Does a construction manager have a legal duty of care to workers for job site safety?
Does a construction manager have a duty of care to employees of contractors and subcontractors to provide a safe project site? This was the question that the Indiana Supreme Court addressed in its opinion...
Dangers of mortgage lending without up to the minute title search
Sometimes, a lender lends money secured by real estate without a current search of the public records to determine whether any lien might have priority over the lender’s mortgage. Loan documents are executed, funds...
EPA issues proposed rule limiting carbon dioxide emissions from new power plants
Earlier today, the Environmental Protection Agency issued the proposed Carbon Pollution Standard, a rule limiting carbon dioxide (CO2) emissions from new fossil-fuel powered electric power plants. If adopted, this proposed rule would establish the...
U.S. Supreme Court kicks Myriad, the Gene Patent Case, back to the Federal Circuit for consideration
In a move that was not unexpected, the U.S. Supreme Court has vacated and remanded Assn. For Molecular Pathology v. Myriad Genetics (often referred to as “the gene patent case”) to the U.S. Court...
U.S. Supreme Court decision gives rise to new challenges for patent protection
In a significant decision that could particularly impact the field of personalized medicine, the U.S. Supreme Court invalidated patent claims to a blood test used in the treatment of autoimmune diseases. In the March...
Lender Liability and Self "Mirandizing"
Anybody who has ever watched a TV police drama or movie has heard a Miranda warning—“You have the right to remain silent, anything you say can and will be held against you in a...
A developing area of bank examination
One of the many unknowns for banks from the Dodd Frank Act is the role of the Consumer Financial Protection Bureau (CFPB). Part of CFPB’s mission statement is promoting transparency and consumer choice and...
Kentucky Supreme Court rejects shareholder level discounts
The recent decision by the Kentucky Supreme Court in Shawnee Telecom Resources, Inc., successor by merger to Shawnee Technology, Inc. v. Kathy Brown establishes important precedent for determining fair value in dissenters’ rights actions...