Snell & Wilmer’s Orange County Office Recognized as One of the “Best Places to Work” by the Orange County Business Journal
August 16, 2026 —
Snell & WilmerORANGE COUNTY – Snell & Wilmer is pleased to announce that its Orange County office has been selected as one of the 2026 “Best Places to Work in Orange County” by the Orange County Business Journal. This recognition honors outstanding employers that foster exceptional workplace cultures and demonstrate a strong commitment to employee engagement, professional development, and organizational excellence.
The annual awards recognize Orange County employers that create positive workplace environments and set the standard for employee satisfaction and organizational success. Honorees are selected through a comprehensive evaluation process that includes confidential employee surveys and an independent assessment of company policies, practices, philosophy, systems, and demographics.
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Snell & Wilmer
Engineering Seals Versus Contracts ‘Under Seal’ (Two Very Different Things)
May 05, 2026 —
Melissa Dewey Brumback - Construction Law in North CarolinaRecently, I was asked by a reader to explain the difference between a document that is
‘sealed’ by an engineer (or architect) and one that is
signed ‘under seal’. This question prompted this post, as others may also be wondering about the distinction. [Hi Ed! Thanks for your question]
Professionals have ‘seals’ that show that they are registered (Engineers) or licensed (Architects). As most of you likely know, your professional seal is something that is hard won and which is used when—and only when—your plans were made by you or someone under your direct supervisory control. Your signature represents that you were in
responsible control over the documents, and that they have met the required professional standard of care. (21 NC Admin Code 2-0206 (a)(11)).
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Melissa Dewey Brumback, Ragsdale Liggett PLLCMs. Brumback may be contacted at
mbrumback@rl-law.com
New Executive Order on AI Innovation and Security: Key Takeaways for the Construction Industry
June 15, 2026 —
Richard R. Volack & Denis Serkin - Peckar & Abramson, PCOn June 2, 2026, President Trump signed an Executive Order titled “Promoting Advanced Artificial Intelligence Innovation and Security.” At its core, the Order is a cybersecurity and national-security measure rather than a broad regulation of how private companies develop or use AI. It directs federal agencies to harden government systems against AI-enabled cyber threats, establishes voluntary frameworks for collaboration between the federal government and the AI and critical-infrastructure sectors, and strengthens criminal enforcement against the malicious use of AI.
Notably, the Order expressly disclaims any intent to create a “mandatory governmental licensing, preclearance, or permitting” regime for the “development, publication, release, or distribution of new AI models.” Instead, the Executive Order seeks to “promote AI innovation and security” by working with the private sector to modernize government and private-sector information systems and harden them against external threats, protect intellectual property from exploitation or theft, and cultivate American AI capabilities.
Reprinted courtesy of
Richard R. Volack, Peckar & Abramson, PC and
Denis Serkin, Peckar & Abramson, PC
Mr. Volack may be contacted at rvolack@pecklaw.com
Mr. Serkin may be contacted at dserkin@pecklaw.com
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Risks of Using an AI Chatbot for Legal Advice: Lessons from United States v. Heppner
April 08, 2026 —
Payne & Fears LLPImagine that you are an executive (who is not a lawyer) and are concerned about what your company plans to do is legal. You could call your lawyer who might bill you for the call. Or, you can ask your AI chatbot, such as Claude or ChatGPT, about the legal risk. The chatbot will likely compliment you on the incisive question, provide you with highly confident answer (that may or may not be right) and will not bill you on an hourly basis.
That is essentially what financial services executive Bradley Heppner did. It did not end well. A federal court recently ruled that Heppner’s chats with the AI tool Claude were not protected by attorney-client privilege or the work-product doctrine. That means that the other side (in this case, the federal government) could get access to his chatbot prompts, uploads and responses, and learn a great deal about, for example, whether Heppner knew what he was doing was illegal.
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Payne & Fears LLP
The Goal Is the Repair, Not the Lawsuit: What Colorado HOA Boards Should Consider Before Suing a Builder
September 08, 2026 —
Gail Gudder - Colorado Construction Litigation BlogFourteen years ago, we cautioned Colorado homeowners associations against a “ready, fire, aim” approach to construction-defect litigation. In
The Hidden Dangers of Construction Defect Litigation, we suggested a fairly simple proposition: when legitimate construction defects exist, the goal should be to get them repaired. Litigation should be a last resort, not an end in itself.
Much has changed in Colorado construction-defect law since then. But a recent Douglas County case, and significant amendments to the Colorado Common Interest Ownership Act (“CCIOA”) enacted in 2025, provide good reasons for HOA board members and owners to revisit that basic premise.
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Gail Gudder, Higgins, Hopkins, McLain & Roswell, LLCMs. Gudder may be contacted at
gudder@hhmrlaw.com
The ROI of Estimating Accuracy in Preconstruction
September 15, 2026 —
Aaron Kivett - Construction ExecutivePrecision is the foundation of profitability in construction. Even minor quantity or pricing mistakes can swing bids anywhere from 5-15%, leading to project delays, unprofitable jobs or margin erosion through change orders. And worse, these losses can damage client trust and jeopardize long-term relationships that drive repeat business and future bids. Consistently
estimating accurately builds confidence, speeds up bidding and positions your company to win more profitable projects.
Estimating accuracy is where profit is either protected or lost. In construction, you make your biggest financial decisions before a project ever starts. Once a bid is won, most of the project’s cost structure is locked in. If the estimate is wrong, no amount of execution can fully fix those mistakes. That makes estimating accuracy a business issue, not just an operations issue.
Reprinted courtesy of
Aaron Kivett, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
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Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law
August 16, 2026 —
David McLain - Colorado Construction Litigation BlogFor decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is not much of a defense.
But Colorado’s construction anti-indemnity statute, C.R.S. § 13-21-111.5(6), raises an interesting question about how that familiar rule operates in construction disputes. The statute expressly regulates contractual obligations not only to indemnify, but also to insure and defend, and it reflects a legislative policy that construction businesses should bear financial responsibility for their own negligence.
Those principles have developed along separate tracks. At some point, a Colorado appellate court may have to decide precisely how they fit together.
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David McLain, Higgins, Hopkins, McLain & Roswell, LLCMr. McLain may be contacted at
mclain@hhmrlaw.com
David Samani Joins BHBA Podcast on Mediation Best Practices
May 05, 2026 —
Lewis BrisboisLos Angeles Partner David Samani recently joined a Beverly Hills Bar Association (BHBA) podcast titled, “Mediation 360: Preparation from the Defense, Plaintiff, and Mediator Perspectives,” during which he shared his insights on various aspects of the mediation process. Mr. Samani, along with a plaintiff’s attorney and a mediator, presented their thoughts on topics including how to determine whether a case is appropriate for mediation, preparing to mediate a case, communicating with clients, and handling the mediation itself.
Mr. Samani explained that early communication with clients is critical so that attorneys may learn what a client’s objectives are and develop an assessment of the case. He described that “from an early stage,” attorneys should determine the cost of litigation and ensure that the client understands “what an aggressive defense might entail.” As the matter progresses, attorneys and clients should “continue the dialogue” regarding costs as well as the strengths and weaknesses of the case, “making sure the client is apprised of the various alternatives that exist.” In addition, Mr. Samani discussed factors to consider when choosing a mediator, noting, “All mediators have their own styles and backgrounds.” He explained that some cases may call for a mediator with specialized knowledge in a particular area such as bankruptcy or securities, while other mediations may benefit from a mediator who understands the realities of private practice.
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Lewis Brisbois