The DH Benchmark: Summer 2008
Inside this Issue
Maternity Leave: It’s Not Just For Women Anymore
By Sarah K. Willey, Esq.
New Federal Law Prohibiting Discrimination on the Basis of Genetic Information
U.S. Supreme Court Revisits Retaliation Claims In Employment Context
Structuring a Merger for Architects & Engineers
By James DeLeo, CPA, MST
Gray, Gray & Gray, LLP
E-Verify is Alive, Well, and Gaining Speed
Read MoreAlert: Design for Construction Safety Initiative
We call your attention to a construction safety initiative that appears to be gaining traction within certain segments of the design and construction industry.
Read More“Public-Private Partnerships: Opportunities and Risks for Engineers and Constructors Involved in Subsurface Projects”
Design Professional White Paper by David Hatem, PC
Read MoreThe Design and Construction Management Professional Reporter: April 2008
Inside this Issue
New York Court Imposes Duty on Design Professional to Third-Party Owner in Light of Certifications to City Building Department
By Douglas M. Marrano, Esq.
Arizona Court of Appeals Upholds a Limitation of Liability Clause, but Rules that a Jury Must Decide the Enforceability of the Clause
Nebraska Federal Court Denies Summary Judgment for Architect on Professional Negligence Claim
By Douglas M. Marrano, Esq.
Surety is not Responsible for its Principal’s Punitive Damages
By Sa’adiyah Masoud, Esq.
Public-Private Partnerships: Opportunities and Risks for Engineers and Constructors Involved in Subsurface Projects
Read MoreThe Accountant/Attorney Liability Reporter: April 2008
Inside this Issue
Deductibility of Investment Advisory Costs for Estates and Trusts After Knight
Accountants Prevail in Enforcing Limitation of Liability Clause in Engagement Letter
The Importance of Defining the Scope of the Engagement
Work Product Doctrine Protection for Tax Accrual Papers on Appeal
By Mark D. Szal, Esq. and Cheryl A. Waterhouse, Esq.
Auditor May Be Primarily Liable for Securities Fraud for Failure to Correct False or Misleading Financial Opinions
By Douglas M. Marrano, Esq.
Read MoreThe DH Benchmark: Spring 2008
Inside this Issue
Guilt by Association: An Employer’s Liability for Hiring an Employee with a Non-Compete Agreement
Former Employee Challenges Massachusetts Law Prohibiting Gender Discrimination Claims Against Businesses with Fewer than Six Employees
By Doulgas M. Marrano, Esq.
Privately-Held Companies and Section 404 of the Sarbanes-Oxley Act of 2002
By Travis M. Drouin, CPA, CIA,
Partner, Moody, Famiglietti & Andronico
The High Cost of Slacking Off : Ramifications for Breach of the Implied Covenant of Good Faith and Fair Dealing
A New Declaration of Independence — Doing It Right: The Revised Independent Contractor Law
Read MoreDesign Professional White Paper: “Design Responsibility in Integrated Project Delivery: Looking Back and Moving Forward”
Whitepaper by By David Hatem, PC
Read MoreThe Design and Construction Management Professional Reporter: January 2008
Inside this Issue
Massachusetts Court Rules Design Team Is Not Responsible for Contractor’s Failure to Perform Work
By John W. Dennehy, Esq.
Georgia Court Upholds Enforceability of Limitation of Liability Clauses in Favor of Design Professional
Mississippi Appeals Court Rejects Exculpatory Clause Argument
United States Court of Federal Claims Finds No Breach of Implied Warranty
By Peter C. Lenart, Esq.
Texas Case Reviews Power of the Discovery Rule
By Samuel R. Pierce, Esq.
The Pendulum Begins to Swing Back: Recent Judicial Limitations on the Negligent Misrepresentation Exception to the Economic Loss and the Spearin Implied Warranty Doctrines
Read MoreStatement Of Clarification On Recent Press Coverage
Over the last few weeks, two articles were posted on the web that presented a unilateral view on recent events surrounding our efforts toward resolution of lingering disputes related to the July departure of partners from Donovan Hatem.
Read MoreDonovan Hatem Announces Partner Promotions and Attorney Hires
Donovan Hatem LLP is pleased to announce the recent election of two Partners and the addition of twelve attorneys, further expanding and strengthening the firm’s risk management, litigation, and transactional capabilities.
