Federal Trade Commission Votes to Ban Non-Compete Agreements
ENR Construction
APRIL 24, 2024
Chamber of Commerce plans a legal challenge to the rule; a construction group is weighing a similar action.
Highlights from the Greenbuild Legal Forum
Green Building Law Update
OCTOBER 10, 2011
This year, the US Green Building Council hosted the 2nd Annual Legal Forum at Greenbuild 2011. Attorney Dan Sheridan provided a thorough recap of the Legal Forum on his blog, Legally Green. It may surprise you to learn that I attended many non-legal presentations at Greenbuild as well.
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SEC Charges Mining Company with Misleading Investors in its ESG Disclosures
Green Building Law Update
MAY 29, 2022
Securities and Exchange Commission last month charged Vale S.A., ESG has become such a large component of my law practice that I am now collaborating with a fabulous group of attorneys in ESG Legal Solutions, LLC, a new law consulting firm. Nancy Hudes and I are now publishing a new blog at www.ESGLegalSolutions.com (.
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A Corporate Diversity Benchmark in ESG
Green Building Law Update
AUGUST 29, 2021
ESG has become such a large component of my law practice that I am now collaborating with a fabulous group attorneys in ESG Legal Solutions, LLC, a new non-law consulting firm. Some have questioned should this bill be legally challenged, would a reviewing court find it violates the Equal Protection Clause of the U.S. We suggest not.
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What Certifications Does A Crane Need To Operate On Construction Sites?
Construction Marketing
JUNE 19, 2023
A solid commitment to safety can help reduce legal liabilities resulting from accidents or non-compliance with safety regulations. NCCCO Certification The National Commission for the Certification of Crane Operators (NCCCO) is a crucial authority in certifying crane operators of various types.
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FTC Settles Charges Over Deceptive Zero VOC Claims
Green Building Law Update
JULY 23, 2017
Four paint companies have agreed to settle Federal Trade Commission charges that they deceptively promoted products as containing zero volatile organic compounds (VOCs) or as emission free, including during and immediately after application. The Commission vote to accept the consent agreements was 2-0. and ICP Construction Inc.
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Historic Church Appeals to Higher Authority in Solar Dispute
Green Building Law Update
JULY 31, 2016
The First Parish in Bedford, Unitarian Universalist church has appealed from a decision of the Historic District Commission of the Town of Bedford that denied First Parish’s application for a certificate of appropriateness to install solar panels on its Meetinghouse roof. Until 1954 the roof shingles were wooden.
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SEC Chair Tweets about Upcoming ESG Regulation
Green Building Law Update
MARCH 13, 2022
Securities and Exchange Commission Chair Gary Gensler Tweeted about the future of ESG regulation. And such may be well received by the business community that is already subject to regulation, from the Federal Trade Commission to the Department of Agriculture, defining terms of green, sustainable and the like. Last week U.S.
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Less Climate Change Disclosure by Public Companies
Green Building Law Update
DECEMBER 11, 2016
Publicly traded companies are required to disclose material business risks to investors through regular filings with the Securities and Exchange Commission. Since February 8, 2010, the SEC has expressly required disclosure related to climate change. If not, the guidance could be withdrawn and there will be less climate change disclosure.
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OSHA Alert: How to Prepare for an OSHA Inspection
FDR Safety
MARCH 19, 2020
Consulting with the company’s legal counsel about difficult or special problems, such as search warrants or subpoenas. Being courteous and polite, but firmly exercising the company’s legal rights. Unlike non-supervisory employees, the statements and admissions of a supervisor may legally bind the company.
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Administrative law judge rules against OSHA on enterprise-wide abatement
FDR Safety
NOVEMBER 8, 2013
An administrative law judge has fired what may amount to a legal “shot across the bow” at OSHA, ruling that the agency has been overstepping its bounds on the issue of enterprise-wide abatement. that there was “no commission or other precedent” to support OSHA’s position. dba Delta Beckwith Elevator Co.
