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Adobe PDFDefendant Hoist Manufacturer Awarded Attorney's Fees in Trade Dress Case Secalt v. Wuxi Shenxi Construction Machinery
Janet A. Marvel; Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP;
Legal Alert/Article
February 13, 2012, previously published on February 9, 2012
In Secalt S.A. v. Wuxi Shenxi Construction Machinery Co., Ltd., Nos. 10-17007 & 11-15066, 2012 WL 373102 (9th Cir. Feb. 7, 2012), plaintiff, a manufacturer of traction hoists (typically used for commercial building and window washing), alleged that it owned trade dress rights in the following...

 

HTMLHB1265: Significant VA Mechanic's Lien Change Bill Pending
Neil S. Lowenstein; Vandeventer Black LLP;
Legal Alert/Article
February 10, 2012, previously published on February 7, 2012
Del. Purkey has advanced HB1265 to require pre-notification of intention to file mechanic's liens by contractors at least 60 days in advance before filing the lien. If passed, this bill would have a significant impact upon current Virginia mechanic's lien law, and have significant practical...

 

HTMLThe Enforceability of “No Injunctions Clauses” Against the Party Holding Performance Security
Samuel Tyrer, Sefton Warner; Norton Rose Canada LLP;
Legal Alert/Article
February 8, 2012, previously published on February 2012
Where a contractor is required to provide performance security to a principal in connection with a construction contract, regardless of the form of that security, many principals also seek the inclusion of a term that the contractor must not injunct or restrain the principal from having recourse to...

 

HTMLD.C. Green Building Act - January 1, 2012 Update
Christine A. Roddy, Paul A. Tummonds; Goulston & Storrs A Professional Corporation;
Legal Alert/Article
February 7, 2012, previously published on January 2012
As of January 1, 2012, the District of Columbia’s Green Building Act (“GBA”) requires that all new construction and major renovation of non-residential buildings greater than 50,000 square feet meet the LEED requirements.

 

HTMLAttorney General: Pre-Proposition 26 Green Building Standards Fee Is Not A Tax
Jon E. Goetz, Jeffrey L. Massey; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article
February 7, 2012, previously published on February 3, 2012
The Attorney General concluded the charge that cities and counties are required to collect from all applicants for building permits pursuant to Health and Safety Code section 18931.6 are regulatory fees, not taxes. (Attorney General Opinion, No. 09-903, December 27, 2011.)

 

HTMLInterim Rule Requiring Government Contractors’ Compliance Records to Be Publicly Available on Federal Government’s Contractor Performance and Integrity Information Website Is Revised and Now Final
Andrew E. Mishkin, Robert A. Prentice; Duane Morris LLP;
Legal Alert/Article
February 2, 2012, previously published on January 31, 2012
An interim rule requiring key matters regarding government contractors' violations of federal procurement requirements to be available on a searchable public website maintained by the U.S. federal government has recently been revised and finalized. The items included on the public website are...

 

HTMLAre Your Proposed Subcontractors on the Excluded Parties List?
William M. Dozier; Vandeventer Black LLP;
Legal Alert/Article
February 2, 2012, previously published on January 2012
Prior articles have dealt with the necessity of Government Contractors to conduct themselves with the highest degree of integrity and honesty. When a contractor fails to so conduct itself, it runs the very real risk of being suspended or debarred from Government Contracting. Prior articles have...

 

HTMLDon't Let Tunnel Improvements Take a "Toll" on your Cost of Doing Business
Gretchen M. Ostroff; Vandeventer Black LLP;
Legal Alert/Article
February 2, 2012, previously published on January 2012
The Virginia department of transportation (“VDOT”) recently announced plans to begin construction later this year on the Midtown Tunnel/Downtown Tunnel/MLK extension project, which, among other things, will create a new midtown tunnel tube and rehabilitate the existing midtown and...

 

HTMLSudden Policy Re-direction/Congress Restricts LEED Spending at Department of Defense
George M. Nicholos; Vandeventer Black LLP;
Legal Alert/Article
February 2, 2012, previously published on January 2012
The Department of Defense (DoD) has been at the forefront of implementing goals in areas of energy efficiency, renewable energy, recycling, water conservation, and use of sustainable building strategies which were set by Executive order 13423 which was enacted by President George Bush in 2007. In...

 

HTMLUtah Court of Appeals Ruling Leaves Enforceability of Mechanic's Lien Subordination Agreements in Utah Unclear
David W. Zimmerman; Holland & Hart LLP;
Legal Alert/Article
January 31, 2012
A recent Utah Court of Appeals ruling creates uncertainty regarding the enforceability of mechanic's liens subordination agreements in Utah.

 


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