In construction disputes, whether in court or arbitration, exchanging documents like project files and emails is crucial for resolving the case fairly. The story behind most disputes is told through these communications, which is why it’s important for contractors, owners, and designers to understand their legal duty to preserve documents, especially in the digital age
Stoel Rives LLP Blogs
Latest from Stoel Rives LLP
Webinar: Terner Center for Housing Innovation and the Land Economics Society (LAI) – Addressing Construction Defect Liability to Expand Homeownership
Join me on October 8, 2024, for a webinar hosted by Terner Center for Housing Innovation and the Land Economics Society (LAI) that will explore the intersection of construction defect liability and homeownership. This webinar will delve into the challenges posed by construction defect liability laws on the development of condominiums in California, which have
What Landlords Should Know When Restaurant Tenants Go Under
The article by Patrick Abell and Andrew Solomon provides guidance for landlords dealing with restaurant tenants who have gone out of business. It emphasizes the need for landlords to quickly regain control of the premises, either through a negotiated surrender of the space or formal eviction. Landlords should then promptly seek to re-let the space,
Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages
In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not required to conduct an evidentiary hearing, but trial courts are required to conduct “a careful examination of
Navigating the Changing Landscape of Non-Compete Agreements: What Employers Need to Know
The recent federal court ruling that struck down the Federal Trade Commission’s (FTC) rule banning non-compete agreements has given employers some relief, but it doesn’t mean non-competes are no longer under scrutiny. While the ruling prevents the FTC’s proposed ban from taking effect, state legislatures across the country have been tightening restrictions or imposing outright
CAISO Interconnection Process Enhancements Proposal Faces Protest at FERC
CAISO’s Interconnection Process Enhancements proposal faces protests from independent power producers, clean energy organizations, and renewable energy developers at FERC. Challengers claim that CAISO’s scoring criteria provide undue influence to load-serving entities (LSEs) and may violate principles of open access.
CAISO’s proposal addresses the backlog in its interconnection queue by prioritizing projects in zones with
Federal Court strikes down FTC rule that would have banned non-competition agreements starting September 4
On Tuesday, August 20, a federal judge in Texas shot down the Federal Trade Commission’s rule banning noncompete agreements (“the Rule”) that was set to take effect September 4. This means that the FTC cannot enforce the Rule. As a result, enforceable non-competes currently in place remain enforceable, and businesses and workers are free to
Upcoming Event: Bisnow’s Portland State of the Market
On September 12, 2024, join me at the Hyatt Regency Portland for Bisnow’s Portland State of the Market. Stoel Rives is a proud sponsor of the event, which will focus on Portland’s development outlook, including how companies are driving projects to completion, as well as real-estate issues related to living and working in downtown Portland.
The Chevron Doctrine’s Gone, but the APA Lives On
Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman Petrochemical, the American Chemistry Council, and the Louisiana Chemical Association (Petitioners) tested how a post-Chevron world could look under judicial review of agency
From Lien to Clean: Addressing an Expired Lien in the Chain of Title
Expired construction liens can create unexpected headaches for property owners, even after they are no longer enforceable. These liens, while initially protecting contractors and suppliers, can linger in the property records and complicate transactions like sales or refinancing. Different states have varying processes for clearing these expired liens from the chain of title, ranging from