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Insights
Business Law Perspectives, Legal Updates and Practical Guidance.


Little v. VDM Metals USA: OSHA Issues Don’t Defeat Workers’ Comp Exclusivity
Jonathan Little worked as a material handler at a steel manufacturing facility operated by VDM Metals USA, LLC in Florham Park, New Jersey. His job primarily involved packaging steel into bundles and preparing materials for shipment. On April 20, 2020, during the COVID-19 pandemic, staffing shortages required employees to assist with tasks outside their usual assignments. On the day of the incident, Little’s supervisor asked him to help unload steel from a flatrack trailer. A

Joe Whitcomb
Dec 28, 20250 min read


Roberts v. Collins: Veterans Court Affirms PTSD Rating Reduction After Fraud Findings
Brian T. Roberts served on active duty in the United States Coast Guard from February 1998 to February 2002. In January 2012, he filed a claim for disability compensation with the Department of Veterans Affairs based on post-traumatic stress disorder. Later that year, he also submitted an application for total disability based on individual unemployability, stating that he had stopped working and had no income during the prior year. Over the following years, Roberts underwent

Joe Whitcomb
Dec 26, 20250 min read


Amaya v. Power Design: Fourth Circuit Allows FLSA Claims on DBA Projects
A group of electrical construction workers performed work on a federally funded construction project at the National Naval Medical Center in Bethesda, Maryland. The project was governed by a prime contract awarded by the United States Department of the Navy. That prime contract incorporated the Davis-Bacon Act and the Contract Work Hours and Safety Standards Act. Power Design, Inc. served as an electrical subcontractor on the project and hired additional subcontractors to com

Joe Whitcomb
Dec 25, 20250 min read


Randall v. Widen: Court Lets Fiduciary Duty and Securities Fraud Claims Proceed
Randall Enterprises, LLC was a closely held business owned by members of the Randall family. Over time, ownership interests were divided among family members through operating agreements, amendments, and related transactions. The company’s governance documents addressed management authority, ownership transfers, and the process for resolving disputes among members. A disagreement later arose regarding control of the company and the validity of certain ownership interests. Com

Joe Whitcomb
Dec 24, 20250 min read


One80 Physical Therapy v. Thurlow: Unfair Competition and Trademark Claims Survive
One80 Physical Therapy, P.C. operated physical therapy clinics in Colorado and marketed its services using specific slogans, taglines, treatment descriptions, and advertising language. Nicolas Thurlow worked for One80 as a physical therapist beginning in 2012. During his employment, Thurlow entered into multiple agreements with One80 addressing confidentiality, proprietary information, and employment terms. While still employed by One80, Thurlow began preparing to open a comp

Joe Whitcomb
Dec 23, 20250 min read


Archer Western v. DOT: Failure-to-Provide Equitable Adjustment Claim Is Timely
Archer Western Contractors, LLC entered into a contract with the Federal Aviation Administration to construct multiple air traffic facilities at what was then McCarran International Airport in Las Vegas. The project included an air traffic control tower, a terminal radar approach control building, a parking garage, and a guard shack. Over the course of the multi-year project, the FAA issued numerous contract modifications that altered the scope of work and, at times, caused d

Joe Whitcomb
Dec 20, 20250 min read


Abitron v. Hetronic: Supreme Court Limits Lanham Act’s Extraterritorial Reach
Hetronic International, Inc. manufactured radio remote controls used in construction equipment and sold its products in numerous countries. The company used registered trademarks and a distinctive color scheme to identify its goods. Abitron Austria GmbH and related foreign entities previously served as licensed distributors of Hetronic products in Europe. After the distributor relationship deteriorated, Abitron took the position that it owned rights to certain intellectual pr

Joe Whitcomb
Dec 18, 20250 min read


San Jacinto River Authority v. City of Conroe: Contract Claims Survive Immunity Plea
The San Jacinto River Authority entered into long-term water supply contracts with the City of Conroe and the City of Magnolia as part of a regional groundwater reduction effort in Montgomery County, Texas. The contracts were tied to a groundwater reduction plan that relied on surface water drawn from Lake Conroe. Under the agreements, the cities committed to purchasing surface water and paying associated rates and pumpage fees set by the Authority. The contracts distinguishe

Joe Whitcomb
Dec 17, 20250 min read


JBS Plainwell v. OSHA: Michigan Court Upholds MIOSHA Citation for Unguarded Nip Point
JBS Plainwell, Inc. operated a meat-processing facility where, in February 2019, an employee, Christy Cox, was injured after her torn frock became caught in a wheel on the underside of a conveyor. When Cox attempted to pull the frock loose, her hand was pulled into the moving conveyor. At the time of the incident, the conveyor was missing a top-side guard. A MIOSHA safety officer conducted an inspection the following month and prepared a field narrative report documenting obs

Joe Whitcomb
Dec 9, 20250 min read


IBEW v. Corpus Christi ISD: Workers Gain Standing in Prevailing Wage Dispute
International Brotherhood of Electrical Workers, Local 278, along with a group of individual workers, filed an action against the Corpus Christi Independent School District and members of its Board of Trustees. The workers sought a declaration that the District’s prevailing wage rate determination violated Texas Government Code Chapter 2258 and requested injunctive relief preventing enforcement of the rates. The workers asserted that the District did not adopt wage rates dete

Joe Whitcomb
Dec 7, 20250 min read



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Joe Whitcomb
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Joe Whitcomb
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Joe Whitcomb
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Joe Whitcomb
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