On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit Court”) affirmed a decision by the U.S. District Court for the District of Columbia to deny class certification In re Rail Freight Surcharge Antitrust Litig., No. 18-7010 (D.C. Cir. August 16, 2019). The case involved a putative […]
A common problem faced by contractors and subcontractors is getting paid for work performed on a construction project. This may be the result of the project owner withholding payments or in the case of a subcontractor, the general contractor refusing to issue payments. Whatever the reason, the contractor or subcontractor is faced with the dilemma […]
When entering into a contractor-subcontractor agreement, it is important to carefully review the “boilerplate” to ensure that you as a subcontractor are properly protected and are not being subjected to onerous and unfair obligations. Although as a subcontractor you may have limited bargaining power with respect to negotiating the terms and conditions of the contract, […]
On July 16, 2019, GKG Law submitted an amicus brief to the Supreme Court on behalf of the American Fuels & Petrochemical Manufacturers Association (“AFPM”) and the International Liquid Terminals Association (“ILTA”) in CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd. (“Frescati’”). In November of 2018, GKG Law had submitted an amicus brief in […]
GKG Law recently successfully represented a mechanical and plumbing subcontractor in arbitration in which a general contractor alleged defects in the subcontractor’s performance of work performed on a brewery. The contractor sought in excess of $200,000 in damages plus attorneys’ fees in the arbitration. GKG filed a counterclaim seeking recovery of the unpaid balance under […]
On April 22, 2019, the U.S. Supreme Court (SCOTUS) granted certiorari in a case involving over $143 million in oil spill cleanup costs incurred when a submerged anchor pierced a tanker as it approached a New Jersey refinery. The Supreme Court will address a split among the federal circuits over the applicable standard of care […]
A U.S. Supreme Court ruling written by conservative icon Justice Antonin Scalia has become an unlikely target for business groups. And now the court may be poised to overturn it. Scalia’s 1997 opinion requires judges generally to defer to federal agencies’ interpretations of their own regulations. Industry trade associations say the decision gives agencies too […]
In November 2018, GKG Law, on behalf of the American Fuels & Petrochemical Manufacturers Association (AFPMA) and the International Liquid Terminals Association (ILTA), submitted an amicus brief to the United States Supreme Court on petition for a writ of certiorari. AFPMA and ILTA have members who are stakeholders in the maritime transportation, storage and oil […]
Also published on the National Aircraft Finance Association's website at www.nafa.org. In August 2018, GKG Law reported on the risks posed by service providers filing liens on aircraft for amounts owed for storage, repairs, maintenance or other services relating to an aircraft. In that article, we noted precautionary measures that can be taken to minimize the […]
In the age of internet banking, hackers accessing online banking accounts is a widespread problem. One common fraud scheme involves obtaining a business’s bank account login information and then replacing intended beneficiary account numbers with account numbers belonging to the hacker or his or her accomplice. The account numbers could be swapped on scheduled outgoing […]