The United States Court of Appeals for the 5th Circuit has been asked to review OSHA’s twenty year old “controlling employer” policy.  As many contractors are surprised to learn, under OSHA’s controlling employer policy, you can be given an OSHA citation even when your own employee is not exposed to the alleged hazard.

A.  The

Yes, c-mail. Let me explain.

I am part of a certain segment that came of professional age at the dawn of the internet revolution.  We spent the first 18-20 years of lives completely – or mostly – detached from the internet, and the other half completely immersed in it.  I guess that gives us a unique perspective on the whole thing.


Continue Reading Dear Clients: Step away from the C-Mail

Sadly, in Philadelphia, the City that gave birth to the United States Constitution, respect for the Constitution by government officials is woefully lacking.  Luckily, the United States Federal Court for the Eastern District of Pennsylvania, which sits in Philadelphia, has served as a bulwark to Philadelphia bureaucrats who ignore the individual freedoms the Constitution guarantees. Last week, Judge Michael Baylson handed economic liberty advocates a huge win in Checker Cab Philadelphia v. The Philadelphia Parking Authority.  The importance of the decision has national implications.


Continue Reading Huge Win for Economic Liberty

The National Review recently published an article about the wide ranging economic and social impacts of the death of traditional mid-market shopping malls.  The article is not overtly political and at time waxes nostalgic about the prototypical 1980’s shopping mall.  However, the article highlights real problems facing the owners of these malls and other traditional shopping centers.

Continue Reading The Death of Retail and Legal Issues

This is a guest blog post from LexShares, a leading funder of commercial litigation. They can be reached by emailing info@lexshares.com or calling 877-290-4443. 

As many daily headlines in the business sections of newspapers across the country will attest, business is not for the faint of heart.  Meticulously planned deals can fall through at the eleventh hour; partners may prioritize their own short-term gains over the long-term well being of the company; competitors could engage in smear campaigns meant to expand their base at any cost, even at the expense of good will others took decades to build.  When your business suffers unfairly from the misdeeds of third parties, sometimes the only recourse is to resolve the dispute in court.


Continue Reading How to Fund Your Lawsuit to Get the Justice You Deserve

Last week, I posted about how whistleblowers continue to receive large settlements related to DBE fraud. A somewhat recent case from the federal court in Maryland shows how whistleblowers are ferreting out DBE fraud on construction projects receiving any form of federal funding.

The Case

The case involves a bridge painting project in Maryland that was let by the Maryland State Highway Administration. The contract required the prime contractor to meet a 15% DBE participation goal.  The prime contractor submitted a bid stating it would have 15.12% DBE participation.  After it was awarded the contract, the prime contractor – as is typical – submitted additional forms certifying to the MSHA that 15.12% of its contract price would be performed by a DBE firm.  The prime contractor indicated that one DBE subcontractor, Northeast Work and Safety Boats, LLC (“NWSB”), would perform the 15.12% of the work.


Continue Reading District Court Allows DBE False Claims Act Case to Proceed

On December 22, 2016, the Pennsylvania Commonwealth Court issued an important opinion that has flown under the radar somewhat.  The case Rufo v. Board of Licenses and Inspection Review, invalidates a major portion of Philadelphia’s so called windows and doors ordinance, which requires owners of vacant properties to install glass windows and doors with