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DIRECTORY AND CAPABILITIES

White and Williams LLP Recognized on the List of Largest Law Firms in Greater Philadelphia

March 03, 2026 — White and Williams LLP
White and Williams LLP was recently recognized on the list of Largest Law Firms in Greater Philadelphia by the Philadelphia Business Journal. The Firm is ranked #10 among the largest law firms in the Greater Philadelphia area. This listing ranks over 500 law firms in the counties of Bucks, Chester, Delaware, Montgomery, or Philadelphia in Pennsylvania; Atlantic, Burlington, Camden, or Gloucester in New Jersey, and Kent or New Castle in Delaware. White and Williams has been named on the list since 2023. Read the full story...
Reprinted courtesy of White and Williams LLP

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Benchmark Litigation Recognizes Multiple Snell & Wilmer Offices and Attorneys in 2026 Rankings

December 02, 2025 — Snell & Wilmer
PHOENIX - Snell & Wilmer is pleased to announce that Benchmark Litigation, a publication that focuses exclusively on dispute resolution and litigation, has once again recognized multiple Snell & Wilmer offices, as well as eleven of the firm’s attorneys, in its annual U.S. edition rankings issue. Benchmark Litigation is the only publication on the market to focus exclusively on litigation work. Benchmark compiles its results from a culmination of a six-month research period where researchers conduct extensive interviews with litigators and their clients to identify the leading litigators and firms. During these interviews, researchers examine recent casework handled by law firms and ask individual litigators to offer their professional opinions on peers. Firms cannot pay to be recommended for the guide. Read the full story...
Reprinted courtesy of Snell & Wilmer

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Florida Litigation Team Delivers Crushing Summary Judgment Victory for National Home Builder

December 08, 2025 — Wood Smith Henning & Berman
The Wood Smith Henning & Berman Orlando trial team recently delivered a significant victory for a national home builder, obtaining three separate summary judgment rulings that resulted in a complete dismissal of all claims in a premises liability action in which the plaintiff demanded a seven-figure settlement. Partner Ian Gillan and Senior Associate Brian Hartley filed targeted motions for summary judgment addressing (1) trespassing; (2) Florida Building Code issues, and (3) OSHA applicability. The court granted all three motions. The case involved allegations that the plaintiff sustained injuries on a residential construction site. Plaintiff asserted that alleged violations of the Florida Building Code and OSHA regulations established a standard of care that was breached. Read the full story...
Reprinted courtesy of Wood Smith Henning & Berman

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CARB Issues Proposed Climate Disclosure Regulations

January 13, 2026 — Michael S. McDonough, Ashleigh Myers & Karen Eskander - Gravel2Gavel Construction & Real Estate Law Blog
On December 9, 2025, the California Air Resources Board (CARB) issued proposed regulations and a staff report for California’s comprehensive climate disclosure laws, the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261). These proposed regulations come less than a month after the Ninth Circuit issued an injunction temporarily halting enforcement of SB 261, at least until a January 9, 2026, hearing on the plaintiffs’ requested longer-term injunction through the remainder of the First Amendment challenge to the laws. The draft regulations would adopt some, but not all, of the provisions proposed by CARB in its public workshops on the laws to date, and notably would scale back applicability to those companies above a threshold level of sales in the state. The proposed regulations also define key terms, establish the program fee structures, explain fee enforcement and set initial reporting timelines. The written comment period begins on December 26, 2025, and ends on February 9, 2026. CARB will hold a public hearing on the proposed regulations on February 26, 2026 at 9 a.m. PST. Reprinted courtesy of Michael S. McDonough, Pillsbury, Ashleigh Myers, Pillsbury and Karen Eskander, Pillsbury Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Eskander may be contacted at karen.eskander@pillsburylaw.com Read the full story...

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Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy

March 10, 2026 — Brett W. Johnson, Derek Flint, T. Troy Galan & Thomas Williams - Snell & Wilmer
On February 20, 2026, the U.S. Supreme Court held in Learning Resources, Inc. v. Trump, and the consolidated case Trump v. V.O.S. Selections, Inc., that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs unilaterally.1 The decision invalidates both the “reciprocal” tariffs and the drug-trafficking tariffs imposed under IEEPA. For importers, the immediate question is whether, how, and when refunds can actually be obtained. On that issue, the U.S. Supreme Court provided no roadmap. To the contrary, the dissent warned that the United States “may be required to refund billions of dollars,” that the process is likely to be a “mess,” and that the majority opinion “says nothing today about whether, and if so how, the Government should go about returning the billions of dollars that it has collected from importers.” Reprinted courtesy of Brett W. Johnson, Snell & Wilmer, Derek Flint, Snell & Wilmer, T. Troy Galan, Snell & Wilmer and Thomas Williams, Snell & Wilmer Mr. Johnson may be contacted at bwjohnson@swlaw.com Mr. Flint may be contacted at dflint@swlaw.com Mr. Galan may be contacted at tgalan@swlaw.com Mr. Williams may be conta

Moving in Before Substantial Completion? The Risks of Early Owner Occupancy

March 24, 2026 — Sydney Koby - ConsensusDocs
Introduction On many construction projects, particularly large projects facing schedule pressure, owners may begin occupying or using portions of the project before the work reaches substantial completion. This is often due to operational needs, phased turnover, or market demands that drive owners to take possession of all or part of a project while construction activities are ongoing. While early occupancy may seem practical, it can blur the lines of responsibility between owner and contractor and can create significant legal and practical complications. These disputes are especially common on large, complex projects where punch list work, system commissioning, and closeout activities overlap with owner use. Without clear documentation and carefully drafted contract provisions, early occupancy can undermine an owner’s ability to enforce completion requirements while simultaneously exposing the contractor to claims of delay, inefficiency, or interference. Read the full story...
Reprinted courtesy of Sydney Koby, Jones Walker
Ms. Koby may be contacted at skoby@joneswalker.com

