Chambers Global 2026 Recognizes Sheppard Practices and Attorneys
March 03, 2026 —
SheppardSheppard has been recognized by Chambers Global 2026 in the following practice areas:
- Privacy & Data Security in the United States
- Projects: Power & Renewables: Transactional in the United States
- Projects: Renewables & Alternative Energy in the United States
Additionally, the following Sheppard partners have been recognized by Chambers Global 2026:
- Justin Boose (Projects: Renewables & Alternative Energy – USA)
- Will Chen (Intellectual Property: International Firms – South Korea)
- David Chun (Intellectual Property – South Korea)
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Sheppard
Ownership and Licensing in Design Agreements
April 14, 2026 —
Abby Dvorkin - Snell & WilmerThe ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The ownership or licensing of the drawings provision typically outlines who owns the drawings and specifications, who can use the documents, and how the documents can be used during and after the project.
Project owners and developers should understand that payment for design services does not automatically transfer ownership or an exclusive right to use the professional design. Under U.S. copyright law, the default rule is that the design professional retains ownership of the instruments of service absent a contractual provision transferring ownership or a license. See 17 U.S.C. § 101, et seq. The Architectural Works Copyright Protection Act provides that copyright protection applies to “pictorial, graphic and sculptural works” and includes “architectural works.” 17 U.S.C. § 102. A design professional may only transfer copyright ownership in writing. 17 U.S.C. § 204(a).
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Abby Dvorkin, Snell & WilmerMs. Dvorkin may be contacted at
advorkin@swlaw.com
Federal Court Upholds Uninsured Contractor Endorsement; Finds Duty to Defend Anyway
November 04, 2025 —
Craig Rokuson - Traub LiebermanIn the recent case of
LM Ins. Corp. v. James River Ins. Co., 2025 U.S. Dist. LEXIS 189320 (S.D.N.Y. Sep. 25, 2025), the United States District Court for the Southern District of New York had occasion to interpret an Uninsured Contractor Endorsement in the context of an additional insured tender.
After a construction accident, the owner and general contractor tendered to a subcontractor, DATO, who had hired plaintiff's employer, Star. Investigations later revealed that DATO did not have a written contract with Star for the work at issue. DATO's insurer, Arch, denied any obligation to provide coverage to all parties seeking coverage, including additional insureds, based on DATO's failure to comply with the "New York Limitation Endorsement," which requires that "you," defined to be Arch's named insured, obtain certain pass through protections from subcontractors for New York projects, including a written contract.
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Craig Rokuson, Traub LiebermanMr. Rokuson may be contacted at
crokuson@tlsslaw.com
Additional Insured’s Claim for a Defense Is Dismissed
December 22, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe court dismissed the additional insured’s complaint seeking a defense against a personal injury case. Piece Mgmt., Inc. v. Atlantic Casualty Ins. Co., 2025 U.S. Dist. LEXIS 205589 (S.D. N. Y. Oct. 18, 2025).
The underlying plaintiff, Mustafaa Dais alleged that he was injured when a glass door collapsed onto him as he exited BJ’s Restaurant. Dais sued BJ’s seeking damages for his injuries. He later amended his complaint to add Piece Management, Inc. the property’s management company, and Narway, Inc., the company hired to install the glass door.
Under the subcontract between Piece and Narwy, Narway was required to maintain a general liability policy and to add Piece as an additional insured. Narway obtained the required policy from Atlantic Casualty Insurance Company.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Groundbreaking New York Law Regulates Third-Party Litigation Funding for the First Time
February 02, 2026 —
Nicholas P. Hurzeler - Lewis BrisboisOn December 19, 2025, New York Governor Kathy Hochul signed the Consumer Litigation Funding Act (A804-C/S1104A) into law. The new statute takes aim at abusive third-party litigation funding practices statewide.
