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Put Up Your Dukes

Employers rely on bullies. Bullies push innovation, motivate co-workers and generate business. However, bullying in the workplace creates risks, and employers are facing new liabilities for failing to address bullying. Bullying is prevalent and comes from all directions. According to the Workplace Bullying Institute, an estimated 27% of Americans report experiencing abusive conduct at work, and 72% report being aware of workplace bullying. Similarly, a survey commissioned by CareerBuilder of full-time employed private sector employees indicated that 28% of employees reported having experienced or were currently experiencing bullying in the workplace.

WSHB Case Update: McMillin Albany LLC et al., v. The Superior Court of Kern County

Builders have been waiting more than two years for the decision on the fiercely contested issue of whether or not the Right to Repair Act cuts off a homeowner's right to assert common law causes of action against a builder relating to alleged construction defects. This morning, the Supreme Court resolved that question in favor of the builders. The import of this decision is huge for those developing residential real estate in California as set out below.

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WSHB’s Constance Endelicato Wins Lawyer Monthly Legal Award

Constance Endelicato, partner at WSHB, receives the Lawyer Monthly magazine Legal Award 2017 in the category of Elder Abuse Litigation. Endelicato is an accomplished lawyer with more than 29 years of experience in defending health care professionals in all disciplines of medicine, including physicians, hospitals, skilled nursing facilities, and surgery centers. Having never been defeated, Endelicato’s cases range from catastrophic injuries to elder and dependent abuse, wrongful death actions, and mass tort litigation.

Is the Mandatory Notice Process in Chapter 558, Florida Statutes, A “Suit” Within the Meaning of a Particular Commercial General Liability Policy?

The answer to this certified question (from the 11th Circuit to the Florida Supreme Court, Altman vs. Crum & Forster ("C&F"), SC16-1420) directly impacts Florida construction defect lawsuits and the cost of insurance. If a 558 notice (a mandatory pre-suit notice requirement in Florida expressly designed to provide a voluntary opportunity to resolve a construction defect claim "through confidential settlement negotiations without resort to further legal process") is not a "suit" triggering a defense, then those in the construction industry (builders, contractors, design professionals, etc.) might decline the pre-suit alternative dispute resolution process.

Clean Up Your Own Mess

As real estate becomes an increasingly utilized avenue of investment, particularly in the commercial context, those involved in the purchase and sale of property must protect themselves from potential pitfalls presented by environmental regulation and enforcement. As such, it is vital that persons involved in real estate transactions be aware of and account for the fundamental federal laws governing the pursuit of a clean and healthy environment.

Why Can’t We Be Friends?

There are hundreds if not thousands of articles out there on tips for dealing with difficult opposing counsel. But what if it’s not opposing counsel who is being difficult? What do you do when your client’s personal counsel is the one creating unnecessary strife? Whether you are the assigned defense counsel or the claims professional, you can’t just tell the insured client or their counsel to take a long walk off a short pier, so you have to find a way to make it work. If you are personal counsel, have you examined your own behavior and asked yourself why you are making things more difficult than necessary?

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