Matthew DeVries | Best Practices Construction Law If you are left in the dark about something, you don’t have the information you should have to make an informed decision. Delay claims on a construction can be confusing, especially when you think about the delay to the work being performed and the disruption to other activities.… Continue reading No Longer in the Dark: A Primer on the Distinction between Delay and Disruption Damages in a Construction Dispute
Category: Construction Law
Court of Appeals Confirms One-Year Statute of Limitations for Disgorgement Claims that is not Subject to the Discovery Rule
Timothy L. Pierce, Hector H. Espinosa and Samira F. Torshizi | K&L Gates In a recently published case dealing with issues of first impression, the California Court of Appeal Second Appellate District in Los Angeles held that the disgorgement penalty under Business and Profession Code § 7031(b) must be made within one year of completion or… Continue reading Court of Appeals Confirms One-Year Statute of Limitations for Disgorgement Claims that is not Subject to the Discovery Rule
Remote Trials Can Control Prejudgment Risk
Robert G. Devine, Victor J. Zarrilli and Kimberly M. Collins | White and Williams While courts across the country are largely unavailable to litigants demanding a jury trial, pre-judgment interest rules present an increasing penalty risk to a defendant wanting its day in court and may not always make a plaintiff whole. The COVID-19 pandemic… Continue reading Remote Trials Can Control Prejudgment Risk
Is There a Downside to Virtual Trials?
Alaina Lancaster | Law.com What’s Wrong With Virtual Jury Trials? Jurors in some of the country’s first online trials faced tech issues and waning attention spans. But Cooley’s Litigation Chair Michael Attanasio says there are more problems with a virtual jury trial to be skeptical about. Attanasio said one of the constitutional issues that remote jury trials could raise is that… Continue reading Is There a Downside to Virtual Trials?
Six Key Questions When Settling and Releasing Legal Claims
Louise C. Stoupe and Keiko Rose | Morrison & Foerster Most disputes settle, so it is important for legal teams to be aware of the key issues involved in drafting a settlement agreement. This is particularly true now, as companies around the world grapple with the COVID-19 pandemic and the resulting strain on supply chains… Continue reading Six Key Questions When Settling and Releasing Legal Claims