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Becoming certified as a minority business, woman owned business, or disadvantaged business enterprise through various agencies on the federal, state and local levels has many advantages.  Once a business obtains certification, the benefits to both the business and the business owners include preferential consideration for federal, state and local contracts; funding opportunities through grants and loans; marketing programs; and business development programs.  Although the benefits to obtaining certification are apparent, the certification process is detailed and requires careful consideration and attention to detail.  Below is a discussion of the various types of certification and the organizations that offer certification, as well as an overview of the certification process and the supporting documentation required for a business owner’s application for certification.

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CERCLA Section 114(b) prohibits the double recovery of environmental response and cleanup costs by a Potentially Responsible Party (“PRP”).[1]  Yet, PRPs that pay cleanup costs and are reimbursed for such costs – for instance with insurance proceeds – may also attempt to recover from a Co-PRP under CERCLA.

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One of the defects du jour we have been seeing in our practice the last few years relates to exterior finishes on buildings, primarily claims of excess cracking and/or debonding of stucco resulting in water intrusion issues.  Initially, plaintiffs were content with remedying the alleged defects in the stucco by location; however, more and more experts are now calling for the complete replacement of exterior wall systems.  Recently, we  had a case where an expert was claiming the stucco had to be completely removed and replaced on all four faces of a hi-rise residential condominium because it was debonding (despite the fact it took a jackhammer to even loosen the stucco).  We have also seen proposals to replace stucco with an Exterior Insulation and Finish System (“EIFS”), a synthetic product that looks like stucco.  However, EIFS is not a perfect solution and has problems of its own.

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MetLife Considers Appeal of Systemic Risk Label  - Insurance Journal 12/19/2014
Oregon Supreme Court decision denies ski resort blanket waivers  - Inside Counsel 12/19/2014
Sony Hackers Seen Having Snooped for Months, Planted Bomb   - Bloomberg 12/19/2014
Transgender workers get civil rights protections, Justice Department says  - Los Angeles Times 12/19/2014
Ex-MoneyGram Compliance Head Sued in First-of-Kind Case  - Bloomberg 12/19/2014
Broad liability waivers are 'unconscionable,' paralyzed snowboarder can sue Mt. Bachelor, Supreme Court rules  - The Oregonian 12/19/2014
Heart Health Claims for Soy Protein Challenged  - Courthouse News Service 12/19/2014
Gender diversity leads to more work, less fun  - Inside Counsel 12/19/2014
Unilever Drops Mayo Lawsuit Against Egg-Replacing Startup Hampton Creek  - Forbes 12/19/2014
British American Tobacco reaches $575 million Flintkote settlement  - Yahoo!Finance 12/19/2014
TD Ameritrade Worker Must Arbitrate Claims  - Courthouse News Service 12/19/2014
Google accuses Hollywood of secret censorship campaign  - Financial Times 12/19/2014
GENEX Creates Ebola Guidelines for the Workers’ Comp Industry  - Claims Journal 12/19/2014
Court rejects NCAA’s concussion class action settlement  - Inside Counsel 12/19/2014
For North Korea's cyber army, long-term target may be telecoms, utility grids  - Reuters 12/19/2014

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