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SEC Alters Environmental Disclosure Requirements for First Time in 30 Years But
Green Building Law Update
SEPTEMBER 20, 2020
Longstanding Federal law requires disclosure of “any material pending legal proceedings, other than ordinary routine litigation incidental to the business, to which a [public company] or any of its subsidiaries is a party or of which any of their property is subject.”
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Construction Law: March 2024
Construction Law
MARCH 1, 2024
Editor Nick Barrett says a Public Accounts Committee report on HS2 provides little cheer to anyone hoping that the UK could somehow successfully deliver infrastructure investment on the scale highlighted recently as essential by the National Infrastructure Commission. Speed might however introduce commercial and legal risks, they warn.
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Commercial Construction Costs – Canada
Job Order Contracting
JANUARY 25, 2018
Legal fees • Soil and environmental tests. Management costs • Broker commissions. . • Government registered programs • Purchaser upgrades. Insurance and bond costs • Appraisals. Special design consultants • Land surveys. Special equipment and furnishings • Property taxes. Site services outside the property • Contingencies.
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OSHA dealt setback in 18-year dispute over alleged willful violations
FDR Safety
MAY 31, 2012
Holmes of Jones Day and published by the Washington Legal Foundation, describes the tortured path of the case, which included a 13-year delay at the Occupational Safety and Health Review Commission. After the citation was issued, the case went to an administrative law judge and then to the Review Commission.
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Tips for Enacting Workplace Mask, Vaccine Requirements
Pro Builder
AUGUST 18, 2021
Equal Employment Opportunity Commission. But recent court decisions have provided legal support, Blue added, including one ruling upholding a Texas hospital's mandate. The trend of vaccination mandates instituted by employers follows a few major developments, Blue said, including the May updated technical assistance issued by the U.S.
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Nebraska Approves Keystone XL Pipeline
Construction Equipment
NOVEMBER 20, 2017
Nebraska's Public Service Commission voted 3-2 to allow the expansion of the Keystone XL Pipeline to expand into their state. The commission’s decision is a legal decision subject to appeal, something opponents of the pipeline have said they will do. The 2,600+ mile long line stretches from the Dakotas to Texas.
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Gotcha: FTC Enforcement of "VOC Free" Claims for Paint
Green Building Law Update
SEPTEMBER 19, 2013
But the legal implications for green marketing claims call for caution. The Federal Trade Commission’s Green Guides set forth the Commission’s current views on environmental marketing to help business avoid making unfair or deceptive claims. had deceptively advertised their paint products as “zero VOC.
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What the LEED Pilot for Wood Is and What It Is Not
Green Building Law Update
APRIL 17, 2016
Green Building Council is to be applauded for the release last week of the new pilot credit MRpc102 – Legal Wood. What USGBC did do within the April 5, 2016 quarterly addenda to LEED was include a new temporary alternative compliance path credit, MRpc102 Legal Wood| Possible 1 point. So a Legal Wood pilot credit might be a misnomer?
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What the LEED Pilot for Wood Is and What It Is Not
Green Building Law Update
APRIL 17, 2016
Green Building Council is to be applauded for the release last week of the new pilot credit MRpc102 – Legal Wood. What USGBC did do within the April 5, 2016 quarterly addenda to LEED was include a new temporary alternative compliance path credit, MRpc102 Legal Wood| Possible 1 point. So a Legal Wood pilot credit might be a misnomer?
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FTC To Ramp Up Enforcement of Environmental Claims
Green Building Law Update
OCTOBER 22, 2013
The Federal Trade Commission will begin to ramp up enforcement of deceptive environmental claims, according to Jessica Rich, director of the commission’s consumer protection bureau. “A growing number of consumers are looking to buy green products and companies respond with green marketing.
