Safeguarding Your Privileged Construction Information With a Clawback Agreement
June 08, 2026 —
Laura Fraher - Construction ExecutiveFor contractors and construction executives, a
dispute that escalates to litigation brings risks that go well beyond the jobsite. When a dispute escalates to litigation, the attorney-client privilege is a critical protection to safeguard your interests. Disclosing privileged material can undermine your litigation position and, in some cases, negatively impact your business. In the construction context, this often includes sensitive communications about project delays, defect investigations, safety incidents or payment disputes—materials that can significantly impact both liability and reputation.
During litigation, the discovery process requires the exchange of documents and data with your adversary. If privileged materials are disclosed to your adversary during discovery you risk the waiver of your privilege, which in plain terms means you lose the protection of the privilege and make the privileged information, and in some cases all other information related to the same subject matter, available to your adversary. It is critical that your attorney take steps to protect against the unintentional disclosure of privileged materials during discovery to avoid a waiver.
Reprinted courtesy of
Laura Fraher, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...Ms. Fraher may be contacted at
lfraher@barclaydamon.com
Sausage-Making Often Relies on the Good Sense of the Chef Rather than the Recipe
June 23, 2026 —
Garret D. Murai - California Construction Law BlogEven for lawyers, the rules governing litigation can get complex and convoluted. Does something need to be filed? What needs to be filed? When is the deadline for filing?
Simple questions with not always with straightforward answers.
This was the case in
R & J Sheet Metal, Inc. v. W.E. O’Neil Construction Co. of California, 111 Cal.App.5th 878 (2025), which involved sheet metal panels lost when they fell into the Port of Long Beach harbor.
Read the full story...Reprinted courtesy of
Garret D. Murai, Nomos LLPMr. Murai may be contacted at
gmurai@nomosllp.com
Traub Lieberman Recognized in the 2026 Edition of Chambers USA
June 29, 2026 —
Traub LiebermanIn the 2026 edition of Chambers USA, Traub Lieberman has been awarded rankings in the following categories:
Illinois – Insurance: Dispute Resolution: Insurer
In the Chambers research, clients noted: "The team are technically very strong, responsive, and on top of their cases."
Florida – Insurance: Dispute Resolution: Insurer
In the Chambers research, clients noted: "Traub Lieberman Straus & Shrewsberry distinguishes itself through a combination of deep subject-matter expertise, responsiveness, and practical risk-management orientation." Commenters went on to say: “The team has deep knowledge of Florida property insurance statutes, regulations and case law, enabling effective handling of disputes, appeals and third-party litigation."
Read the full story...Reprinted courtesy of
Traub Lieberman
CEO: Power Isn’t the Only Electrical Challenge for AI Data Centers
April 14, 2026 —
Francesco "Frio" Iorio - Engineering News-RecordEveryone knows that data centers are voracious consumers of electricity. In fact, the U.S. is currently scrambling to meet unprecedented levels of power demand not seen since
the early days of electrification and the widespread adoption of air conditioning.
Read the full story...Reprinted courtesy of
Francesco "Frio" Iorio, Engineering News-RecordENR may be contacted at
enr@enr.com
GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute
May 14, 2026 —
Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani Partner Jonathan Federman, Partner Thomas Cronin, and Senior Counsel Garrett Lee recently secured a victory in the Illinois Appellate Court, Fifth District, on behalf of the firm’s client, an architectural firm, in a liability dispute.
The case arose following an entity’s purchase of a 111-unit building for use as an investment or rental property. The plaintiff made claims against the architect of the building, alleging that there were design defects that breached an implied warranty, as well as a negligence claim.
GRSM argued that an architect could not be liable for implied warranties, particularly for an implied warranty which no Illinois court has ever recognized. GRSM further argued that Illinois law bars an architect from liability for negligence arising from a duty pursuant to contract under the economic loss doctrine.
