News and Insights

Construction/Traffic Update

From Monday, July 10, through about Thursday, July 13, the half of Locust Street closest to Fifth Street will be closed to all traffic due to construction activity, potentially blocking the main entrance to the KDDK guest parking lot.  In addition, Fifth Street between Main Street and Locust Street ...

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More Coherent Federal Waters Definition Proposed by EPA

This past Tuesday, the U.S. Environmental Protection Agency (EPA), Department of Army, and Army Corps of Engineers proposed a repeal of the controversial 2015 federal waters rule covered by the Clean Water Act. As we have previously reported in blogs and seminars, this very controversial prior rule ...

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Client Satisfaction Survey Shines Light on Areas of Strength, Ways to Improve

"Your assumptions are your windows on the world. Scrub them off every once in a while, or the light won’t come in." ~Isaac Asimov PDF Version>>> In an effort to “scrub off our windows,” Kahn, Dees, Donovan & Kahn, LLP, recently asked KDDK clients to complete a satisfaction survey. ...

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Court Finds General Contractor Owed Duty of Care to Sub-subcontractor Employee

General contractors need to be cautious in the language of project agreements as to not assume a duty of care to employees of subcontractors and sub-subcontractors. In April this year the Indiana Supreme Court ruled in Ryan v. TCI Architects/Engineers/Contractors Inc. that, even if a duty of care...

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Court Awards $23 Million for Failure to Release Expired Oil and Gas Lease

Last Friday (June 2, 1017), Louisiana’s Second Circuit Court of Appeals affirmed the lower court’s award of more than $23 million, plus attorney fees, to Gloria’s Ranch, LLC, for damages incurred by the defendants' refusal to release their oil and gas lease after it expired according to its terms in...

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BREAKING: Secretary of Labor Acosta Withdraws Obama-Era Administrative Interpretations Regarding Independent Contractors and Joint Employment

Alexander Acosta, Secretary of Labor for the U.S. Department of Labor (DOL), announced today the withdrawal of the Wage and Hour Division’s (WHD) administrative interpretations (AI) on independent contractors and joint employment, which were issued in 2015 and 2016, respectively. These Obama-era ...

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Zoning Contingencies in Commercial Real Estate Purchase Agreements

While it is commonly held that land use and zoning analysis for a new development - or new use of an existing development - should begin during the site selection process, there is a common misconception that only the owner of a property can seek a rezoning or other land use approvals.  Actually, a ...

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U.S. Supreme Court Reinforces Right to Arbitration

Last week, the U.S. Supreme Court reaffirmed the legality of the Federal Arbitration Act (“FAA”) and employer arbitration agreements in Kindred Nursing Centers, Inc. v. Clark.  This ruling from the nation’s highest court is undoubtedly a positive one for employers who wish to arbitrate disputes rath...

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Are You Covered? The Importance of Insurance Requirement Provisions in Commercial Contracts

Although often considered an afterthought, insurance requirement provisions are one of the most critical topics to be addressed in a commercial contract. A well-drafted insurance requirement provision can help a party decrease the risk associated with a particular project, or shift the consequences ...

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