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Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction Scheduled for April 8, 2022, with each side being afforded 15 minutes for argument. It appears that oral argument may be livestreamed by the 11th Circuit.  Injunction Against Federal Contractor Vaccine Mandate Oral argument held on the United States’ appeal of a federal district court judge’s December 7, 2021, decision in Georgia v. Biden, Case No ...

Last spring, many businesses did the unthinkable. In response to the spread of Covid-19 and subsequent stay-at-home orders, they seemingly overnight deployed fully remote workforces. Then everyone breathed a sigh of relief upon realizing that a fully distributed workforce ... works. As it turns out, cybercriminals were among those most eager to take advantage of distributed workforce arrangements ...

Schwabe, Williamson & Wyatt | December 2022

Maritime operators should diligently enact and follow policies and procedures on personal leave and drinking ashore. In a recent decision from the U.S. District Court for the Middle District of Louisiana, the court refused to dismiss claims against a tugboat operator by estates of two crewmembers killed while operating a skiff, In re Chester J. Marine, LLC, No. 20-214 (M.D. La. Nov. 10, 2022) ...

Shoosmiths LLP | August 2021

In our third Post Pandemic webinar, our panel discussed the topic of people in the context of Operational Resilience (OR). Shoosmiths’ Partner Sam Tyfield spoke to colleagues Yvonne Oakenfull (Learning & Development Manager), Kevin McCavish (Partner and Head of Shoosmiths’ London Employment team) and Karen Mortenson (Principal Associate in our London Employment team) ...

Shoosmiths LLP | July 2021

In our second post pandemic webinar, Shoosmiths’ partners Susie Wakefield, John Hartley and Sam Tyfield considered key questions around the governance and regulation of Operational Resilience (OR) with guest speaker Charles Taylor (partner at Aldbury International).   Who needs to be operationally resilient? It is good business practice for regulated and non-regulated firms to be operationally resilient and all businesses should be thinking about their OR ...

Carey | March 2020

In the context of the health alert issued by the Ministry of Health and the subsequent declaration of a state of Constitutional Exception of Catastrophe in Chile, due to public calamity, a series of measures have been set in place, altering the regular operation of Criminal Courts, as well as for the Chilean Prosecutor's Office and Police Forces.   I ...

Carey | April 2020

Due to the health emergency triggered by COVID-19, various measures that affect the normal operation of the courts of law, have been decreed and adopted by each of the Courts: The Chilean Supreme Court has issued various instructions, all of which may be checked at https://www.pjud.cl/noticias-emergencia-sanitaria, underscoring, among others: Favoring teleworking for judges, court officials and attorneys-at-law. Suspending customer service ...

Proposals to extend the scope of freedom of information in Scotland will, if accepted, expand an existing risk to the commercial confidentiality of companies bidding for public sector contracts ...

Hanson Bridgett LLP | December 2020

Summary Proposed FASTER Act defines sesame as a major allergen under the Federal Food, Drug and Cosmetic Act; FDA Draft Guidance recommends the declaration of sesame as an ingredient in flavors and spices. Although non-binding, these actions foreshadow the regulation of sesame as a major food allergen in the future. Two recent legislative actions and an FDA publication address emerging concerns about sesame as an allergen. The U.S ...

Dinsmore & Shohl LLP | March 2020

Every state has an Open Meeting Law, or Sunshine Law requiring public bodies to take official action and conduct deliberations in open meetings. Open meetings are defined as an in-person meeting open to the public with a certain number of legislators or board members physically present to establish a quorum and participate in the meeting ...

Schwabe, Williamson & Wyatt | November 2022

Did you read the title insurance policy jacket from your most recent real estate transaction? If so, it may have looked different. Title insurance policies are a staple of real estate transactions that are used by both owners and lenders to protect against covered property losses, up to a certain coverage amount, stemming from liens, encumbrances, third-party claims of ownership, and other defects pertaining to the insured property ...

As communities continue to be shocked at the gas pump, soaring inflation and whispers of ‎‎“recession,” we have noted an increase in layoffs in certain industries — particularly technology, ‎retail and food. Given the economic uncertainty, our regional developers and builders could also ‎feel the adverse impacts. These impacts could, unfortunately, require companies to consider ‎layoffs or reductions in force (RIFs) ...

Schwabe, Williamson & Wyatt | February 2023

The window for low-income service providers to take advantage of funds available through the Oregon Solar+ Storage Rebate Program is closing. Each year, 25 percent of the program’s budget is allocated to low-income and moderate-income homeowners and service providers. This year, the non-income-restricted funds have already been disbursed, and only low-income and moderate-income restricted funds remain ...

Schwabe, Williamson & Wyatt | November 2021

For the unaided construction contractor, navigation of changing vaccine mandates can be daunting, and it is no wonder there continues to be confusion about these mandates’ effects. Members of the construction industry have been discussing these rules in terms of how they apply to contractors working on federal or state projects ...

BUSINESS TODAY LOOKS NOTHING LIKE it did prepandemic. Every industry has experienced a shakeup in how organizations are managed, operated and shaped. COVID-19-driven pivots, the groundswell of demand for social change and continuous uncertainty has led to a long-overdue shift in business priorities. Chief among those is the need to drive innovation, which has never been more essential to success ...

When faced with an OSHA citation, it is not uncommon for an employer to acknowledge that a rule was violated, accept the citation, pay the penalty, and move on. Often, evidence that a rule was violated is easily obtained by an OSHA inspector ...

The pandemic has shined a bright light on the importance of safety and health in the workplace. While most employers are well aware of the rules that they are required to follow when it comes to safety and health, many have not thought about what to do when an OSHA inspector arrives at the workplace.  Here in Oregon, with some exceptions, most employers fall under the jurisdiction of Oregon Occupational Safety and Health (Oregon OSHA) ...

As projects become more and more complicated, owners often look to simplify the building process by hiring  a single firm to handle both design and construction. This is perfectly legal and commonly known as the “design-build” delivery method.  A design-build project has many advantages. There is only one point of contact for the owner to manage ...

Many government agencies set goals for their construction projects to be awarded to disadvantaged business enterprises (DBE). The U.S. Department of Transportation (DOT) DBE certification program sets antidiscrimination regulations that states can implement for federal funding. The Certification Office for Business Inclusion and Diversity (COBID) is the certifying authority of DBEs (on behalf of the DOT) in Oregon ...

Schwabe, Williamson & Wyatt | December 2021

On Jan. 25, President Biden signed Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the use of more American-made components on government projects ...

Schwabe, Williamson & Wyatt | December 2022

Anyone familiar with the construction industry knows that retainage – or money held back from payment until a later time – is a tool that project owners and general contractors have long used to protect against contractor nonperformance or other project risks ...

For those of us in the dispute resolution world in construction, one cultural trait that is seen with nearly all contractors is a strong sense to do the job right. Most businesses are small, and closely held. And most contractors carry significant pride in their work product and in keeping their clients happy. That character extends not only to work in progress, but also to resolution of issues related to the work after it is complete ...

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