Read the full story...Reprinted courtesy of
Gordon Rees Scully Mansukhani
Thomson Reuters Construction Law (Virginia Practice Series)
March 31, 2026 —
Jennifer L. Harris & Michael A. Branca - Peckar & Abramson, P.C.P&A Partners Michael A. Branca and Jennifer L. Harris have authored the most recent edition (2025) of Construction Law (Virginia Practice Series), part of Thomson Reuters’ ProView legal reference library. Associate
Julia Loudenburg also provided substantial assistance for this edition.
Construction Law includes summaries and analysis of statutes, regulations, and cases. It covers all major legal issues, including:
- Licensing
- Building code compliance
- Public-private partnerships
- Public contract bidding and performance
- Dispute resolution
- Damages
- Third-party liability
- Liens and bonds
Reprinted courtesy of
Jennifer L. Harris, Peckar & Abramson, P.C. and
Michael A. Branca, Peckar & Abramson, P.C.
Ms. Harris may be contacted at jharris@pecklaw.com
Mr. Branca may be contacted at mbranca@pecklaw.com
Read the full story...
Four Kahana Feld Attorneys Selected to 2026 Southern California Super Lawyers List
March 03, 2026 —
Kahana FeldIRVINE, CA – Feb. 20, 2026 – Kahana Feld is pleased to announce that partners
Jason Feld,
Amir Kahana,
Sharon Oh-Kubisch, and
Manuel Ugarte were selected to the 2026 Southern California Super Lawyers® list.
Jason Feld is a founding partner of Kahana Feld. He focuses his practice on the defense of homebuilders, contractors, developers, and real estate professionals primarily in construction defect, general liability, insurance defense, construction accident, and real estate matters. He also represents government entities handling construction, premises liability, general liability, and environmental claims. He serves as panel counsel for many prominent insurance carriers, as well as personal counsel to several national and regional homebuilders, developers, and general contractors.
Read the full story...Reprinted courtesy of
Kahana Feld
SDNY Ruling Highlights Privilege Risks in Client Use of Generative AI
March 03, 2026 —
Christopher J. Olsen, Freddy X. Muñoz & Gary M. Stein - Peckar & Abramson, P.C.Artificial intelligence is quickly becoming a go‑to tool for aggregating and summarizing large volumes of data, formulating and testing arguments, and even sketching litigation strategies. But a recent ruling from the Southern District of New York serves as a stark warning: when clients turn to generative AI for legal strategy, they may be unknowingly turning privileged information over to a third party and then creating documents that may later be discoverable in litigation. In a closely watched bench decision, Judge Rakoff ruled that AI‑generated documents created by the target of a criminal investigation using Anthropic’s Claude were not privileged despite being generated with information learned from his attorneys to support his potential legal defense and then shared with his counsel. The decision highlights the unresolved and increasingly consequential intersection of AI, privilege, and discovery.
Facts
Bradley Heppner received a grand jury subpoena and hired attorneys at Quinn Emanuel to represent him. After learning he was a target of the investigation, but before he was arrested, he created 31 documents with Claude using information from his attorneys to outline a potential defense strategy. He was later arrested on charges of securities and wire fraud, and federal agents seized his electronic devices, which contained the 31 documents that had been provided to his attorneys. Mr. Heppner argued that the documents were created to prepare his potential defense strategy in anticipation of an indictment, but he conceded that he made the decision to prepare the reports on his own, i.e., not at the direction of counsel. He nevertheless claimed the documents were protected from disclosure by the attorney-client privilege and work product doctrine; the government moved to overrule the objections.
Reprinted courtesy of
Christopher J. Olsen, Peckar & Abramson, P.C.,
Freddy X. Muñoz, Peckar & Abramson, P.C. and
Gary M. Stein, Peckar & Abramson, P.C.
Mr. Olsen may be contacted at colsen@pecklaw.com
Mr. Muñoz may be contacted at fmunoz@pecklaw.com
Mr. Stein may be contacted at gstein@pecklaw.com
Read the full story...Architect,
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