For years, the unregulated "lawsuit loan" industry has acted as a silent inflator of claim values, forcing plaintiffs to reject reasonable settlement offers in order to pay back exorbitant interest. The new regulatory framework, effective June 17, 2026, introduces caps and transparency measures that may help stabilize settlement negotiations and curb artificially inflated demands. The law does not apply to contracts made before its effective date. Below are some of its most important provisions.
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Nicholas P. Hurzeler, Lewis BrisboisMr. Hurzeler may be contacted at
Nicholas.Hurzeler@lewisbrisbois.com
Under Construction – November 2025
January 06, 2026 —
Snell & WilmerLetter From the Editor
Welcome to the fall edition of Snell & Wilmer’s Under Construction Newsletter. As brisk autumn air sets in, it’s an ideal moment to shore up the basics — both in your projects and in your grasp of the continually shifting field of construction law.
In this newsletter, we explore a variety of topics related to current construction trends and legal news that may be relevant and helpful to you and your business. We have assembled a selection of articles that include discussions of state-specific issues including how Idaho’s Contractor Registration Act bars unregistering contractors from enforcing contracts or filing liens, though the state Supreme Court allows remedies for post-registration work if severable. This edition discusses how contractors can maximize cash flow and profits by substituting security for retainage on public projects. We also highlight the California Court of Appeals discussion and latest decision relating to subcontractor substitution protections under Public Contract Code §4107. We round out our newsletter summarizing how the Colorado Supreme Court clarified that the economic loss rule bars tort claims for purely economic harm arising from contracts — even when alleging willful and wanton misconduct.
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Snell & Wilmer
Top Developments 2025 - Issue 4
December 22, 2025 —
John S. Anooshian, Paul A. Briganti, Elizabeth L. Ferguson, Alexandra M. George & Haley S. Newman - The Complex Insurance Coverage Reporter“ARISING OUT OF”
Rowe v. State Mut. Ins. Co., 2025 Me. LEXIS 89 (Me., Sept. 23, 2025)
Maine Supreme Court, in the premises liability context, holds that an exclusion in a mobile homeowners policy for injury or damage "arising out of a premises . . . that is not an insured location'” precluded coverage for underlying negligent failure-to-warn claims. The court looked to authority from a workers compensation case, where it stated that “the term ‘arising out of' employment means that there must be some causal connection between the conditions under which the employee worked and the injury, or that the injury, in some proximate way, had its origin, its source, or its cause in the employment. . . . [T]he employment need not be the sole or predominant causal factor for the injury and . . . the causative circumstance need not have been foreseen or expected.” In this case, it found there to be “an immediate relationship between the injury and a condition of the uninsured premises” (specifically, a gap created by the owner-insured at the entrance to a mobile home), and rejected the claimant’s argument that the injury instead arose from the insureds’ negligent conduct in failing to warn. Separately, the court held that the property did not qualify as an “insured location,” reasoning it was not listed in the declarations and there was no evidence the insureds had resided there or acquired it for use as a residence.
