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Eckert Seamans attorneys analyze legal decisions, pending legislation and industry trends to help clients anticipate and prepare for potential changes in the marketplace. Writing for external publications, client newsletters and alerts, our attorneys offer insightful analysis and nationally recognized expertise.
Eckert Seamans

Construction Law Report

Fall 2011
In this issue: Dual shop operations require careful planning and implementation; An overview of indemnity clauses; Litigation history of a contractor as a factor in public procurement; Be mindful of who you hire: New GAO decision underscores potential conflict of interest problems with retaining former federal agency employees; To owners and general contractors: Before termination, review the bond; Waivers of consequential damages; United States Supreme Court Emphatically Affirms Federal Policy Favoring Arbitration.

Fall 2009
In this issue: Early contractor involvement; American versus European contract terms; Federal bid protests; Bad faith claims against sureties; Oil and gas liens; Pay if paid clauses; New AAA rules; Protecting your trademark; New Pennsylvania mechanic’s lien amendments; and Executive Order 13502.

Spring 2009
In this issue: Cost adjustment clauses in construction contracts; Duty of reasonableness in cost-plus contracts; Statutes of limitations on performance bond claims; Misrepresentation claims against architects and engineers; Pennsylvania enacts home improvement contractor registration law; and New OSHA crane regulations.

Fall 2008
In this issue: Eco-construction: Building green may cost you green; Design specifications, performance specifications and the significance of the “approved equal”; Statute of Repose update; Potential liability of a general contractor to its unlicensed subcontractor; and Tax considerations in construction bidding.

Winter 2008
In this issue: Construction Bonds; Public School Contracting; Underground Construction; Employment Update; Tax Update; Delay Claims; News for Suppliers; and Arbitration,

Fall 2007
In this issue: A copyright primer for the construction industry; Preserving Project Records - How long is long enough?; Expansion of negligence-based duties in the construction process; Changes to Standard Contract Documents - American Institute of Architects revisions; and Protecting Against Financial Problems - An ounce of prevention. 

Summer 2007
In this issue: Safety and Construction Managers; Is My Claim Covered?; Arbitration Clauses in
Construction Contracts; Alert On Contracting; Construction Law Practice News; Eckert Seamans Makes
New Law; and Stormwater Management Program.


Summer 2006
In this issue: Third-party claims against construction professionals; Pre-commencement lien waivers abolished in PA; Contracting practice struck down in Pennsylvania; A closer look at two recent PA construction cases; Construction Law Practice News; “Time is Money”; and Stormwater BMPs manual.


Legal Update

Spring 2010
In this issue: The risk of appealing an arbitration award; Rumors of the EFCA's death may be greatly exaggerated: While card check fervor may have faded, it's important now to understand the binding arbitration provision; The value of social media tools for legal marketing; Firm news; Does your health and wellness plan violate GINA?

Fall 2009
In this issue:  After the dust settles: What Ricci V. DeStefano means to employers; Bankruptcy asset sales: Who doesn’t like a bargain?; Lilly Ledbetter Fair Pay Act could change employment litigation landscape for years to come; and Major revision of Board of Vehicles Act signed into law.

Winter 2009
In this issue: Employee Free Choice Act – A change employers may not be prepared for; Of bailouts, bankruptcy and Obama; To jolt economy, President Obama and Congress eye billions in infrastructure spending; and President Obama will leave his legacy in the federal courts. 

Fall 2008
In this issue: LLCs well-positioned to give employees an equity stake: Popular legal form aids recruitment and retention; How do you spell relief: Federal Rule of Evidence 502; and Eckert Seamans announces Technology Grant Program.

Summer 2008
In this issue: Navigating the logistics of e-discovery; Key words, pop-ups, metatags - What is trademark “use” and does it matter; Turning your business “green”; and SAVE THE DATE - Protecting Your Interests: Legal Developments in a Changing Business Climate, A Six-Credit Continuing Legal Education Seminar.

Winter 2008
In this issue: Defending and winning complex litigation: A practical guide for corporate counsel; A primer on proposed tort reform legislation in Pennsylvania; and Small businesses in Pennsylvania — Grants available to improve energy efficiency and prevent pollution.

Fall 2007
In this issue: Why appellate counsel? The benefits of the seasoned appellate practitioner; How to create a solid contract management system; The role of Intellectual Property in distressed companies; Eckert Seamans announces major expansion in Philadelphia, West Chester and Harrisburg; and Eckert Seamans establishes Energy Practice Group.

Summer 2007
In this issue: A primer on alternative dispute resolution; Employee Free Choice Act: H.R. 800 could put union organizing efforts on the fast track; Attorneys join Eckert Seamans; and High-low agreements: Watch out!

Spring 2007
In this issue: Supreme Court declines to limit trivial retaliation claims; Litigation management of electronically stored information – the new litigation team; Attorneys join Eckert Seamans; and Slugging it out? Ten things you should know about shareholder disputes in privately-held companies.

Summer 2006
In this issue: Eckert Seamans wins $20 million punitive damage award for coal broker; Attorney Francine Friedman Griesing explains the common misconceptions about attorney-client privileges; Patent trolls threaten not only technology developers, but also technology users. David Radack explains what to do about them; Changes in the Law; and Firm Developments.

Summer 2005
In this issue: Eckert Seamans represents Magna Entertainment Corp.’s interests in the shaping of Pennsylvania’s slot machine legislation; Employers are going to have to amend most existing executive compensation plans, thanks to the American Jobs Creation Act signed into law in October 2004. Kate English discusses the new requirements; Provisional patent applications offer patent applicants several benefits, but many applicants have misconceptions about the protection they offer. Arnold Silverman explains the pros and cons of provisional applications; and Changes in the Law Developments.

