Articles
Is Your Company Tweeting its Way into Trouble?
Thu, 2012-01-12 14:56 — susan"Is Your Company Tweeting its Way into Trouble?", Corporate Counsel, December 2011 - In this article, Judah Lifschitz and Laura Fraher discuss how general counsel and corporate executives can safeguard their company's social media presence to avoid "e-trouble" in today's fast-moving world of online communication. The authors provide four must-know tips that companies should follow as they engage in the world of social media as well as corporate examples of the real-l
Establishing Lines of Credit for Your Practice, Medical Office Today, September 2011
Tue, 2011-10-18 07:45 — susanEstablishing Lines of Credit for Your Practice, Medical Office Today, September 2011 - In this article, Reed Sexter is quoted on how medical practices can establish a line of credit in today's tough economy as banks become more selective in their lending standards. Mr.
Litigation Issues with LEED Ratings and Checklist Design, ENR Mountain States, September 2011
Tue, 2011-10-18 07:38 — susanLitigation Issues with LEED Ratings and Checklist Design, ENR Mountain States, September 2011 - In this article, Robert Foster and co-author Sean O'Brien discuss the best practices for projects seeking LEED certification, and the unintended consequences of the LEED Rating System and "checklist"design. The authors address why designers and design-build contractors need to be aware of the bigger picture of sustainable design, and offer examples of the
The Importance of Medical Entities, Virginia Medical Law Report, March 2011
Tue, 2011-10-18 07:32 — susanThe Importance of Medical Entities, Virginia Medical Law Report, March 2011 - In this article, Reed Sexter discusses the importance of medical entities for physicians who maintain their own medical practice, and their legal function in shielding physicians' personal assets from the liabilities of their practices. Mr.
Liability in the Air
Fri, 2010-11-26 16:38 — susanLiability in the Air, BUILDERnews, November 2010 – In this article, Judah Lifschitz is quoted on the topic of mold in green buildings. He cautions about making grandiose claims about green buildings improving the health of residents. In addition, Mr. Lifschitz predicts that more lawsuits will be brought as green buildings are found not to perform as promised. He offers some simple and straightforward advice for owners, builders and design professionals.
Loose E-mails Sink Litigation
Wed, 2010-10-20 06:19 — susanLoose E-Mails Sink Litigation, Corporate Counsel, October 2010 - In this article Judah Lifschitz and James McMichael explain how lawsuits and government investigations can turn into trouble fast and with little warning, especially when "E-Trouble" happens. E-Trouble is defined as e-mails sent by a company's employees that are produced in discovery or pursuant to a subpoena and then used against that company. The authors provide s
Green building: the risks of "almost rated"
Mon, 2010-08-23 06:32 — susanGreen building: the risks of "almost rated," BUILDERnews, August 2010 - In this article, Judah Lifschitz cautions builders on the risks associated with green construction. Mr. Lifschitz provides an overview of a recent lawsuit in New York where the owners of an eco-friendly condominium sued the building's developer, among others, seeking $1.5 million for alleged underperformance of green building systems. Mr.
ENR - Digital Files May Kill Credibility
Tue, 2010-05-25 10:40 — susanDigital Files May Kill Credibility, Engineering News-Record, May 19, 2010 - Authored by James McMichael and Alexis Lockshin, this column provides practical and must-know advice for businesses to avoid the legal pitfalls and dangers associated with e-mail, e-documents, and e-data, and offers key steps to prevent the creation of damaging documents.
Construction Risk.com Report - $26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner
Fri, 2010-04-30 10:29 — susan$26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner, ConstructionRisk.com Report, Vol. 12, No. 3, March 2010 - The decision in New Athens is particularly significant regarding the enforceability of liquidated damages provisions. Liquidated damages provisions are too frequently overlooked, but can - and will - be enforced, often without consideration of actual damages.
Managing Power - Power Owners in Strong Position to Collect Liquidated Damages
Fri, 2010-04-30 10:24 — susanPower Owners in Strong Position to Collect Liquidated Damages, Managing Power, March 1, 2010 - Although law varies by jurisdiction, a recent case demonstrates arbitration panels' willingness to uphold liquidated damages clauses in power plant engineering, procurement, and construction contracts.