Traditionally, facility owners have been presented with a standard set of project delivery options - Design-Bid-Build, Construction Management (Agency or At-Risk), or Design Build. Each of these delivery models has its ardent advocates and industry groups have grown up around them. Despite this range of options, many owners remain dissatisfied...
Many businesses suffered a complete or temporary interruption of their business operations following the World Trade Center and Pentagon tragedies. The Committee's Task Force on Insurance and Terrorism Claims has prepared a checklist of basic procedures and considerations for putting together a potential business interruption claim. The preliminary checklist presented...
The disaster response involves a predictable series of steps, even though the nature of disaster dictates that every situation is different. Some victims may even have the resources they need to save themselves but are unable to reach them, cannot find them, or do not know they exist. To the...
On May 11-13, 2005, experts from the government, business, legal, law enforcement, emergency responder, public health, public works and non-profit sectors met at the McCormick Tribune Foundation Cantigny Conference Center in Wheaton, IL to discuss continuity of operations COOP for the public and private sectors in the event of a...
Recognizing the public policy concerns underlying the war against terror and the battle against corporate corruption, care should be taken to protect the important values represented by a robust attorney-client privilege. The adversary system of American justice is dependant on a relationship of trust between attorney and client. Individuals and...
As the drafters of the Administrative Dispute Resolution Act (5 U.S.C. §§571-584) (see Appendix 2 for relevant sections of the Act) explicitly recognized, protecting sensitive Dispute Resolution DR communications is critical to successful agency use of alternative means of dispute resolution ADR. Confidentiality enhances participants' frank and open communications in,...
Wondering whether the Supreme Court has changed course in movement toward immunization of state governments from federal employment laws, employment lawyers are reviewing the Supreme Court's May 27 decision in Nevada Department of Human Resources v. Hibbs. By a 6-3 vote, the Court affirmed a Ninth Circuit ruling that the...
This article started off with the case of Scott Jordan. Terrorism and pandemics are, of course, two different things. In the raw calculus of death and destruction, bugs win hands down over acts of man. This is the case even where the equation is not so restricted as to encompass...
Reorganization can be initiated without a showing of insolvency, and reorganization can be framed to address only one class of claims-such as present and future mass tort claims-with minimal impact on other claims. An otherwise healthy company can formulate a reorganization plan that leaves substantially all commercial obligations in place,...
This paper deals with the topic that are linked by the common theme that the manner in which risk is constructed has profound implications for the politics of mutual assistance, from private insurance provision to workers' compensation programs and the social safety net. The paper reveals that the dominant understanding...
Within a few hours, the attack on September 11, 2001 (the "Attack") on the World Trade Center ("WTC") in lower Manhattan caused 2,800 deaths, the total destruction of six buildings with 13 million square feet of office space, serious damage to 23 nearby buildings with 21 million square feet, and...
The article is of The Securities and Exchange Commission that adopts rules to fulfill the mandate of Title II of the Sarbanes-Oxley Act of 2002, strengthen auditor independence and require additional disclosures to investors about the services provided to issuers by the independent accountant. It covers the measures introduced by...
The paper focuses on how partners are affected when the firm collapse. Current partners know that they will probably never see a cent from their capital contributions to the firm. Retired partners anxiously wonder whether the retirement accounts will be protected or used to pay creditors and claimants. When the...
From the executive summary: ‘The Sarbanes-Oxley Act increases the number of private and public employees protected by Federal law against retaliation for whistleblowing activities. Employers can expect a significant increase in retaliation complaints and lawsuits. Employers and employment discrimination attorneys worried about civil and criminal liability should also be aware...
Age discrimination claims are on the rise, both in volume of cases filed and size of verdicts. This article discusses the viability of the disparate impact theory in cases alleging age discrimination, the use of statistical evidence in disparate treatment cases, and the practical cumulative effect of multiple claims of...
Rights are always at risk in times of perceived national emergency. The security of the state - what should be the interest of all - may trump the rights and freedoms that individual citizens otherwise expect. How seriously individual rights are disregarded or undermined depends, of course, on what they...
For corporate officers, in-house counsel and strategic planners, the recent crises at companies like Worldcom, Enron, Arthur Andersen and Tyco underscore the mandate that the message of good corporate governance be heard among the legions of corporate directors and senior management. However, in the rush to return to the traditional...
A property purchaser becomes responsible for contamination left by a prior owner or occupant. A lender forecloses and becomes liable for millions of dollars of environmental cleanup costs. A company acquires the stock of another and ends up with a substantial loss because the acquired company's environmental liabilities exceed its...
Sarbanes-Oxley Act of 2002 SOX is an act passed by U.S. Congress to protect investors from the possibility of fraudulent accounting activities by corporations. The rules and enforcement policies outlined by the SOX Act amend or supplement existing legislation dealing with security regulations. The paper examines the provisions of the...
The Task Force on Mediator Credentialing was established for three primary purposes: to inform the Section about past and current dispute resolution professional credentialing practices and policies; to consider the direction the field is moving related to credentialing and to make recommendations to the Section for policy and action; and...
