Upcoming Event: Hot Topics in the Construction Industry
Please join us at our Washington, D.C. offices on January 26th for a complimentary breakfast seminar that will provide a cross-disciplinary overview of various issues facing the construction industry. Lawyers from our Construction, Government Contracts, Commercial Disputes, Labor & Employment, Real Estate, Intellectual Property, Antitrust, and e-DAT practices will discuss recent legal, regulatory, and legislative developments affecting construction companies and government contractors.
Topics To Include:
- Construction claims
- Copyrights in architectural drawings
- Killer contract clauses
- The American Recovery and Reinvestment Act of 2009
- Unfair trade issues arising from submitting bids
- Bid protests
- Insurance coverage issues for construction companies
- Commercial lease agreements
- Mechanics liens and payment and performance bonds
- Employment and immigration issues for government contractors
- Document retention and litigation issues related to e-mail and electronically stored information
Maryland Gets Tough On Classification Of Workers As “Independent Contractors”
By Michael Schrier and Joel Rubinstein
The State of Maryland is cracking down on what it perceives to be a problem with construction or landscaping contractors and subcontractors misclassifying workers as “independent contractors” instead of as “employees.” Maryland’s new enforcement mechanisms have the potential to impose significant penalties for misclassification. As a result of these new enforcement schemes, all construction companies with workers located in Maryland and who are classified as “independent contractors” should carefully review such classifications for compliance with new statutory and enforcement regimes to make sure such workers have not been inadvertently misclassified.
To read the full article, click here.
K&L Gates Arbitration World, October 2009
From the Editors
Welcome to the 10th edition of Arbitration World, a publication from K&L Gates’ Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and in-house counsel with responsibility for dispute resolution.
We hope you find this edition of Arbitration World of interest, and we welcome any feedback (email: peter.morton@klgates.com or ian.meredith@klgates.com).
In This Issue
• News from around the World
• The Arbitration Fairness Act: A Fundamental Shift in U.S. Arbitration Policy?
• Saipem v. Bangladesh: The Use of an Investment Treaty to Enforce an Arbitral Award
• ReliaStar Life v. EMC National Life: Second Circuit Allows Award of Attorneys’ Fees as a Sanction for “Bad Faith” in the Face of a Contrary Contract Term
• International Arbitration in Singapore: Recent Developments
• Proposed Changes in the Interface Between Courts and International Arbitration in the EU
• A Sea Change in 28 U.S.C. § 1782 Cases? U.S. Fifth Circuit and Two District Courts Refuse Discovery to Parties to Foreign Arbitrations
• Third Party Funding in Arbitration: A Perspective from England
• Protocol of Enforcement Affords Reassurance on Enforcement of DIFC-LCIA Arbitral Awards and DIFC Judgments Beyond DIFC Boundaries
• Recent English Decisions on Non-Parties to Arbitration Agreements
View the entire October 2009 Edition here.
Pandemic Flu Risk for Major Projects
By Peter Dzakula, K&L Gates
1. What is the risk?
Since the end of April 2009, when swine flu (Influenza A(H1N1)) was first reported in Mexico and the United States , swine flu has spread globally. It has been reported that there are now almost 36,000 cases in 76 countries (with over 6,000 cases in the UK ). As a result, the World Health Organisation has raised the swine flu alert to "Phase 6" and referred to it as a "global pandemic". At this stage, it has been reported that the symptoms of swine flu have been mild and the number of deaths, globally, have been in line with seasonal flu averages. However, it has been said that if the virus mutates and becomes more virulent it will pose a greater threat, particularly in the winter months. The consequences under construction contracts used for major projects in such a scenario are examined below.
To continue reading, click here.
K&L Gates Enters Middle East with Opening of Dubai Office
New York and Dubai— Global law firm K&L Gates LLP has established its 33rd office worldwide with the opening of an office in Dubai, the firm’s first in the Middle East. The launch, which follows K&L Gates international office openings in Singapore and Frankfurt earlier this year, includes the addition of partner Paul de Cordova to the firm’s corporate and projects practices, as well as the relocation of one of the firm’s senior dispute resolution partners, Neal R. Brendel, from the firm’s Pittsburgh office.
“The Gulf Region is, has been, and will continue to be of strategic importance to the global economy,” said K&L Gates Chairman and Global Managing Partner Peter J. Kalis. “K&L Gates is delighted to launch our presence in the Region to serve our distinguished clients who are active in the United Arab Emirates and throughout the Middle East.”