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LEED can Help Mitigate Legal Risks in ESG Disclosures

Green Building Law Update

This blog post highlights the legal risk associated with ESG disclosures and proffers that with green building practices companies can mitigate their legal risk while still being responsive to the trend of investor demands for more disclosure. Make no mistake, there is no U.S.

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FTC Cracks Down on Environmental Marketing Claims

Green Building Law Update

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. Clear Choice Housewares, Inc. Carnie Cap, Inc.

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Verdant Checked Cannabis is Coming

Green Building Law Update

While we all have been focused on the Presidential election results, cannabis law reform won in eight out of the nine states where it was on the ballot, from California to Massachusetts, on November 8, making clear the that the public is ready to put the harsh prohibitionist pot policies of the past behind us. But the U.S.

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Appeals Court Construes Massachusetts Prompt Payment Act for First Time, Requiring Strict Compliance

Constructlaw

For the first time, the Appeals Court of Massachusetts has construed the Massachusetts Prompt Payment Act (the statute), requiring strict compliance on the part of owners and contractors who wish to withhold payments from contractors or subcontractors. In Tocci Building Corporation v.

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The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement

Best Practices Construction Law

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

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Green Building Codes Not Eligible for Copyright Protection

Green Building Law Update

Courts have applied that still governing law to rule that the building codes of various governments from Massachusetts to Texas cannot be copyrighted. But in recent years, some courts have sought to distinguish cases from that bedrock law. And such is why this new decision from the Eleventh Circuit is so important.

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LOL! OMG. HUH? Court Finds That Text Message Can Form Binding Contract

Best Practices Construction Law

Two Electronics, LLC , the Massachusetts’ Land Court concluded (in what appears to be a case of first impression) that a string of text messages can constitute a writing under the Statute of Frauds sufficient to bind the parties to sell certain property. ” Second, claims succeed or fail based upon the documentation.