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Higgins, Hopki

When Logic Doesn’t Matter: Why ‘Irrational’ Isn’t a Ground to Overturn an Arbitration Award in Tennessee

November 09, 2025 — Matthew DeVries - Best Practices Construction Law
Arbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. The process can be just as costly, sometimes taking as long as a court case. Yet one thing remains consistent, and it is the most important point for everyone in the construction process to understand before signing an arbitration clause: once an arbitrator decides, that decision is almost always final. That reality was reinforced in a recent Tennessee Court of Appeals decision, MidSouth Construction, LLC v. Burstiner (June 12, 2025) (pdf). The case involved a homeowner who tried to overturn an arbitration award following a dispute about defective deck construction. The homeowner argued that the arbitrator’s decision was “fundamentally irrational.” The court r
Panthers Withdraw City, County Deal Over Abandoned Facility

Ten ACS Lawyers Recognized as Super Lawyers or Rising Stars

The New Jersey Theme Park Where Kids’ Backhoe Dreams Come True

California insured’s duty to cooperate and insurer’s right to select defense counsel

Senate’s Fannie Mae Wind-Down Plan Faces High Hurdles

Mixing Concrete, Like Baking a Cake, is Fraught with Problems When the Recipe is Not Followed

Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions

Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

California Fears El Nino's Dark Side Will Bring More Trouble

Professional Liability Alert: Joint Client Can't Claim Privilege For Communications With Attorney Sued By Another Joint Client

Coverage Doomed for Failing Obtain Insurer's Consent for Settlement

Real Estate & Construction News Roundup (10/29/25) – Office Market Bounces Back, Senate Passes ROAD to Housing Act, and CRE Embraces Blockchain

"Your Work" Exclusion Bars Coverage

Court Rules Cook County Misspent $243M in Transportation Funds

Real Estate & Construction News Roundup (10/11/23) – Millennials Struggle Finding Homes, Additional CHIPS Act Funding Available, and the Supreme Court Takes up Hotel Lawsuit Case

Jobsite Safety, Workforce Shortage Drive Innovation in Machine Automation

Washington Court of Appeals Divisions Clash Over Interpretations of the Statute of Repose

The Great Skyscraper Comeback Skips North America

New Jersey Appellate Decision Reminds Bid Protestors to Take Caution When Determining Where to File an Action

Billionaires and CEOs Gather for Milken in a Reeling LA

Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

California Supreme Court Adopts “Vertical Exhaustion” in the Long-Storied Montrose Environmental Coverage Litigation

Pennsylvania Supreme Court Dismisses Appeal of Attorney Fee Award Under the Contractor and Subcontractor Payment Act

Architects and Engineers Added to Harmon Towers Lawsuit

Bad Faith Claim for Investigation Fails

Bally's Secures Funding for $1.7B Chicago Casino and Hotel Project

Homeowners Must Comply with Arbitration over Construction Defects

Fundamental Fairness Trumps Contract Language

Georgia HB 676: A Bill Property Owners and Contractors Should Watch

The Unthinkable Has Happened. How Should Contractors Respond?

Builders Oppose Senate Housing Bill Over Investor Ban Provision

Toll Brothers Named #1 Home Builder on Fortune Magazine's 2023 World's Most Admired Companies® List

Infrastructure Money Comes With Labor Law Strings Attached

Road to Record $199 Million Award Began With Hunch on Guardrails

Approaches in the Absence of a Differing Site Conditions Clause

Concrete Worker Wins Lawsuit and Settles with Other Defendant

Los Angeles Tower Halted Over Earthquake and other Concerns

Five Steps Employers Should Take In the Second Year Of the COVID-19 Pandemic

Two Years, Too Late: Time-Barred Hurricane Loss is Timely Reminder to Insureds

Housing Advocacy Group Moved to Dissolve New Jersey's Council on Affordable Housing

Delaware Settlements with Minors and the Uniform Transfer to Minor Act

Know When Your Claim “Accrues” or Risk Losing It

Ten-Year Statute Of Repose To Sue For Latent Construction Defects

Court Dismisses Cross Claims Against Utility Based on Construction Anti-Indemnity Statute

The Contract Disputes Act: What Every Federal Government Contractor Should Know

Damages in First Trial Establishing Liability of Tortfeasor Binding in Bad Faith Trial Against Insurer

Coverage Under Builder's Risk Policy Properly Excluded for Damage to Existing Structure Only

Location, Location, Location—Even in Construction Liens

Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered

Microwave Transmission of Space-Based Solar Power: The Focus of New Attention
tory.php?cdjs=508730760">Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

From the Ground Up

Suing A Payment Bond Surety in Different Venue Than Set Forth in The Subcontract

My Employees Could Have COVID-19. What Now?

Wildfire Threats Make Utilities Uninsurable in US West

California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies

San Francisco Airport’s Terminal 1 Aims Sky High

From the Ashes: Reconstructing After the Maui Wildfire

Why You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills for Claims with Potential Coverage

Actual Cost Value Includes Depreciation of Repair Labor Costs

Public Housing Takes Priority in Biden Spending Bill

The Legal Landscape

Social Engineering Scams Are On the Rise – Do I Have Insurance Coverage for That?

Recording “Un-Neighborly” Documents