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The First Thing We Do, Let’s Kill All The Lawyers

Coats Rose Director, Elizabeth Haecker Ryan, recently contributed to an article regarding how artificial intelligence is significantly impacting the future of the practice of law. Read on to learn how these changes may directly impact your practice.

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Posted in Front, Publications and Alerts

Overtime Rule May Result in More Off-the-Clock Work

JacobIIIClyde-1Coats Rose Director, Clyde H. Jacob, III, recently contributed to an article regarding changes made to the overtime rule by the U.S. Department of Labor, which increases the risk of off-the-clock claims for employers. 

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Telemedicine Up for Heated Debate

Knight,Vinson_AF_wbCoats Rose Of Counsel, Vinson J. Knight, recently contributed to an article that explores the challenges of telemedicine practice standards in the State of Texas.

To read the full articleTelemedicine Up for Heated Debate,” published in Medical Economics by UBM Medica, LLC, a UBM company, click here.

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21 States and US Chamber File Complaints in Federal Court to Challenge New Overtime Rule

ChristyWalter1JacobIIIClyde-1GoldmanAmanda-1By: Walter W. Christy, Clyde H. Jacob III, and Amanda Wingfield Goldman

In a full court press on September 20, 2016, twenty-one states banded together and filed a lawsuit against the Department of Labor (DOL) to challenge the DOL’s overtime exemption rule change, which is set to go into effect on December 1, 2016.

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A Potential Gap in Indemnity Coverage

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By: David S. Lynch

Commercial contracts in the construction industry and the oil and gas industry generally contain indemnity provisions in which parties agree to indemnify each other for certain liability as a result of personal injury or property damage, generally those occasioned by their operations or the operations of their subcontractors.

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Quick! Update Your Federal Labor Law Posters

JacobIIIClyde-1ChristyWalter1GoldmanAmanda-1By: Clyde H. Jacob III, Walter W. Christy and Amanda Wingfield Goldman

 

Giving employers just mere days to comply, the U.S. Department of Labor (“DOL”) recently revised its Fair Labor Standards Act (“FLSA”) and Employee Polygraph Protection Act (“EPPA”) posters on July 28.

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Forming Drug Test Policies Through A Haze Of Marijuana Laws

GoldmanAmanda_AFLaw360, New York (June 29, 2016, 11:18 AM ET), By Amanda Wingfield Goldman— Although most people believe that the concept of employer drug testing began with the advent of the Drug Free Workplace Act of 1986, the roots of drug testing and employers’ concerns with drug abuse actually date back to the Civil War.

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When Casual Gets Too Casual – How to Deal with Employee Dress Code Challenges Without Risking Adverse Legal Action

goldman-amandaAmanda Wingfield Goldman recently provided sage guidance on how to deal with employee dress code challenges without risking adverse legal action.  Policies regarding dress code and appearance should be neutral and applied even handedley.

To read the full article “When Casual Gets To Casual,” published by Indoor Environment & Energy Efficiency: Business Intelligence for Professional Contractors, click here.

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Posted in Publications and Alerts

From Griddles and Ice Makers to Billions of Dollars in Government Contracts: The History and Potential Impact of the United States Supreme Court’s Anticipated Ruling in Kingdomware Technologies, Inc. v. United States

Tamara LindaeyCoats Rose Associate, Tamara J. Lindsey, discusses the impending Supreme Court ruling that started with bid protests lodged by a different service-disabled veteran-owned small business (“SDVOSB”).

On February 22, 2016, the United States Supreme Court heard oral argument in the ongoing dispute between Kingdomware Technologies, Inc.

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Posted in Publications and Alerts

Cyber-Insurance: Is It Right for Your Business?

Elizabeth Haecker Ryan Amanda Wingfield GoldmanCoats Rose Director Elizabeth Haecker Ryan and Associate Amanda Goldman discuss the role of cyber-insurance in a company’s insurance policy portfolio in an article published in Baseline Magazine.  As a result of actual and threatened events, the insurance market has responded with a new product to protect businesses from data breaches: cyber-insurance.

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Posted in Publications and Alerts

The Economic Loss Doctrine as an Obstacle to Claims of Contractual Strangers

reed-rickRichard L. Reed (and Richard L. Reed, Jr.)

The article was first published in the St. Mary’s Law Journal (Vol, 46:3)

The most basic underlying purpose of the economic loss doctrine (or “economic loss rule”) is to separate the application of tort law and contract law.

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Posted in Publications and Alerts

Disqualifying Conflicts and the Right of the Insured to Select Counsel

By David S. Lynch and Jamie M. Cohen

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The standard liability policy states that the insurance company shall have the “right and duty” to defend an insured against any claim for which potential coverage exists under the policy.

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Take Cover! The NLRB Issues New “Ambush” Election Rules

Clyde JacobAmanda Wingfield GoldmanBy Clyde Jacob and Amanda Wingfield Goldman

On April 14, 2015, the rules governing the traditional National Labor Relations Act union representation process underwent a drastic change. 

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Franchisors and Their Franchisees are “Joint Employers” says NLRB

jacob-clyde goldman-amandaby Coats Rose Director Clyde Jacob and Associate Amanda Goldman

The issuance of these complaints against McDonald’s, USA, LLC and its franchisees as “joint employers” signifies that the Board’s attempts to upend its 30-year old joint employer standard for assigning liability. 

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Posted in Publications and Alerts

NLRB Passes Ambush Election Rules

jacob-clydegoldman-amandaby Coats Rose Director Clyde Jacob and Associate Amanda Goldman

Following its unsuccessful effort to implement new election rules in 2011, the National Labor Relations Board has adopted the new election rules on a 3-2 vote, which significantly hasten the pace for existing union election processes. 

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Posted in Publications and Alerts

NLRB Grants Workers the Right to Organize Through Their Employers’ Email

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Coats Rose Director Clyde Jacob and Amanda Goldmanexplain the recent ruling by the NLRB allowing workers the right to organize through their employers’ email.

The National Labor Relations Board reversed case precedent and held, 3 to 2, that employees have the right to use work e-mail for non-work related communications during nonworking time.   

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Posted in Publications and Alerts

Use of Standby Letters of Credit in Public and Affordable Housing Projects

Casius Pealer

Introduction

The nature of construction projects is such that significant money must be spent and liabilities incurred prior to the completion and delivery of a final product. Because of the uncertainties involved in this process, prudent developers and their lenders require some measure of assurance from general contractors that the subcontractors will be paid and the work will be performed according to the construction documents.

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More Focus Needed on Data Collection

by Casius Pealer

There is a great deal we know about how to improve the efficiencies and effectiveness of building operations, but there is also a great deal we don’t know. And many inspirational green building success stories are just that: inspirational stories.

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Continuing the Conversation with Policy Makers

A Review of the Brookings Institution Report on HOPE VI

by Megan Glasheen and Casius Pealer

“HOPE VI is intended to address the condition of people in public housing developments, and not merely of the bricks and mortar.”—Excerpt from HUD’s 1996 HOPE VI Grant Agreement, Article I: Overall Program Objectives and Approach

In September 2005, The Brookings Institution released a sixty-nine-page report entitled HOPE VI and Mixed-Finance Redevelopments: A Catalyst for Neighborhood Renewal (the Brookings report).

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Practice Matters- Professionalizing Pro Bono Practice

By Casius Pealer

The architecture profession faces one practical obstacle in making the case that architects bring larger value to the public than simply providing design and construction services. That is, that many individuals and organizations simply cannot afford to hire an architect, or doing so would create a significant hardship for them.

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