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LEED can Help Mitigate Legal Risks in ESG Disclosures

Green Building Law Update

This blog post highlights the legal risk associated with ESG disclosures and proffers that with green building practices companies can mitigate their legal risk while still being responsive to the trend of investor demands for more disclosure. Make no mistake, there is no U.S.

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FTC Cracks Down on Environmental Marketing Claims

Green Building Law Update

The Federal Trade Commission announced six enforcement actions last week, including against companies that marketed supposedly biodegradable plastic rebar cap covers, plastic golf tees, and plastic shopping bags, as part of the agency’s ramped up crackdown on environmental claims. Clear Choice Housewares, Inc. Carnie Cap, Inc.

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Appeals Court Construes Massachusetts Prompt Payment Act for First Time, Requiring Strict Compliance

Constructlaw

For the first time, the Appeals Court of Massachusetts has construed the Massachusetts Prompt Payment Act (the statute), requiring strict compliance on the part of owners and contractors who wish to withhold payments from contractors or subcontractors. In Tocci Building Corporation v.

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Companies are Preparing for ESG Disclosure Rules

Green Building Law Update

There is legal risk associated with ESG disclosures and I have assisted companies for years in mitigating their liability while still being responsive to the trend of investor demands for these disclosures. and the legal adage that bad facts rise to bad law may certainly have been at play in those instances.

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The Bird Box Dilemma: When False Pay Apps and Lien Waivers Are Not Fraudulent Inducement

Best Practices Construction Law

As a construction litigation attorney, the “claim” is often about telling the story of a breach of contract, or failed expectations, or unforeseen delays, all through the testimony of individuals or the introduction of documents. Accordingly, the court granted the motion to dismiss the fraudulent inducement claim.

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Verdant Checked Cannabis is Coming

Green Building Law Update

While we all have been focused on the Presidential election results, cannabis law reform won in eight out of the nine states where it was on the ballot, from California to Massachusetts, on November 8, making clear the that the public is ready to put the harsh prohibitionist pot policies of the past behind us. But the U.S.

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Feeling Rejected? MA Court Construes for the First Time the Provisions of the Prompt Pay Act

Best Practices Construction Law

A Massachusetts court recently held that an owner’s rejection of the contractor’s payment applications was not properly certified and, thus, violated the state’s Prompt Pay Act. If your project is subject to Massachusetts law, the decision in Tocci provides an excellent summary of the Prompt Pay Act. In Tocci Building Corp.