Eleventh Circuit Joins the Consensus: Qui Tam Relators Are Not “Officers” Under Appointments Clause
By Scott P. Fitzsimmons, Senior Partner (McLean, VA) In United States ex rel. Zafirov v. Florida Medical Associates, LLC, the Eleventh Circuit held on September 1, 2026, that the qui tam provisions of the False Claims Act (“FCA”) do not violate Article II’s Appointments Clause, reversing a district court that had reached the opposite conclusion. […]
Watt Tieder attorneys named among The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America for 2027
We’re proud to recognize the Watt Tieder attorneys named among The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America for 2027. This recognition reflects the depth of experience and commitment to excellence our attorneys bring to clients across construction law, bankruptcy, and commercial litigation. The Best Lawyers in America® – 2027 […]
50-State Guide on Electronic Execution of General Agreements of Indemnity
Watt Tieder is pleased to have contributed to the newly published 50-State Guide on Electronic Execution of General Agreements of Indemnity, prepared for the American Bar Association Fidelity and Surety Law Committee and The Surety & Fidelity Association of America (SFAA). The guide provides a state-by-state analysis of how electronic execution can affect surety rights […]
Project 2050: Exploring the Future of the Construction Industry
The future of construction is being built today and the conversations shaping it are happening October 29-30 in Washington, DC at the Project 2050 Symposium, sponsored by the American College of Construction Lawyers, the National Academy of Construction, and the National Academy of Engineering. Senior Partner Shelly Ewald will co-moderate the first afternoon session alongside […]
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 […]