This past Tuesday, the U.S. Environmental Protection Agency (EPA), Department of Army, and Army Corps of Engineers proposed a repeal of the controversial 2015 federal waters rule covered by the Clean Water Act. As we have previously reported in blogs and seminars, this very controversial prior rule encompassed management of rivers, streams, wetlands, and other...Read More

“Your assumptions are your windows on the world. Scrub them off every once in a while, or the light won’t come in.” ~Isaac Asimov PDF Version>>> In an effort to “scrub off our windows,” Kahn, Dees, Donovan & Kahn, LLP, recently asked KDDK clients to complete a satisfaction survey. This is the fourth such survey...Read More

General contractors need to be cautious in the language of project agreements as to not assume a duty of care to employees of subcontractors and sub-subcontractors. In April this year the Indiana Supreme Court ruled in Ryan v. TCI Architects/Engineers/Contractors Inc. that, even if a duty of care is passed to subcontractors in later contracts,...Read More

Last Friday (June 2, 1017), Louisiana’s Second Circuit Court of Appeals affirmed the lower court’s award of more than $23 million, plus attorney fees, to Gloria’s Ranch, LLC, for damages incurred by the defendants’ refusal to release their oil and gas lease after it expired according to its terms in Gloria’s Ranch, L.L.C. v. Tauren...Read More

Alexander Acosta, Secretary of Labor for the U.S. Department of Labor (DOL), announced today the withdrawal of the Wage and Hour Division’s (WHD) administrative interpretations (AI) on independent contractors and joint employment, which were issued in 2015 and 2016, respectively. These Obama-era sub-regulatory measures had established new standards for the agency to use in determining...Read More

While it is commonly held that land use and zoning analysis for a new development – or new use of an existing development – should begin during the site selection process, there is a common misconception that only the owner of a property can seek a rezoning or other land use approvals.  Actually, a prospective...Read More

Last week, the U.S. Supreme Court reaffirmed the legality of the Federal Arbitration Act (“FAA”) and employer arbitration agreements in Kindred Nursing Centers, Inc. v. Clark.  This ruling from the nation’s highest court is undoubtedly a positive one for employers who wish to arbitrate disputes rather than going to court. In Kindred, the U.S. Supreme...Read More

Although often considered an afterthought, insurance requirement provisions are one of the most critical topics to be addressed in a commercial contract. A well-drafted insurance requirement provision can help a party decrease the risk associated with a particular project, or shift the consequences of that risk to another party.  Moreover, even the most stringently worded...Read More

[vc_row][vc_column][vc_column_text] New Leader, New Rules: The President Trump White House and impactful environmental and commercial real estate law developments [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”2/3″][vc_column_text]Whether you’re involved in the design, purchase, sale, lease, construction, redevelopment, or remediation of commercial property, the stakes are too high to not be in compliance with the latest rules and regulations. In this FREE...Read More

The Indiana Court of Appeals has issued what, in this author’s humble opinion, could become a landmark decision in the area of Indiana worker compensation law.  In Masterbrand Cabinets v. Waid, the Court ruled that an injured employee is entitled to TTD (temporary total disability) benefits even though he was fired for actions unrelated to...Read More