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Insurance Coverage for Soft Cost Claims

Builder’s risk insurance can include coverage for both “hard costs” and “soft costs.” Hard costs are tangible costs which are directly related to building, such as labor and construction materials. Soft costs are indirect costs and are less tangible than hard costs. Soft costs include things such as architecture, inspection,...

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Enforceability of Browsewrap Agreements

Many companies’ websites use clickwrap and browsewrap agreements as a way for website users to assent to certain terms related to use of the website or doing business with the company which operates the website. Both types of agreements are intended to obtain user consent for things such as how the user may be contacted, how the user’s data may...

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Non-compete clauses are often found in employment agreements and prohibit an employee from competing with their employer following the termination of their employment. Non-compete clauses typically state that an employee may not work for a competitor of their employer for a specific number of years following the termination of their employment. Such...

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California’s Proposition 65 law (“Prop 65”), officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted to protect Californians from exposure to potentially dangerous chemicals and carcinogens. Prop 65 requires businesses to provide warnings to consumers about exposure to potentially dangerous chemicals and...

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Employers May Not Discriminate for Prior EEOC Complaints

Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits employment discrimination based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information. The U.S. Equal Employment Opportunity Commission (“EEOC”) enforces...

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