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Home » Topics » Legal

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PHCN0125_man signing online contract.jpg
Legal Pipeline

Online Agreements to Arbitrate: What Plumbing Professionals Should Know

When using digital contracts, know what to look for and follow best practices to better protect your rights.
January 6, 2025
Steven Nudelman

Columnist Steven Nudelman highlights the importance of understanding arbitration as a binding dispute resolution method and the potential limitations on legal rights when accepting digital contracts.


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TW1024_business dispute resolution-litigation or arbitration.jpg
Legal Perspective

Litigation or Arbitration: Which is Better? You Be the Judge!

Each of these dispute resolution avenues includes certain advantages and disadvantages of which you need to be aware.
October 2, 2024
Daniel Beederman

Every relationship, whether personal or business, starts with high expectations and the hope that everything will go smoothly as planned.


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PE1024_discovery word cloud.jpg
Legal Pipeline

Don’t Be a Discovery Doofus

Take document drudgery seriously or be prepared to pay the price.
October 2, 2024
Steven Nudelman

In litigation, courts view the failure to take discovery obligations seriously, such as failing to preserve electronically stored information.


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TW0724_noncompete contract.jpg
Legal Perspective

Are Noncompete Clauses No Longer Enforceable?

It all depends on who the parties are, the purpose or circumstances of the clause, and the outcome of pending legal challenges to the FTC’s final rule.
July 1, 2024
Daniel Beederman

Since April 23, when the Federal Trade Commission (FTC) announced its final rule regarding noncompete clauses, I have received numerous calls and emails asking if such clauses are no longer binding and effective. 


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iStock-1899531815.jpg
Legal Pipeline

Will Copyright Law Protect Design Professionals from AI Purveyors?

A pending federal copyright infringement lawsuit may be of particular significance for plumbing design professionals.
May 6, 2024
Steven Nudelman

A pending federal copyright infringement lawsuit may be of particular significance for plumbing design professionals.


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PHCN0324_insurance law and subrogation waivers.jpg
Legal Pipeline

Mutual Waiver of Subrogation in Prime Contract May Not Protect the Subcontractor

Ensure your construction attorney examines the contract and researches how courts in the project’s jurisdiction interpret subrogation waivers.
March 4, 2024
Steven Nudelman

Understanding waivers of subrogation and their effect on the contractor and subcontractor allows parties to construction contracts to better allocate their risk and negotiate the contract price. It is crucial to consult insurers before entering into such an agreement.


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TW0324_corporate compliance.jpg
Legal Perspective

Focusing On the Law

The new CTA reporting requirements will likely not be overly burdensome for small businesses with simple ownership and operating structures.
March 4, 2024
Daniel Beederman

Maybe it’s me, but nothing rings in the new year quite like a new batch of compliance regulations.


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iStock-1411630763.jpg
Feature

Copyright Infringement Ruling

D.C. Circuit Court of Appeals holds non-commercial use of standards incorporated by reference into law is fair use.
January 8, 2024

On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement.


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PE1223_conflict resolution-arbitration-contract.jpg
Legal Pipeline

To Arbitrate or Not

The answer lies squarely in the parties’ agreement; courts will often defer to the express dispute resolution provisions in the parties’ agreement.
December 4, 2023
Steven Nudelman

When it comes to arbitration in a contract dispute, it is important to remember to read the contract. Courts give parties wide latitude to structure their own arbitration agreement. Parties may agree on arbitration as a method of dispute resolution, the specific rules to be followed and the scope.


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PE1023_jobsite meeting.jpg
Legal Pipeline

Proximate Cause Required to State a Claim for Professional Negligence

If the claimant fails to prove both types of causation, it will not succeed in recovering any damages allegedly sustained.
October 2, 2023
Steven Nudelman

Looking back to a case from 1973, Steven Nudelman explains this negligence claim where a contractor was forced to pay for additional materials and labor because of an architect’s errors and omissions.


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