Client Alerts & Publications
Texas Federal Court Permanently Enjoins U.S. Department of Labor “Persuader Rule”
Published Date: November 25, 2016
As an update to our prior alert, on November 16, 2016, a federal judge in Texas issued a permanent injunction blocking the U.S. Department of Labor’s (“DOL”) “persuader rule” – a preliminary injunction had been granted this past June. In rendering the permanent injunction, the court adopted the reasoning of its prior June 27, 2016 decision that granted a nationwide [...] Read More
U.S. Government Bans Use of Mandatory Arbitration Agreements
Published Date: November 15, 2016
On September 28, 2016, the Centers for Medicare and Medicaid Services (“CMS”), which is part of the U.S. Department of Health and Human Services, issued a new rule that bans federal funding to any nursing home that requires its residents to enter mandatory pre-dispute arbitration agreements upon admission. The rule prevents nursing homes from forcing residents to submit any disputes [...] Read More
Fixing The Problem – Not The Blame (INET v DFW Airport Board)
Published Date: November 5, 2016
INET v DFW Airport Board, 2016 WL 1445205 (5th Cir., April 12, 2016) Who is responsible for defective design under Texas law? The contractor, under Lonergan? The owner, under Spearin? A recent Fifth Circuit decision suggests that in some cases this might be the wrong question when design responsibility is disputed. The appellate court recently remanded a case back to [...] Read More
Preliminary Injunction Issues Against Fair Pay and Safe Workplaces Rule
Published Date: October 28, 2016
On July 31, 2014, President Barack Obama issued Executive Order 13673. As subsequently amended, the Executive Order purports to “increase efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that they understand and comply with labor laws.” On August 25, 2016 the Federal Acquisition Regulation (“FAR”) Council published the final FAR [...] Read More
Federal Court of Appeals Signals End to Project Labor Agreement Requirements
Published Date: October 1, 2016
Recently, a federal court in New Jersey issued a decision which very well may invalidate all Project Labor Agreements ("PLA's") entered into as a condition to receipt of tax incentives for private development. Tax incentives utilized to promote private development are different, according to the court, than typical public works projects where PLA requirements have generally been held valid. Owners, [...] Read More
