legislative “fix” for issues arising out of the Virgin Media case. The legislation will enable trustees to obtain retrospective...more

Segal McCambridge

Can an Insurer’s Defense of Non-Consent to the Insured’s Participation in the Florida Statutes Chapter 558 Process Be Waived?

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As construction claims continue to multiply in Florida’s prolific housing development scene, a question has continued to arise: Is a liability carrier obligated to defend an insured contractor where there has been no lawsuit...more

Zelle  LLP

Rescission: Timing Matters Under Texas Law

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As discussed in an article Zelle drafted in November 2023, "Viewpoint: Non-renewal, Cancellation, Reformation and Rescission of Insurance Policies in Texas", an insurer that wishes to rescind an insurance policy on the basis...more

Patton Sullivan Brodehl LLP

Statutory Buyouts are NOT “Discretionary”

Many prior LLC Jungle posts have addressed statutory buyouts for LLC, partnership, and corporate interests. Some of those posts cover various efforts to defeat a pending statutory buyout through various means — dissolution...more

Nossaman LLP

What is “Immediate Possession” Under Arizona’s Eminent Domain Statutes?

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When a municipality acquires private property in an eminent domain case, it must first pay just compensation to the property owner. The municipality must file a complaint—a lawsuit—asking the appropriate court to enter a...more

Holland & Knight LLP

Recent Decisions on Federal Agencies' Discretion to Suspend Funding, Terminate Grants

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Federal grant recipients have long faced uncertainty when a change in administration brings new policy priorities. Recent decisions – both from the courts and U.S. Government Accountability Office (GAO) – provide benchmarks...more

Woods Rogers

Regulations for Required Association Complaint Procedure Changed and Simplified

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Amendments to the Common Interest Community Ombudsman Regulations went into effect August 1, 2025. These amendments change the required association complaint procedure. The changes may appear minor but add clarity and are...more

Whiteford

Filing a petition for Guardianship or Conservator in Virginia

Whiteford on

When loved ones become incapacitated and have no estate planning documents in place appointing a guardian or conservator (or when replacement of a current guardian or conservator is necessary), Virginia law allows the filing...more

Jaburg Wilk

Significant Increase in Arizona’s Small Estate Thresholds

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In Arizona a party can collect assets in a small estate without having to open a probate through a form commonly known as a “small estate affidavit.” The purpose of Arizona’s small estate affidavit is to provide a simplified,...more

Husch Blackwell LLP

False Claims Act Insights - The Mathematics of Nuclear FCA Verdicts

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Host Jonathan Porter welcomes back to the show Husch Blackwell attorney Tanner Cook to talk about the trial penalties associated with False Claims Act (FCA) litigation. The conversation begins with a short summary of how...more

Lowndes

Governor Approves SB 784: Platting Reform in Florida

Lowndes on

On June 20, 2025, Governor DeSantis approved the final version of SB 784 which removed certain timing requirements. In our article titled "SB 784: Platting Reform in Florida," published on June 18, 2025, we included two...more

Snell & Wilmer

You can’t be too careful documenting compliance with AB 52’s tribal consultation requirements.

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A recent decision from the California Court of Appeal demonstrates the importance of strictly following the tribal consultation requirements of Assembly Bill 52 (AB 52). ...more

Lathrop GPM

New Jersey Appellate Court Confirms Terminated Retailer Is Not in a Franchise Relationship with Manufacturer

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A New Jersey appellate court affirmed a state trial court’s ruling that a terminated retailer of custom outdoor kitchens was not in a franchise relationship with a manufacturer of outdoor grills and that the New Jersey...more

Winstead PC

Presentation: Trust Modifications and Reformations in Texas

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Lead writer for the Fiduciary Litigator blog, David F. Johnson, presented “Trust Modifications and Reformations in Texas” at UT Law CLE’s 21st Annual Changes and Trends Affecting Special Needs Trusts Conference. This...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York State Legislature Passes Amendment to the New York Retail Worker Safety Act

Although later than anticipated, the New York State Legislature has just passed an amendment to the New York Retail Worker Safety Act (S8358C/A8947C, Chapter 308) that would extend the effective date of the act’s workplace...more

Bradley Arant Boult Cummings LLP

New Jersey Appellate Court Rejects Bid Protest: Archeologist Not Required to Be Registered under Public Works Contractor...

We recently blogged about New Jersey’s bid protest requirements for procurements solicited under the New Jersey Division of Purchase and Property (DPP) here. As we noted, public procurements by local governmental authorities...more

Bradley Arant Boult Cummings LLP

No. 9 The Particulars on OSHA Violations: How Much Notice is Enough?

Just what does an OSHA citation have to include? Section 9(a) of the Occupational Safety and Health Act requires that citations “describe with particularity the nature of the violation, including a reference to the provision...more

Tyson & Mendes LLP

Shining Light on Phantom Medical Bills–Lessons from Washington on Using Federal Hospital Price Transparency Rules to Fight Back

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How many of you reading this have had this experience: you get a settlement demand with hundreds of thousands of dollars in claimed hospital bills, but the actual amount owed by the claimant is redacted, or you are told by...more

Perkins Coie

New Statutory Requirements for Commercial Leases: SB 1103 Updates California Laws for Landlords and Commercial Tenants

Perkins Coie on

A new California Senate bill (SB 1103 or the Bill) provides commercial tenant protections by amending several sections of the California Civil Code relating to commercial tenancy. These statutory protections will apply...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2024

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Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...more

Amundsen Davis LLC

Expect More Audits of Trademark Registrations From the United States Patent and Trademark Office

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The expected uptick in the issuance of United State Patent and Trademark Office (USPTO) audits means practitioners and trademark owners alike will need to be more diligent in identifying goods or services in trademark...more

Sheppard Mullin Richter & Hampton LLP

DC Circuit Rejection of CEQ Authority Leaves NEPA Review in Limbo

Last week’s unexpected opinion of the U.S. Court of Appeals for the D.C. Circuit (“DC Circuit”) holding that the Council for Environmental Quality (“CEQ”) lacks authority to promulgate regulations implementing the National...more

Health Care Compliance Association (HCCA)

In This Month’s E-News: November 2024

On the heels of a $7.6 million payment by Cleveland Clinic to settle allegations of False Claims Act (FCA) violations and unallowable sharing of passwords, Michael Lauer, NIH deputy director for extramural research, penned a...more

Benesch

Post-Chevron Transportation & Logistics Regulatory Enforcement

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The United States Supreme Court recently brought to a close 40 years of “Chevron deference” and its guidance for legal interpretation of certain federal agency decision-making authority. In two instances, the United States...more

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