Fall 2004
In this issue: Eckert Seamans helps Citynet expand from a local Internet and Web services provider to a fully integrated national provider of voice, data and Internet services; Electronic data is growing in importance as evidence in litigation, often revealing who knew what and when; New health savings accounts give employees another option in their attempt to contain spiraling employee benefit costs; and Changes in the Law Developments.

Winter 2003
In this issue: Eckert Seamans helps Goldner Hawn and MetalTec Holding Company recover costs on an acquisition gone bad; A regular review of employee classifications can save businesses millions of dollars in fines for violations of the Fair Labor Standards Act.; Heightened government scrutiny of corporate financial reporting puts new pressures on executives - Steven Delinsky discusses how they can meet their corporate responsibilities in the new environment; and Changes in the Law Developments.

Summer 2003
In this issue: Eckert Seamans is providing advice and counsel in the dissolution of St. Francis Hospital;  Huge losses in employee 401(k) retirement plans as a result of the stock market downturn may expose employers to employee lawsuits under the Employee Retirement Income Security Act. Paul Yenerall discusses how to comply with the Act; Delaware is the jurisdiction of choice for an increasing amount of corporate and intellectual property litigation. Karen Turner discusses why and how clients can benefit
from Eckert Seamans’ new Delaware office; and Changes in the Law Developments.


Winter 2002
In this issue: Eckert Seamans has added prominent attorneys in all its offices; Legal management tools and information technology can help contain the cost of litigation and promote a successful outcome; The Federal Reserve's cuts in the inter-bank loan rate and new debt management tools are changing how bond issuers are structuring their financing . Peter Carlucci and Elizabeth Lynch discuss what these developments mean; Changes in the Law; and In Memoriam : "Mel" Mellott.

Fall 2001
In this issue: Eckert Seamans assists a major national media company in pursuing its growth strategy; Using technology to help manage and coordinate the defense of product liability lawsuits in multiple jurisdictions reduces costs and produces consistent outcomes; The privacy standard of the Health Insurance Portability and Accountability Act sets requirements for how healthcare providers handle patient medical data. Sharon Loftus and Heidi Hamman Shakely discuss what it means; and Changes in the Law Developments.


Philadelphia Report

Fall 2009
In this issue: Third Circuit clarifies “Patient Dumping” Statute; Disqualifying a witness from testifying about conversations with a decedent; Underscoring the Cheeseman Standard; When should a party not move to strike a jury demand?; and Pleading requirements post-Twombly and Iqbal.

Spring 2009
In this issue: Decertifying Neurontin class action; Leave required for victims of domestic or sexual violence; Ensuring a timely appeal from an arbitration award; Judicial assignment changes; and Clarifying a party’s right to four peremptory challenges.

Fall 2008
In this issue: ADR Protocols; Preemption denied in Paxil case; Introducing E-filing to the Civil Division of
Philadelphia’s Court of Common Pleas; and Statutory employers in the construction industry.


Winter 2007
In this issue: Statute of limitations and “discovery rule” clarified; “Trial by jury” – Jury demands in the Court of Common Pleas; The pros and cons of having three arbitrators; and Eckert Seamans expands its trial practice in Philadelphia, West Chester and Harrisburg – Adds 22 attorneys from McKissock & Hoffman.

Fall 2007
In this issue: Recent verdicts in Philadelphia and neighboring counties; Recent preemption decision; Witness Preparation and Conduct Suspicion of client-coaching forces reopening of executive’s deposition; and Court certifies class action in “off-label” promotion pharmaceutical case.

Summer 2007
In this issue: Juries award plaintiffs in hormone replacement therapy cases; New relief for victims of real estate title transfer fraud; Administrative changes in the court; Pennsylvania Supreme Court gives guidance on pre-complaint discovery; and Eckert Seamans expands Philadelphia office.

Winter 2006
In this issue: Effort designed to regularize scheduling, reduce backlogs. “Spoliation of evidence” Doctrine intended to protect defendants; Courts provide clear guidance to litigators; Resolution reached on joint and several liability law in Pennsylvania; and Mistrial called following bizarre facts and jury misconduct.

Fall 2006
In this issue: Moving to open a confessed judgment? Act fast; High-low agreement reduces $30 million jury verdict; How confidential are mediation communications?; and Make sure that your client is willing and able to settle.

Summer 2006
In this issue: Four recent cases interpreting assumption of the risk principles; Appellate practice in C.P. Phila: The importance of complying with Rule 1925(B) ; Philadelphia no longer a "Judicial Hellhole"; Commerce court update; and More CCP tidbits.

Winter 2006
In this issue: A review of Rule 1006(d)(1) transfer motions and 42 Pa. C.S. § 5322(e) motions to dismiss; Philadelphia Cases Clarify the Burden Under the “Learned Intermediary” Doctrine; Commerce Court Awards $8.3 Million in Broadcast Breach of Contract Action; New Trial on Damages for ‘Exorbitant’ Verdict; Important Changes in Court Management; and Philadelphia’s Commerce Court: A Model for Handling Business Disputes.


Technology Law

January 2006
In this issue: Update on Online Keyword Advertising: Geico/Google, et al.; Strategies for dealing with Angel Investors; and Employee Blogs: Management's New Headache.

September 2005
In this issue: Open Source: It’s Not Just About Software; Compensation and Stock Options: Employers Must Amend Plans; Start-Ups: New Cases Impose Liability against Investors; Extend Protections to Discharged CEOs; Search Engines and Advertising: Battles over Keywords Continue

June 2005
In this issue: Raising Capital: Sarbanes- Oxley and "Finders"; Medical Devices: Cybersecurity; Intellectual Property: Do You Own What You Pay For?; and E-Commerce: FTC Clarifies Anti-Spam Law.



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