WHITSETT TEXAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

Newark Team Obtains Appellate Ruling Affirming Summary Judgment for Lawyer and Firm in Professional Negligence Lawsuit

April 14, 2026 — Lewis Brisbois Newsroom
Newark Partner Meredith Kaplan Stoma and Associate Anthony Doss recently secured a decision from the New Jersey Superior Court, Appellate Division, affirming summary judgment for their clients, a lawyer and her firm, in a lawsuit alleging professional negligence in connection with the administration of a commercial loan. The circumstances giving rise to the lawsuit date back to September 2020, when the plaintiff was approached by members of a real estate investment company regarding a short-term loan opportunity whereby he would loan the company $200,000. The company provided the plaintiff with a “bridge loan package,” which stated that the requested funds would be held in the escrow account of their counsel and her firm (Lewis Brisbois’ clients), and returned to him with interest within six months once the company was “capitalized” by a senior lender. The company subsequently prepared two notes, each for $100,000, in connection with the agreement. Read the full story...
Reprinted courtesy of Lewis Brisbois

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The Firm Turns 16!

July 20, 2026 — Christopher G. Hill - Construction Law Musings
I have always found it appropriate that my jump to solo practice and Independence Day are so close in time. Today marks the 16th anniversary of my first day as a solo practitioner of construction law at The Law Office of Christopher G. Hill, PC. Time sure has flown by thanks to the great clients and friends who followed me to solo practice and whom I have met since the firm’s founding on July 1, 2010. I also could not have made the transition and had the fun and success I have enjoyed over the past 16 years without the support of the best wife and family that any construction lawyer could want. Since the firm’s last anniversary, my youngest child (who was 7 when this journey began!) has graduated from N. C. State University with a fisheries and wildlife biology degree and is currently in Casper, Wyoming working for Wyoming Game & Fish, my second oldest is an assistant director of admissions at Appalachian State University in Boone, NC, and has celebrated his second wedding anniversary, and my oldest has celebrated her fifth marriage anniversary. Our home in Captiva, Florida continues its recovery from from Hurricane Ian and subsequent hurricanes. Read the full story...
Reprinted courtesy of The Law Office of Christopher G. Hill

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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...

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The Modern Nuclear Renaissance Reaches New England

April 14, 2026 — Stephen J. Humes - Gravel2Gavel Construction & Real Estate Law Blog
On March 31, 2026, the governors of all six New England states issued a joint, bipartisan statement committing the region to explore deployment of advanced nuclear energy technologies while supporting the continued safe, affordable and reliable operation of New England’s existing nuclear generation facilities. This coordinated regional initiative follows a major policy announcement in June 2025 by New York Governor Kathy Hochul directing the New York Power Authority to pursue development of at least 1,000 MW of advanced nuclear generation to support statewide reliability needs and New York’s zero‑carbon mission. Less than one year after New York formally embraced a modern nuclear renaissance, that renaissance has now expanded across the New England states—signaling a broader Northeast regional pivot toward nuclear as a core element of long‑term reliability, affordability and decarbonization strategies. For utilities and power generators, this shift creates both opportunities and planning imperatives that warrant immediate attention. Read the full story...
Reprinted courtesy of Stephen J. Humes, Pillsbury
Mr. Humes may be contacted at stephen.humes@pillsburylaw.com

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Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses

May 12, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies. Typically, both a homeowners’ policy and a commercial property policy include a grant of coverage for “direct physical loss of or damage to Covered Property.” Covered perils are listed, including such events as fire, lightning, or windstorm. Covered Property includes dwellings, other structures on the property and personal property. Additional coverages are usually provided. This includes debris removal after a peril insured against or collapse of a structure. In a homeowners’ policy, additional living expenses are likely covered when the damaged home is not fit to live in. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Cal Unity Bar Names Angela Zanin as Statewide President

August 11, 2026 — Lewis Brisbois
The California Unity Bar has named Los Angeles Partner Angela Zanin as its statewide president for the 2026-2027 term. This appointment follows Ms. Zanin's extensive involvement in the organization, including as the founding co-chair of the Los Angeles County Unity Bar in 2024 and as its chair for the 2024-2025 term. Ms. Zanin also has served as a member of the Executive Steering Committee of the California Unity Bar since 2025. In her inaugural message as president, which the Cal Unity Bar published in its newsletter of July 2026, Ms. Zanin stated that she vowed to continue the organization’s “commitment to promoting equal opportunities and embracing diversity, equity, and inclusion in the State of California.” She also noted that as she assumed the role of president, she thought of “the famous words of Dr. Martin Luther King, Jr.: ‘The arc of the moral universe is long, but it bends toward justice.”’ Ms. Zanin closed her message by observing, “At a time when the rule of law faces challenges, our alliance stands strong, built on trust and confidence in each other.” Read the full story...
Reprinted courtesy of Lewis Brisbois

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Managing Tariff Volatility in Cross‑Border U.S. Construction Projects: Practical Contract‑Drafting and Procurement Strategies

March 10, 2026 — Sara Beiro Farabow & Michael Wagner - The Construction Seyt
Volatile U.S. tariff announcements continue to affect international supply chains for U.S. construction projects. Although recent litigation has centered on the scope of presidential tariff authority rather than construction‑specific disputes, these decisions carry important implications for how parties structure risk in their contracts. In May 2025, the U.S. Court of International Trade (CIT) struck down certain “Liberation Day” tariffs as exceeding presidential authority under IEEPA. A federal district court in Washington, D.C. likewise issued a preliminary injunction suspending related tariffs—though it later stayed its own order pending appeal. And the Supreme Court has agreed to review cases addressing the legal limits of IEEPA‑based tariffs. While none of these developments arises from construction disputes, the themes they highlight—timing, statutory authority, and documentation—mirror the issues encountered when tariff conditions disrupt international procurement. The following strategies reflect practical steps U.S. project owners, contractors, and foreign suppliers can take to mitigate risk, drawing on drafting approaches now widely used across major construction forms, including—but not limited to—modified AIA agreements. Reprinted courtesy of Sara Beiro Farabow, Seyfarth Shaw LLP and Michael Wagner, Seyfarth Shaw LLP Ms. Farabow may be contacted at sfarabow@seyfarth.com Mr. Wagner may be contacted at mewagner@seyfarth.com Read the full story...

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Arbitration in Construction Disputes: Process and Best Practices

July 27, 2026 — Construction Executive
Arbitration in construction disputes is a private process where owners, contractors, subcontractors, designers or suppliers present claims to one or more neutral arbitrators instead of taking the dispute through court. The arbitrator reviews evidence, hears testimony and issues a decision that is usually binding. Construction arbitration is common because project disputes are technical, document-heavy and time-sensitive. Claims may involve schedule delays, disputed change orders, defective work, differing site conditions, payment, termination, indemnity, surety issues or professional liability. Arbitration can be faster and more specialized than litigation, but speed is not guaranteed. Poor contract language, broad discovery, weak records and unclear damages can make arbitration expensive. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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