PS&H Partner Howard Merten was elected to be President of the Federation of Defense & Corporate Counsel (FDCC) for 2022-2023 at the organization’s recent Annual Meeting in Seattle, Washington. Founded in 1936, the FDCC is an international organization composed of the nation’s leaders in the legal community. Federation members have been judged by their peers to have...

By Daniel E. Burgoyne, Christian R. Jenner or Christopher M. Wildenhain In a recent decision, the U.S. Supreme Court gave a narrow win to creditors in a dispute over the proper interpretation of the automatic stay provisions in the Bankruptcy Code, ruling that creditors may passively retain a debtor’s property after the debtor files for bankruptcy. The decision...

The American Bar Association has published an article written by PS&H partner Paul Kessimian titled, Five Tips for Using Proportionality to Limit Wild Goose Chases in Discovery. The article expands on 5 practical and insightful tips to make discovery more streamlined and efficient: Cooperate with Opposing Counsel Document Your Cooperation and Disputes Meaningfully Respond to Discovery...

PS&H Partner and Chair of the Litigation Practice, Paul Kessimian, was quoted extensively in a recent Rhode Island Lawyers Weekly article discussing the challenges that insureds face as they attempt to recover pandemic-related losses through business interruption provisions in their commercial insurance policies and the expected increase in litigation because of it. The article discusses that typical...

By Christian R. Jenner & Paul M. Kessimian Given the ubiquity of technology in the workplace, and the staggering amount of data that we produce and process every day, every company should develop and abide by an “information governance” policy that is tailored to meet its business and legal requirements. To help in this matter,...

The construction industry experiences some of the highest incidences of litigation. Here are the contractual clauses most often involved in disputes and suggested variations that could help avoid the headaches and costs of litigation. Delay Claims Delay claims arise when one or more parties delay the project schedule. Delay damages are frequently catastrophic. For example,...

By Alicia J. Samolis and Christopher M. Wildenhain Savvy employers always need to be on the look-out for ways to mitigate the ever-growing risks posed by increasingly burdensome state and federal employment laws. Later this year, the U.S. Supreme Court will have the chance to breathe new life into an old, but effective risk-mitigation tool...

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