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  • Client Alert
January 27, 2015
January 23, 2015
January 9, 2015

The Nebraska Court of Appeals recently found that when a contractor provides an owner with an express warranty to repair defects in a project, the four-year statute of limitations for breach of either that express warranty, or for the implied warranty of workmanlike performance, does not commence running until the end of the warranty period. See James Adams v. Manchester Park, L.L.C. and Southfork Homes, Inc., 22 Neb. App. 525, 885 N.W.2d 819 (Neb. Ct. App. 2014). The contractor involved in the decision has petitioned the Nebraska Supreme Court for further review of the case. However, if not altered by the Nebraska Supreme Court, Adams would mean that the statute of limitations for construction breach-of-warranty claims does not begin to run at substantial completion, but instead at the end of any contractually agreed warranty period. Contractors therefore will want to watch closely the Nebraska Supreme Court’s decision with regard to the Adams case.

January 1, 2015

On January 1, 2015, the new Occupational Safety and Health Administration (OSHA) recordkeeping rule will go into effect which may reveal higher daily death and injury numbers.

December 14, 2014
November 20, 2014

Delaware courts continue to recognize potential liability against officers, directors and the investors that appoint them.

November 15, 2014
CMS extends November 15 deadline for "contributing entities" to submit their 2014 enrollment counts for the transitional reinsurance program contributions.
November 7, 2014
The Supreme Court of Delaware recently held, in answering a question certified to it by the United States Court of Appeals for the Second Circuit, that a termination statement authorized to be filed by the secured party becomes effective to terminate the related financing statement regardless of the secured party’s actual intent regarding the filing. Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, 2014 WL 5305937 (Del. Supr. Oct. 17, 2014) (General Motors). The case presents the difficult issue of whether or when a lender can rely on the UCC record and, in particular, the effectiveness of a filed UCC termination statement.

Please read our client alert for more information.
November 5, 2014
An interesting case on securities accounts from the United States Bankruptcy Court for the Eastern District of Pennsylvania addressed the issue of whether a creditor’s perfected security interest in a securities account remained perfected in sub-accounts that were created post-closing. In re GEM Refrigerator Co., 512 B.R. 194 (Bankr. E.D. Pa. 2014).
November 3, 2014
Late Friday afternoon (October 31, 2014), the Center for Medicare & Medicaid Services (CMS) announced it will not be enforcing the regulations relating to unique health plan identifiers (HPIDs) until further notice. The enforcement delay applies to all HIPAA-covered entities, including health plans.
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