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The DBL Law Blog

IPD and Public Infrastructure: A Bridge Over Troubled Water

Posted By: Joseph Cleves | email: jcleves@dbllaw.com
The Louisville and Southern Indiana Ohio River Bridges Project is currently one of the largest public infrastructure projects in America and continues to move toward construction. However, one of the major issues that must be decided before construction can commence is determining what delivery method will be used on the project. On September 13, 2011, the Louisville and Southern Indiana Bridges Authority issued a Request for Information (“RFI”) to aid in its selection of a delivery model and financial plan for the project. Read More...
Posted in: Construction   | October 31, 2011

Clicking “Agree”: A Brief Discussion on “Terms and Conditions” For Technology Users

Posted By: Ryan McLane | email: rmclane@dbllaw.com
In today’s cyber-society, the electronic services, programs, and technology that we use on a daily basis often come with the unavoidable “Terms and Conditions.” The technology product typically confronts us with such terms through a long list of “fine print” concluded by a clickable box labeled “Agree.” I would venture that all the readers of this blog have encountered this. Most of you probably click “Agree” without reading the fine print or giving the matter a second thought. Read More...
Posted in: Civil Litigation   | October 28, 2011

New Posting Requirement from NLRB

Posted By: Kelly Schoening | email: kschoening@dbllaw.com
A new rule requires most private employers to post a notice of employee rights that are guaranteed under the National Labor Relations Act. (NLRA) The rule was effective November 14, 2011 but that date was recently pushed back to January 31, 2012. The NLRA protects worker’s rights to unionize and engage in concerted activity. Read More...
Posted in: Employment & Labor   | October 25, 2011

Ohio Supreme Court Upholds Insurance Policy Limitation of Action Clauses

Posted By: David Dirr | email: ddirr@dbllaw.com
In two recent cases, the Supreme Court of Ohio upheld limitation of action clauses in two insurance policies. Limitation of action clauses narrow the timeframe, which is 15 years by statute in Ohio, in which an insured may sue to enforce a policy. Read More...
Posted in: Civil Litigation   | October 21, 2011

Employers Beware: EEOC Looks to Step Up Enforcement

Posted By: Kevin Hoskins | email: khoskins@dbllaw.com
In an age where government budget cuts have become the norm, the Equal Employment Opportunity Commission (“EEOC”) is requesting an $18 million increase in its year-over-year budget for fiscal year 2012.  According to the Commission, it needs more money to restore enforcement and legal staff positions, modernize technology, and expand training.  The EEOC also wishes ... Read More...
Posted in: Employment & Labor   | October 21, 2011

Employers Possibly Affected by Judge’s Opinion On Tracking Individuals’ Movements

Posted By: Todd McMurtry | email: tmcmurtry@dbllaw.com
A U.S. District Judge recently issued an opinion with potentially broad implications for law enforcement, and possibly employers, regarding the use of technology to track the movements of individuals. Read More...
Posted in: Civil Litigation, Employment & Labor   | October 21, 2011

Contractors Beware: You May Have “Constructive” Knowledge of Safety Violations and Not Even Know It

Posted By: Ryan McLane | email: rmclane@dbllaw.com
The Kentucky Court of Appeals issued a decision this summer reinforcing the strict burden placed on contractors to comply with safety regulations. Specifically, the decision requires employers to take personal responsibility to ensure that their employees on the work site follow those safety regulations. To issue a monetary penalty for a safety violation, the Kentucky Occupational Safety and Health Review Commission (KOSHRC) must find that the employer had knowledge of the violation. However, the knowledge requirement includes either “actual” or “constructive” knowledge. With that in mind, contractors need to understand that KOSHRC and the Kentucky Courts interpret “constructive knowledge” very broadly. Read More...
Posted in: Construction   | October 18, 2011

You’re Invited to LCI’s Benefits in Lean Series Seminar

Posted By: Joseph Cleves | email: jcleves@dbllaw.com
The Ohio Valley Chapter of the Lean Construction Institute is please to announce its next program.  On November 16, 2011, we have scheduled a behind-the-scenes tour of Toyota’s Georgetown, Kentucky plant.  The tour will last one hour and is to be followed by a two hour panel discussion on the application of lean manufacturing principles ... Read More...
Posted in: Construction Alerts   | October 17, 2011

Employment Considerations in Mergers and Acquisitions

Posted By: Kelly Schoening | email: kschoening@dbllaw.com
Mergers and acquisitions present many complex legal and business issues. One of the main issues to consider are the employees. This includes the hiring or firing of the seller’s employees as well any potential employment liabilities. Read More...
Posted in: Employment & Labor   | October 13, 2011

Ohio House Bill 153 Expands Permissible Methods of Construction Delivery

Posted By: Todd McMurtry | email: tmcmurtry@dbllaw.com
Recently passed House Bill 153 provides public authorities with significantly expanded construction contracting options. Prior to this Bill, Ohio public authorities used a multiple prime method of contracting. Now, they may utilize a number of construction contracting options. Read More...
Posted in: Construction   | October 6, 2011

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