One of the thorniest legal issues facing employers today involves employee requests to telecommute. Although some jobs lend themselves to telecommuting on either a part- or full- time basis, the vast majority of jobs require regular attendance in the workplace. This is particularly true when it Continue Reading
Whose Privilege Is It? – Attorney-Client Privilege Issues in Insurance Receiverships
Louie Jorczak discusses attorney-client privilege issues in insurance relationships in an article published in The Insurance Receiver, Volume 24, Number 2, Spring 2017. The Insurance Receiver is the official magazine and newsletter published by the International Association of Insurance Continue Reading
Universities Are Prime Targets for False Claims Act Liability
Institutions of higher education are increasingly susceptible to False Claims Act liability for misuse of federal funds or for having made misrepresentations to the government to obtain those funds in the first place. The authors of this article discuss the rise in these allegations and offer Continue Reading
Recent GAO Decision Gives Ammunition To Protesters Challenging Technical Specifications
In the course of responding to a Request for Proposals (“RFP”) or Request for Quotations (“RFQ”), have you ever encountered technical specifications that you regard as unreasonable? Have you ever wondered why the Government included those specifications in the first place and, more generally, Continue Reading
Connecticut Appeals Court Adopts Continuous Trigger Theory; Recognizes the Unavailability of Insurance Rule without an Equitable Exception
On March 7, the Connecticut Appellate Court handed a victory to policyholders seeking insurance for long-tail liabilities. The court adopted both a continuous trigger for asbestos-related disease claims and an unavailability of insurance rule. R.T. Vanderbilt Co. v. Hartford Continue Reading
Coal Plant Shutdowns: The Tax Appeal Should Not Wait
Nothing is certain except death and taxes, unless you own a coal-fired power plant with a shutdown in its future, in which case – with apologies to Ben Franklin – we would also add the certainty of a property tax appeal. Host communities typically rely on the hefty annual check paid by electric Continue Reading
Recent GAO Decision Gives Ammunition To Protesters Challenging Technical Specifications
In the course of responding to a Request for Proposals (“RFP”) or Request for Quotations (“RFQ”), have you ever encountered technical specifications that you regard as unreasonable? Have you ever wondered why the Government included those specifications in the first place and, more generally, Continue Reading
TCCWNA Violates the Dormant Commerce Clause
The “commerce clause” of the United States Constitution gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” U.S. Constitution, Art. 1, Sec. 8, Cl. 3. The commerce clause operates both to grant authority to Congress, and to Continue Reading
Your Biggest Cybersecurity Threat: Failing to Plan
It’s surprising how often the simplest phrases can provide the most salient advice. The 6 P’s,for example: Proper prior planning prevents poor performance. While the phrase may be a bit of a tortured alliteration, the truth and simplicity of its sentiment can’t be denied: When you want a good Continue Reading
Pleading Breach of the Implied Covenant of Good Faith and Fair Dealing in the Publicly Traded Master Limited Partnership Context
In Dieckman v. Regency GP LP, --- A.3d ---, 2017 WL 243361 (Del. Jan. 20, 2017), the Delaware Supreme Court reversed the Court of Chancery[1] and held that the common unitholder plaintiff’s complaint properly stated a claim for breach of the safe harbor provisions of defendant Regency Energy Continue Reading