HERNDON KANSAS CONSTRUCTION EXPERT WITNESS
DIRECTORY AND CAPABILITIES

On Checks and Balances

March 03, 2026 — Garret Murai - California Construction Law Blog
It’s called “checks and balances” for a reason. And, generally, it works well so long as there are clear boundaries between the “co-equal” branches of government. In Associated General Contractors of California, Inc. v. Department of Industrial Relations, 108 Cal.App.5th 243 (2025), the 3rd District Court of Appeals upheld a set of regulations issued by the California Apprenticeship Council that contradicted an earlier 2015 ruling of the Court of Appeals. The Associated General Contractors of California Case At issue in the case was California’s Prevailing Wage Law which requires public works contractors to hire a certain ratio of apprentices. The purpose of the apprenticeship requirements is to maintain the pipeline of skilled tradespeople on taxpayer-funded projects. Read the full story...
Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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AI as Co-Counsel: How Litigators Can Leverage AI for Depositions, Experts, and Trial Preparation

November 21, 2025 — Debrán O’Neil - The Dispute Resolver
Artificial intelligence is everywhere right now, and the legal industry is no exception. It’s a regular feature at CLEs and in client discussions because lawyers are discovering that careful use can save both time and money. But AI is no longer reserved for e-discovery vendors. Litigators are using AI for trial preparation—helping identify themes, test case theories, summarize voluminous records, refine expert testimony, and streamline depositions. While AI is not able to read a witness, gauge credibility, or build trust with a jury like lawyers, it can make preparation more efficient and thorough and help present information in a more digestible and compelling way. Below are practical ways litigators can weave AI into their everyday litigation practice and not get left behind. Read the full story...
Reprinted courtesy of Debrán O’Neil, Carrington, Coleman, Sloman & Blumenthal, L.L.P.
Ms. O'Neil may be contacted at doneil@ccsb.com

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Chris Konzelmann Appointed to NASP Board of Directors

November 03, 2025 — White and Williams LLP
White and Williams LLP congratulates Chris Konzelmann, Partner and Chairman of the Subrogation Department, on his appointment to the National Association of Subrogation Professionals’ (NASP) Board of Directors. In an announcement posted to LinkedIn, NASP stated, “These new board members bring diverse experience, leadership, and a shared vision for NASP’s future. Together, they will continue advancing NASP’s mission to provide education, advocacy, and community for subrogation professionals across all industries.” Chris is a long-standing member of NASP and a frequent presenter at its Annual and Spring Conferences. He also regularly delivers webinars and training sessions for subrogation clients, helping them stay informed on legal developments and best practices in recovery strategy. Read the full story...
Reprinted courtesy of White and Williams LLP

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Lewis Brisbois Ranked Tier 1 Nationally for Seven Practice Areas in 2026 Best Law Firms

January 06, 2026 — Lewis Brisbois Newsroom
November 6, 2025) - Lewis Brisbois has been ranked Tier 1 nationally by Best Lawyers for 'Appellate Practice,' 'Commercial Litigation,' ‘Insurance Law,’ 'Litigation - Construction,' ‘Litigation - Labor and Employment,’ ‘Mass Tort Litigation / Class Actions – Defendants,’ and ‘Transportation Law,’ as well as ranking Tier 1 in an array of practice areas across 27 metro regions in its 2026 edition of Best Law Firms®. In addition to Lewis Brisbois' national rankings, the firm was also ranked Tier 1 in the following regional categories: Akron

• Bet-the-Company Litigation
• Commercial Litigation
• Tax Law
• Trusts and Estates

Read the full story...
Reprinted courtesy of Lewis Brisbois

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Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage

April 08, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025). The insured began renovating a vacant home in October 2018. He met with agent Joseph Hauk and explained the property was vacant and would be going through renovations for the next several months. Hauk then procured a policy through Shelter Insurance Company insuring the vacant property against several specified perils. The policy provided coverage for water damage if “[t]he exterior of the building sustained a covered loss” and “that loss created an opening through which the water entered.” Damage caused by escaping water from within a plumbing system was excluded if: (1) the damage was caused by a “continuous or repeated leakage over a period of fourteen days or more” or (2) the insured premises had been vacant for 30 consecutive days immediately preceding the loss. 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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Why Hurricane Preparedness Isn’t About the Property

November 21, 2025 — Brad Hill - Construction Executive
Along Florida’s 8,436 miles of shoreline, residents face a persistent threat: hurricanes and the often catastrophic damage these natural weather events inflict. Come late summer and autumn, meteorologist forecasts transition from sun and clear skies to overcast days, high winds and heavy rainfall that signal disaster may be afoot. The state’s construction industry is particularly sensitive to volatile weather patterns, with real estate developments at high risk of destruction if hurricanes cross their path. And with each significant weather event, the losses are substantial. According to the National Centers for Environmental Information, there were nearly 100 disaster events in Florida with financial losses exceeding $1 billion each between 1980 and 2024. Reprinted courtesy of Brad Hill, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

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Colorado Court of Appeals Confirms: Prevailing Parties Can Recover “Fees on Fees” — Reinforcing Why Builders Should Strike Attorneys’ Fee Clauses From Their Contracts

December 30, 2025 — David McLain - Colorado Construction Litigation Blog
Colorado developers, builders, and contractors should take notice of a recently published Colorado Court of Appeals decision that increases the financial exposure created by prevailing party attorneys’ fee clauses. In 1046 Munras Properties, L.P. v. Kabod Coffee, 2025 COA 71, the Court held, for the first time in a published Colorado case, that a prevailing party may recover not only contractual attorneys’ fees, but also the attorney fees incurred to obtain those fees. In short: “fees on fees” are now recoverable when a contract contains a broad fee shifting clause. This development underscores the same warning sounded years ago in a prior HHMR blog post titled, Attorney Fee Clauses Are Engraved Invitations to Sue. If prevailing party fee provisions already encouraged litigation, the Munras decision supercharges that incentive. Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

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The AI Knows Too Much: When Employees Feed Trade Secrets into Generative AI Tools

April 14, 2026 — Kazim A. Naqvi & John V. Mysliwiec - Sheppard
Every time an employee pastes proprietary source code, a customer list, or a confidential business strategy into ChatGPT, Claude, or Google Gemini, they may be quietly dismantling the legal protections that make those secrets worth protecting. Courts and regulators are only beginning to grapple with this problem, and right now, the burden of preventing it falls squarely on employers. The Legal Stakes Under the federal Defend Trade Secrets Act (“DTSA”) and the Uniform Trade Secrets Act (“UTSA”) as adopted across most states, a trade secret plaintiff must show that the information at issue was subject to reasonable measures to maintain its secrecy. Courts have historically credited measures like confidentiality agreements, physical access controls, and employee training—but those safeguards were designed for a world of thumb drives and disgruntled employees. They were not built for a world where a well-meaning engineer can, in seconds, transmit an entire corpus of proprietary data to a third-party AI platform operating under terms of service that may permit the provider to use inputs for model training. Reprinted courtesy of Kazim A. Naqvi, Sheppard and John V. Mysliwiec, Sheppard Mr. Naqvi may be contacted at knaqvi@sheppard.com Mr. Mysliwiec may be contacted at jmysliwiec@sheppard.com Read the full story...

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