Construction

The Illinois Supreme Court has issued new court rules that become effective on May 1, 2013, modifying the evidentiary requirements for obtaining foreclosure judgments, among other things.  The rules are the result of the work of a special committee appointed by the court to study, address and unify the procedures used throughout the state in mortgage foreclosure proceedings.

In Neighborhood Alliance of Spokane County v. County of Spokane, the Washington Supreme Court clarified two topics previously unresolved in Washington: what constitutes an adequate search for records in response to a Public Records Act ("PRA") request and the scope of permissible discovery in PRA lawsuits. The Court held that a public entity must undertake a search “reasonably calculated to uncover all relevant documents,” and that discovery is permitted into any matter, not privileged, that is relevant to the subject matter of the lawsuit.

When the American Recovery and Reinvestment Act of 2009 (“ARRA” or the “Recovery Act”) was enacted in February 2009, it gave broad investigative and examination powers to the Office of the Inspector General (“OIG”) and the Comptroller General of the Government Accountability Office (“GAO”).  It is critical when dealing with investigations conducted by these federal agencies to understand how these changes may impact your business.

New legislation applicable to Washington public construction projects completed after September 30, 2009.

On February 20, 2008, the U.S. Supreme Court once again rejected a state's attempt to interfere with arbitration.