Hotels Shifting to Extended-Stay Properties Face Greater Scrutiny from Insurers
Although extended-stay hotels do not make up a large part of the industry’s capacity, more operators are switching to this business model. Extended-stay hotels are increasingly profitable for their owners. That’s because they have relatively steady occupancy and they can maintain a lower staffing level. Plus, they do not need to provide as many services […]
New Federal Pipeline Safety Regulations Present New Legal Challenges
The Pipeline and Hazardous Materials Safety Administration (PHMSA) has recently completed its decade-long rulemaking exercise that increases regulation of onshore natural gas pipelines. As a result, pipeline operators will now face new legal issues that could pose challenges to their businesses. PHMSA’s new Final Rule on Valve Installation and Minimum Rupture Detection Standards may also […]
In some cases, the injury from being exposed to a harm does not occur until years later. These losses do not occur all at once; instead, they happen over time. The dilemma is that the insurance policy covering these losses may have expired, and the premiums were already paid by the time the damage is […]
The Environmental Protection Agency (EPA) has proposed new rules that would add PFAS chemicals to the list of hazardous substances covered under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). If these new rules take effect, they will have dramatic impacts, both on consumers and public utilities. Although the EPA has made addressing the issue of […]
Medical practices may face external audits by both governmental entities and private health insurance providers. The audits are undertaken on behalf of those who pay claims to review billing practices and ensure the integrity of the process. Government audits can include Medicare, Medicaid, and recovery audits. The results of the audit can have significant implications […]
Employers often have an interest in ensuring that details of the workplace do not get out into the general public. Accordingly, they often require employees and other business associates to sign nondisclosure agreements (NDAs) as a condition of working at or with the company. Employees, who want a job, usually do not feel as if […]
Keeping a Business in the Family: Transition Planning for Your Business
When you have spent your life building a business, you will have multiple concerns about a transition when you are no longer able to run it. Not only will you probably want to keep the company within your family, but you will also want to ensure a smooth transition in order to keep family relationships […]
Companies are increasingly focusing on ESG issues, as major institutional and individual investors closely follow and support them. For example, investment managers like BlackRock will no longer invest in shares of companies that do not have and follow their own ESG policies. These days, battle lines have been drawn around the issue of ESG investing; […]
New Rule for Determining Joint-Employer Status Under the NLRA
The National Labor Relations Board (NLRB) recently proposed a new rule which restored a prior interpretation that was changed under the Trump Administration. Although the rule is described as new, it is merely the latest step in a battle over what actually creates an employment relationship. The NLRB’s new rule makes it easier for an […]
In City of Chicago v. Fulton, the U.S. Supreme Court held that creditors do not violate the automatic bankruptcy stay when they merely retain property they took before the bankruptcy petition was filed. Now, as this decision has been legal precedent for over a year, stakeholders are beginning to learn how courts are interpreting and applying […]
American Carbon Registry’s Proposed Changes for Carbon Credits
Many states have fallen behind when it comes to plugging abandoned oil wells. Not only can they not keep up with wells as they are abandoned, they do not even know of all of the orphaned wells within their borders. Producers themselves currently lack the economic incentives to plug the wells, even though they may […]
Insurers Have No Duty to Defend Insured Absent a Request for Coverage
In general, an insurance company has a duty to defend a policyholder when they are subject to litigation. However, as evidenced by a recent case in the Fifth Circuit, this duty is not unlimited. The policyholder must notify the insurance company of the lawsuit and specifically, request the insurance company defend them in the litigation. […]
