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Oregon Senate Bill 426 (2025): Does a Landlord Face Wage Theft Liability for Tenant Improvement Work?
Oregon Senate Bill 426, signed into law on June 9, 2025, and effective January 1, 2026, represents one of the most significant expansions of wage liability in Oregon's construction industry in decades. The law imposes strict joint and several liabili...
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Can Businesses Be Blamed for Murder? Washington Court Reaffirms That Retailer Is Not Liable for Unforeseeable Third-Party Criminal Acts
A recent ruling out of the Thurston County Superior Court is a welcome reminder for retailers, property owners, and the attorneys who represent them: Washington law does not require businesses to predict and prevent every conceivable criminal act on...
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Discovery of Generative AI in Construction Disputes
Recent decisions on discovery of generative AI usage, particularly prompts, searches, and outputs, reflects a judicial instinct to apply familiar doctrinal framework to new technology, rather than create AI-specific discovery rules. Two decisions iss...
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Scylla and Charybdis in Public Contracting: EO 14398 and MBE Mandates
Executive Order 14398, signed March 26, 2026, is forcing contractors to rethink diversity practices in public procurement. EO 14398 targets “racially discriminatory DEI activities,” placing federal contractors under heightened scrutiny for decision-m...
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Retainage Bonds: A Practical Guide for Contractors and Owners in Washington
This article was prepared by Miller Nash attorney Jim Yand and Integrity Surety founder Kara Skinner as an accompaniment to their April 2026 American Subcontractors Association of Washington presentation entitled “Bonded Instead of Waiting: Understan...
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CARB Adopts Initial Regulations for SB 253 and SB 261: What Businesses Need to Know Now
The California Air Resources Board (CARB) has now taken a significant step toward implementing California’s climate disclosure laws, SB 253 and SB 261, by formally adopting the agency’s first set of implementing regulations.
While these regulations r...
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