Technology on the Jobsite: Where BIM, AI, and Legal Risks Collide
By Senior Partner John E. Sebastian and Partner Brian C. Padove, Chicago, IL Digital tools are now firmly embedded in day-to-day construction site operations. What was once an industry that was behind technological advancements with technology limited to pilot programs or large-scale design-build projects – Building Information Modeling (BIM), artificial intelligence, and jobsite automation – […]
Winter Newsletter
Articles Ethical and Privacy Rules Still Apply Even When Delegating Tasks to AI By Senior Partner Jane G. Kearl, Irvine, CA, Partner Amanda L. Marutzky, Irvine, CA, and Kate Given, Columbia University AI has become one of the defining technological advancements of the 21st century. In recent years, legal professionals have begun capitalizing on popular AI-based platforms to maximize […]
Court Issues Preliminary Injunction to Halt Default Termination of Federal Subcontractor
By Senior Partner Scott P. Fitzsimmons, Washington, DC In a significant ruling for the federal government contracting community, a Virginia state court recently granted preliminary injunctive relief to prevent a subcontractor from being terminated for default. In its ruling, the court found that the subcontractor demonstrated that it would likely succeed on the merits that […]
ETHICAL AND PRIVACY RULES STILL APPLY EVEN WHEN DELEGATING TASKS TO AI
By Senior Partner Jane G. Kearl, Irvine, CA, Partner Amanda L. Marutzky, Irvine, CA, and Kate Given, Columbia University Introduction AI has become one of the defining technological advancements of the 21st century. In recent years, legal professionals have begun capitalizing on popular AI-based platforms to maximize efficiency and productivity . But despite the undeniable […]
10 Surety Maxims for Managing Risks and Avoiding Exposure
By Senior Partner Christopher J. Brasco, Partner Matthew D. Baker, and Associate David Gabbay, Washington, DC2 10 Surety Maxims For Managing Risks and Avoiding Exposure1 Complex construction projects are rife with risks which obligees, sureties, and principals must navigate. However, these risks can also present opportunities for innovative solutions. This paper seeks to provide industry […]
A Year of Tension and Transparency: Key Takeaways from the GAO 2025 Bid Protest Report
By Scott P. Fitzsimmons In a climate of heightened scrutiny over federal procurement practices, the Government Accountability Office’s (GAO) Bid Protest Annual Report for Fiscal Year 2025 underscores persistent and emerging issues within the contracting landscape. While the number of protests filed with GAO in FY25 dipped modestly, underlying challenges – ranging from noncompliance with […]
Unlocking Discovery in International Arbitration: Creative Strategies After ZF Automotive
By Robert Cimmino and Aseel Zimmo The Supreme Court’s ZF Automotive decision has thrown a wrench into the gears of international arbitration, significantly limiting access to U.S. discovery under 28 U.S.C.A. § 1782 for private commercial disputes. However, declarations of its demise may be premature. This article argues that ZF Automotive is not an insurmountable […]
The DOT’s Disadvantaged Business Enterprise Program—Is the End Imminent?
By John F. Finnegan III and Thomas C. Dossey Published in the Fall 2025 Issue of Surety Bond Quarterly FOR MORE THAN 40 years, the U.S. Department of Transportation (DOT) has administered its Disadvantaged Business Enterprise (DBE) contracting program, which is designed to satisfy Congress’s mandate that at least 10% of federal highway construction funds […]
Shelly Ewald Elected to National Academy of Construction
We are proud to announce that Senior Partner Shelly Ewald has been elected to the National Academy of Construction (NAC) as part of its Class of 2025. Ewald will be formally inducted at the NAC’s Annual Meeting this October in Colorado Springs, Colorado. Founded in 1999, the National Academy of Construction includes over 500 industry […]
Navigating Federal Government Contracts Under Newly Imposed Tariffs
By Brandon Regan, Partner, and Amanda Z. Sin, Associate (McLean, VA) Introduction The imposition of new tariffs can create significant challenges for federal government contractors. Tariffs on imported goods such as steel, aluminum, and other materials may lead to higher procurement costs and disruption in supply chains. For contractors working under federal contracts, understanding how […]