any contractors have started using different AI tools in their contract review. The AI systems generate a report-type memorandum detailing the risks, time for required notices and key contract requirements. We have recently compared AI summaries against the contract itself in an effort to assess the software’s functionality and improve AI training. Based on what
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IBM Agrees to First Settlement of False Claims Act Allegations under DOJ Civil Rights Fraud Initiative
On April 10, 2026, the United States Department of Justice (“DOJ”) announced the first False Claims Act resolution secured under the Civil Rights Fraud Initiative with International Business Machines Corporation (“IBM”). We have previously reported on the Civil Rights Fraud Initiative, which was initiated in May 2025. The initiative is a coordinated enforcement effort…
Recent, Quiet Implementation of New I-9 Compliance Standards: US Employers Should Prioritize Preparedness
In March of 2026, U.S. Immigration and Customs Enforcement (ICE) updated its I-9 Inspection Fact Sheet reclassifying certain “technical” and correctable errors as “substantive” violations -significantly increasing the risk of immediate and substantial penalties in the event of an ICE I-9 Audit or Raid. Prior to updating the I-9 Inspection Fact Sheet, ICE began accessing…
Executive Order 14398 Further Expands DEI-Related Compliance Obligations for Federal Contractors
On March 26, 2026, the President issued Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors” (the “Order” or “EO 14398”). The Order buttresses Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (“EO 14173”) issued on January 21, 2025, which we have previously reported on. EO 14173 revoked the longstanding affirmative…
Who Owns the Leak? Condominium Repair Responsibility When the Envelope Fails (Properties Magazine)
When a building envelope fails, whether from natural disaster, construction defect, or wear and tear, the first dispute in a condominium setting may not be, “What failed?” It may be, “Who owns the problem?” Is the association responsible because it is part of the common elements, or is it on the unit owner because it…
E-Verify Requirement in Effect for Nonresidential Construction Employers Working in Ohio
As of March 19, 2026, all nonresidential construction contractors, subcontractors, and labor brokers are required to utilize the federal government’s E-Verify program for employees who work on a nonresidential construction project in Ohio. The “E-Verify Workforce Integrity Act” (Ohio House Bill 246) affects employers, regardless of their size, responsible for nonresidential construction projects such as…
AI Users Beware: Information Submitted to AI Systems May Waive the Attorney-Client Privilege and Attorney Work-Product Protection
The construction industry has been quick to integrate AI into its business practices and efficiencies are being recognized. However, such adoption is not without risk. Two recent court rulings help to illustrate one risk stemming from the use of AI: the potential for waiver of the attorney-client privilege or the attorney work-product protection. The…
U.S. Department of Labor Proposed New Rule Regarding Worker Classification Analysis
By Andrew Wolf & Gary Baker
On February 26, 2026, the United States Department of Labor proposed a new rule addressing the analysis used for classifying workers as either employees or independent contractors. The proposal would rescind the Biden administration analysis for determining employee or independent contractor status that has been used since January 2024. The proposed rule would return to…
U.S. Supreme Court Strikes Down Emergency Tariffs
On February 20, 2026, the United States Supreme Court struck down the tariffs President Trump enacted under the International Emergency Economic Powers Act (“IEEPA”) against numerous countries.[1] The tariffs struck down include those levied against Canada, Mexico, and China, enacted under IEEPA in an effort to stop the influx of illegal drugs from those…
Managing Legal Risk when Implementing AI: Examining the Promise + Pitfalls of Artificial Intelligence in Real Estate + Construction (Properties Magazine)
One can hardly turn on the television today without being inundated by artificial intelligence (AI), whether in the form of commercials during the big game, as the lead segment on the news, or through advertisements on your favorite podcast, or elsewhere. AI is all around us, and yet, its practical uses in everyday life –…