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Climate Change Disclosures by Public Companies
Green Building Law Update
AUGUST 14, 2015
In recent weeks this law firm has received more inquiries than at any time in recent years about the Securities and Exchange Commission’s disclosure requirements for public companies as they apply to climate change matters. When a company is required to file a disclosure with the Commission, those disclosures (e.g.,
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Safety off the job for July 4th
FDR Safety
JULY 2, 2015
The Consumer Products Safety Commission offers the following tips for using fireworks. Make sure fireworks are legal in your area before buying or using them and be sure to purchase your devices from a licensed distributor. Never allow young children to play with or ignite fireworks.
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Phases of Commercial Real Estate Development
Construction Marketing
JANUARY 25, 2023
The success of a commercial real estate development project depends on many factors, including the ability to secure financing, navigate the legal process, and manage risks. However, working directly can save the developer the commission they would have to pay the broker. Construction is a critical component of the development process.
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EPDs are New and Untested but in Short Order will Dominate
Green Building Law Update
MARCH 18, 2014
The White paper is legally not correct, but who would seek legal advice from architects (even a well respected architecture firm like Perkins+Will)? The White paper is legally not correct, but who would seek legal advice from architects (even a well respected architecture firm like Perkins+Will)?
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120 FTC Cracks Down on Environmental Marketing Claims
Green Building Law Update
NOVEMBER 5, 2013
The Federal Trade Commission announced six enforcement actions last week, including against companies that marketed supposedly biodegradable plastic rebar cap covers, plastic golf tees, and plastic shopping bags, as part of the agency’s ramped up crackdown on environmental claims.
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Climate Change Disclosures by Public Companies
Green Building Law Update
AUGUST 14, 2015
When a company is required to file a disclosure with the Commission, those disclosures (e.g., The Commission issued guidance that public companies should consider disclosing in their SEC filings the financial impact of compliance with environmental laws. COP 21 is only weeks away).
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Coronavirus and airline travel in Europe: No empty plane seats under EU plan
Construction Test
MAY 15, 2020
The European Commission made the non-binding recommendations on Wednesday as part of wider proposals to salvage the ailing tourism sector, which previously represented some 10 per cent of the EU’s economic output and employed almost 12 per cent of its workforce. Similar rules will apply to other public transport and to cruise ships.
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Renewable Energy Claim is Deceptive
Green Building Law Update
MARCH 4, 2018
But it is suggested that the Federal Trade Commission’s Green Guides, designed to help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act, 15 U.S.C. §
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153 FTC Order Restricts use of “All Natural”
Green Building Law Update
JANUARY 1, 2017
The Federal Trade Commission issued a summary decision against California Naturel, Inc., Nor was the FTC persuaded by California Naturel’s argument that the disclaimer it added renders its marketing claims “transparent” (the word of the year, but that has no legal or other import).
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Law360 Recognizes Troutman Pepper Practices as 2021 Practice Groups of the Year
Constructlaw
JANUARY 19, 2022
According to Law360 , 91 firms submitted nearly 900 nominations for the awards, which “honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.”. The firm is also a preeminent member of the highly specialized Federal Energy Regulatory Commission (FERC) bar.
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Green Building Codes Not Eligible for Copyright Protection
Green Building Law Update
OCTOBER 28, 2018
confronting profound and difficult issues about the nature of law in our society and the rights of citizens to have unfettered access to the legal edicts that govern their lives” to hold that no valid copyright interest can be asserted in any part of a code adopted by government. This case is Code Revision Commission v.
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159 State Not County has Authority to Regulate Solar Farms
Green Building Law Update
DECEMBER 9, 2018
The question before the Maryland Court of Special Appeals was whether existing state law, which grants the Maryland Public Service Commission general regulatory powers over electric generating stations, including a “solar energy generating system,” preempts local zoning regulation regarding the location and construction of such a generating station.