Read MoreThe Accountant/Attorney Liability Reporter: October 2007
Inside this Issue
Immigration Impact On Employment Practices
First Circuit Finds No Attorney-Client Relationship Exists Between Counsel Retained By A Corporation And A Corporation’s Investors
Court Enforces Limitation Of Liability Clause In Accountant’s Engagement Letter
Court Holds Statute Of Limitation Begins To Run When Client Incurs Legal Fees To Defend Claims Arising From Accounting Firm
Read MoreThe Design and Construction Management Professional Reporter: October 2007
Inside this Issue
The Existence Of A Fiduciary Duty Between Architect And Its Client Is A Question Of Fact
By Jordan S. Rattray, Esq.
Massachusetts Supreme Judicial Court Recognizes Joint Defense Privilege Under The Common Interest Doctrine
By Amanda Y. Sirk, Esq.
There Is No Common Law Right To Indemnity Against Design Professionals For Violations Of The ADA
By Leslie P. King, Esq.
California Appeals Court Rejects Public Owner’s Attempt To Disclaim Geotechnical Data
By David H. Corkum, Esq.
Pursuing Legal Defenses At The Outset Of Litigation Can Be The Difference Between Winning And Losing
By Damian R. LaPlaca, Esq.
Read MoreThe DH Benchmark: Fall 2007
Inside this Issue
Whose Good Will Is It, Anyway?
®, TM and SM – What’s The Difference?
By Sarah K. Willey, Esq.
Business Trends In Executive Compensation And Benefits
By Jim Blue, CEO, The Bostonain Group
Documentation For A Venture Capital Investment In A Private Company
Instant Messaging Use Policies
By Damian R. LaPlaca, Esq.
Read MorePursuing Legal Defenses at the Outset of Litigation Can Be the Difference Between Winning and Losing
A column by Damian LaPlaca
Read MoreThe Design and Construction Management Professional Reporter: July 2007
Inside this Issue
New Hampshire Supreme Court Rejects Plaintiff’s Argument To Apply Both The “Special Relationship” And Negligent Misrepresentation Exception To The Economic Loss Doctrine
Limitation Of Liability Provisions May Not Be Used To Determine Good Faith Settlement Motions
New Mexico Court Rules That Excess Insurance Carrier Must Defend A Design Professional Even Though The Primary Insurer’s Policy Limits Had Not Yet Been Reached
Federal Claims Court Rules That Architect’s Imperfect Plans Did Not Breach Duty or Contract
Federal Claims Court Ruling Suggests That A Plaintiff’s Claims For Breach Of Contract Specifications And Differing Site Conditions May Be Combined
By Melissa S. Lee, Esq.
Immigration Impact On Employment Practices
Read MoreSuffolk County Jury Awards Troy Industries $505,000, a Verdict In Favor of Proprietary Trade Secrets; Judge Issues Permanent Injunction
Late last week, in a significant victory for the protection of company trade secrets, a Suffolk County Superior Court jury rendered a verdict in favor of Troy Industries, Inc. of West Springfield, Massachusetts.
Read MoreLegal Considerations For Design Professionals Involved In The Identification, Evaluation, And Mitigation Of Geo-Hazards
Presented by ASCE Metropolitan Section Geotechnical Group, New York City
Read MoreThe Design and Construction Management Professional Reporter: April 2007
Inside this Issue
Adjudication Of Contractor’s Defective Specification Claim “Collapses” Into Its Parallel Differing Site Condition Claim
By David H. Corkum, Esq.
Court Of Appeals Rules Engineer Entitled To Award Of Attorneys’ Fees In Unsuccessful Suit By Contractor
Engineer May Have A Duty To A Surety, Despite An Exculpatory Clause Stating Otherwise
By Jordan S. Rattray, Esq.
Georgia Federal Court Grants Summary Judgment For Architect On Breach Of Contract And Negligence Claims
Armed Services Board Of Contract Appeals Substantially Rejects Contractor’s Multi-Million Dollar Claim For Damages
Read More“How to Procure a Tunneling Project: Part I, The Problem; Part II, The Solution”
Co-authored by David H. Corkum for Underground Infrastructure Management
Read More