Preventing Structural Failures Through Improved Communication of Design Intent
Prevention of structural failures is an objective that contractors, design professionals, owners, developers, steel fabricators, sureties, and construction insurers all share. Just this week an apartment building in Davenport, Iowa, partially collapsed raising concerns about persons who may be trapped inside, and the safety of those who are attempting to perform search and rescue operations in the unsound structure. Construction attorney Greg Parsons takes a look at this issue in this Stites & Harbison Client Alert.
Sixth Circuit Heightens Standard for Sending Notices in FLSA Collective Actions
The Sixth Circuit has significantly altered the way in which Fair Labor Standards Act (FLSA) collective actions are to be litigated in Kentucky, Ohio, Tennessee, and Michigan. Attorneys Kyle Schroeder and Robin McGuffin take a look at those changes in this Stites & Harbison Client Alert.
The Enablement Challenge for Genus Claims Under U.S. Patent Law: How Much Disclosure Is Enough After Amgen v. Sanofi?
Patent attorney Nick Stewart takes a look at the enablement challenge for genus claims under U.S. Patent Law in this Stites & Harbison Client Alert.
It's Gotta Stop!
Unfortunately, racial discrimination still occurs on construction sites throughout the country. Fortunately, leaders within the construction industry are taking steps to eliminate racism and other forms of discrimination within the industry. The Equal Employment Opportunity Commission (“EEOC”) is stepping up enforcement efforts against the construction industry, as demonstrated, in part, by the EEOC’s recent $1.2 million settlement with The Whiting-Turner Contracting Company (“Whiting-Turner”) on a discrimination and retaliation claim. Construction attorney Bill Geisen takes a look at the discrimination issues in construction in this Stites & Harbison Client Alert.
Trademark Law Developments in the Metaverse
The Metaverse (or “Web 3.0”) provides varying levels of access to three-dimensional environments for various decentralized activities such as gaming, commerce, social media, dissemination of authenticated digital assets such as non-fungible tokens (NFTs) and cryptocurrency, and others. Participants can engage in any number of virtual reality activities and transactions with others at any conceivable virtual location, whether based in reality or in fantasy. Not surprisingly, trademark law has now reached the Metaverse.
Health Care Providers and Business Associates Beware: Use of Online Tracking Technology May Violate HIPAA
Entities regulated by the Health Insurance Portability and Accountability Act (HIPAA) may be surprised to learn that use of certain online tracking technology may result in inadvertently sharing information protected under HIPAA with unauthorized third parties. On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued guidance with far-reaching implications for HIPAA regulated entities highlighting their HIPAA compliance obligations when using third-party online tracking technologies designed to collect and analyze information pertaining to a user’s interaction with the regulated entity’s webpages and mobile apps.
Kentucky Becomes 38th State to Legalize the Use of Medical Cannabis
On March 31, 2023, Governor Andy Beshear signed Senate Bill 47 into law legalizing the use of medical cannabis in the Commonwealth. The bill establishes a structure to regulate the medical cannabis program, including dispensaries, cultivators, practitioners, processors and products, and a procedure for issuing identification cards to patients and caregivers. The bill establishes the authorization process for practitioners to recommend the use of medicinal cannabis and establishes the cannabis business license application process and requirements.
“To Text or Not to Text…” Challenges to Defending Employment Matters Involving Text Messages
A client recently received a litigation hold letter from an attorney representing a former employee. It demanded retention and preservation of all “documents and data” relating to or concerning the former employee, their work performance, and termination. The definition of documents and data also included all electronically stored information, “. . . such as e-mail, voicemail, . . . digital audio or video recordings, instant messages, text messages, social media posts, . . . and any other electronic information created, maintained or received by you.”