Reprinted courtesy of
John S. Anooshian, White and Williams LLP,
Paul A. Briganti, White and Williams LLP,
Elizabeth L. Ferguson, White and Williams LLP,
Courthouse Reporter Series - How to Avoid Having Your COVID-19 Expert StrickenWill There Be Construction Defect Legislation Introduced in the 2019 Colorado Legislative Session? Update Regarding New York City’s Climate Mobilization Act (CMA) and the Reduction of Carbon Emissions in New York CityGeorgia Passes Solar CUVA BillPushing the Edge: Crews Carve Dam Out of Remote Turkish MountainsExtreme Rainfall Is Becoming More Frequent and DeadlyIllinois Appellate Court Addresses Professional Services Exclusion in Homeowners PolicyCourt Upholds $68M Jury Award Over 2021 Fatal Fall in PhiladelphiaQuick Note: COVID-19 Claim – Proving CausationEarth Movement Exclusion Bars CoverageReduce Suicide Risk Among Employees in Remote Work AreasMBS’s $500 Billion Desert Dream Just Keeps Getting WeirderHousing Markets Continue to ImproveBrown Orders Mandatory Water Curbs for California DroughtNinth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act MandatoryThe Need to Be Specific and Precise in Drafting Settling Agreements<
Guidance for Construction Leaders: How Is the Americans With Disabilities Act Applied During the Pandemic?The Fifth Circuit, Applying Texas Law, Strikes Down Auto ExclusionMontana Supreme Court: Insurer Not Bound by Insured's SettlementGreen Builder Media Releases 2025 Sustainable Brand Index ResultsU.S. Supreme Court Halts Enforcement of the OSHA Vaccine or Test MandateBad News for Buyers: U.S. Mortgage Rates Hit Highest Since 2014Rent Increases During the Coronavirus Emergency Part II: Avoiding Violations Under California’s Anti-Price Gouging StatuteWhat is a Personal Injury?Material Prices Climb…And Climb…Are You Considering A Material Escalation Provision?Denial of Coverage for Bulge in Wall UpheldInverse Condemnation and RoadworkThe Woodland Hills Office Secures a Total Defense Award on Behalf of their High-End Custom Home Builder Client!Firm Offers Tips on Construction Defects in ColoradoWhite and Williams Celebrates Chambers 2024 RankingsCity Wonders Who’s to Blame for Defective WallManaging Partner Jeff Dennis Recognized as One of the Most Influential Business People & Opinion Shapers in Orange CountyCalifornia Supreme Court Holds that Design Immunity Does Not Protect a Public Entity for Failure to Warn of Dangerous ConditionsChampagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the CakeHow to Mitigate Lien Release Bond Premiums with Disappearing Lien ClaimantsGoogle’s Floating Mystery Boxes Solved?Can an Architect, Hired by an Owner, Be Sued by the General Contractor?Connecticut Grapples With Failing Concrete FoundationsJust Because You Allege There Was an Oral Contract Doesn’t Mean You’re Off the Hook for Attorneys’ Fees if you LoseNorth Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of Benzene-Related ClaimsWhy Should Businesses Seek Legal Help Early On?JAMS Announces Updated Construction RulesNewmeyer & Dillion Attorneys Selected to the 2016 Southern California Super Lawyers ListsWhy You May Not Want a Mandatory Mediation Clause in Your Construction ContractHP Unveils Cheaper, 3-D Printing System to Spur SalesFlorida Supreme Court Decision Limits Special Damages Presented to JuriesASCE Statement On House Passage Of The Precip ActSubcontract Requiring Arbitration Outside of FloridaConstruction Up in Northern OhioSingle-Family Home Gain Brightens U.S. Housing Outlook: EconomyBlurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage CounselBenchmark Litigation Recognizes Multiple Snell & Wilmer Offices and Attorneys in 2026 Rankings Port Authority Reaches Deal on Silverstein 3 World TradeTemecula Office Secures Approval for Development of 972-Acre Community on Behalf of Pulte HomesNew Executive Order: Revitalizing Our Nation’s Commitment to Environmental Justice for AllHomeowners Not Compelled to Arbitration in Construction Defect LawsuitSuit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations GroundsSinger Ordered to Deposition in Construction Defect CaseMeasures Landlords and Property Managers Can Take in Response to a Reported COVID-19 InfectionCoyness is Nice. Just Not When Seeking a Default Judgment New Certification Requirements for Veteran-Owned Small Business Concerns and Service-Disabled Veteran-owned Small Business Concerns Seeking Public Procurement ContractsHomeowners Associations Must Prepare for Cold Season Maintenance and Repairs in Western Washington Engineer Proposes Slashing Scope of Millennium Tower Pile UpgradeArchitects Group Lowers U.S. Construction ForecastTax Increase Pumps $52 Billion Into California ConstructionAssessments Underway After Hurricane Milton Rips Off Stadium Roof, Snaps Crane Boom in Florida 