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174 Mind Your Administrative P's & Q's When Rejecting Energy Code Changes
Green Building Law Blog
APRIL 10, 2013
The New Mexico Construction Industries Commission (the "Commission") sought to adopt changes that would have removed any energy conservation provisions from the New Mexico codes that exceeded the 2009 International Energy Conservation Code (IECC). " Southwest Energy Efficiency Project v. 313838, April 4, 2013 (N.M.
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40 Mind Your Administrative P's & Q's When Rejecting Energy Code Changes
Green Building Law Blog
APRIL 10, 2013
The New Mexico Construction Industries Commission (the "Commission") sought to adopt changes that would have removed any energy conservation provisions from the New Mexico codes that exceeded the 2009 International Energy Conservation Code (IECC). " Southwest Energy Efficiency Project v. ." 313838, April 4, 2013 (N.M.
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Organic on the FTC Agenda
Green Building Law Update
OCTOBER 16, 2016
The word is “organic” as it relates to non-agricultural products is the topic of the October 20, 2016, roundtable sponsored by the Federal Trade Commission and the U.S. Department of Agriculture. This is a big deal.
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How To Challenge An Unemployment Claim in Louisiana
Construction Law Monitor
JANUARY 19, 2011
In Louisiana, unemployment claims are administered by the Louisiana Workforce Commission. ” If a former employee has applied for unemployment benefits and you contend that the employee does not qualify, you’ll need to provide the Louisiana Workforce Commission with sufficient information to justify your position.
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State Law Trumps on Location of Solar Panels
Green Building Law Update
JULY 28, 2019
But the Court in this 7 – 0 decision, applying the principles of implied preemption to PU § 7-207, found it is clear that the legislature intended to vest final authority with the State Public Service Commission for the siting and location of generating stations requiring a Certificate of Public Convenience and Necessity from that State body.
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Maryland Resets it Trajectory with Greenhouse Gas Reduction Law
Green Building Law Update
APRIL 17, 2022
Securities and Exchange Commission issued a proposed new rule to mandate Tier 1, 2, and 3 GHG emissions disclosures by public companies and the many other businesses in their supply chains. The bill’s principal sponsor clarified that it is 2024 GHG emissions that will be first reported to the state in 2025. yes, this blog will continue).
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Do Pawn Shops Take Steel-Toe Boots?
Work Gearz
DECEMBER 21, 2021
You do not receive any legal document or contract once you pawn your things at a pawn shop. Cons: Website fee and commission are very high. Cons: They take a commission on your sale depending on how much your boots are being sold for. They do not take any commission on your sale. No official contract.
Top OSHA Violations in Construction (2021)
Levelset
JUNE 29, 2022
Legal fees. Contractors can appeal violations to the Occupational Safety and Health Review Commission (OSHRC) through their local OSHA office. On-demand legal help you can afford. Legal Guard puts a team of construction attorneys in your corner, on call for contract review or legal advice when you need it.
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52 Energy Efficiency Policy Report Published
Green Building Law Blog
NOVEMBER 16, 2011
As I mentioned in a previous post, I led a study this summer analyzing the legal policy and process factors impacting commercial building energy efficiency in Pennsylvania and New Jersey. The study was commissioned by the Department of Energy-led Greater Philadelphia Innovation Cluster for Energy Efficient Buildings ( GPIC ).
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40 Would you apply for this job?
Construction Marketing Ideas
DECEMBER 20, 2012
In my opinion, the best “employees” are not actually employees (both in the legal and practical sense). Here, employees use the Human Rights Commission as a ploy to extract substantial settlements, even though they are utterly incompetent and are in fact scamming the system. The “human rights” game.
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54 Project Foundation Pt. 2: Building the Master Budget
Stok
JULY 29, 2018
This includes the architect, design engineers, project manager, and all other consultants such as Acoustical, AV, IT, Structural, Food Service, Code, Permit Expediter, Graphics / Signage, Commissioning Agent, and so on. For a medium to large sized corporate client, legal review may be in-house in which case there is no cost to the project.
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