Nolan Texas Construction Expert Witness Directory

The Race to Reengineer Cybersecurity

October 06, 2026 — Emell D. Adolphus - Engineering News-Record
It took six days for Colonial Pipeline Co.'s 5,500-plus miles of connected refined petroleum supply infrastructure from Houston to New York City, to come back on line after a May 7, 2021 ransomware cyberattack forced the company to shut down operations and pay $4.4 million for restoration. Read the full story...
Reprinted courtesy of Emell D. Adolphus, Engineering News-Record
Mr. Adolphus may be contacted at adolphuse@enr.com

Perennial Question, Perennial Answer? EPA and Army Corps Propose Year-Round Standard for WOTUS that Could Reshape Clean Water Act Jurisdiction

October 12, 2026 — Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law Blog
Federal Clean Water Act jurisdiction may be about to get considerably narrower. On September 4, 2026, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) announced a supplemental notice of proposed rulemaking that would limit federal authority over streams and wetlands to those containing water year-round—a “perennial” standard that would go beyond even what the Supreme Court required in Sackett v. EPA, 598 U.S. 651 (2023). The supplemental notice offers two options for revising the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA): One would define “relatively permanent” waters as perennial, and the other would require perennial surface water to establish a wetland’s continuous surface connection to a jurisdictional water. If adopted, either option would substantially reduce the number of streams, wetlands and other water features subject to federal permitting, with the sharpest effects in arid and semi-arid regions where rainfall patterns leave many waterways dry for portions of the year. Reprinted courtesy of Ashleigh K. Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

Are “Financial Hardship” Damages Recoverable?

June 08, 2026 — David Adelstein - Florida Construction Legal Updates
In a case out of the Civilian Board of Contract Appeals, F.O.G., LLC v. Department of the Interior, CBCA 8203, 2026 WL 1191881 (CBCA 2026) a contractor claimed damages that included “financial hardship” damages due to slow payments. The financial hardship damages included personal damages to the contractor’s president and his wife. Are these damages recoverable? Drumroll…The Board ruled that the contractor cannot recover such financial hardship damages. As it relates the personal financial hardship damages, the Board ruled, “Neither [the contractor’s] president nor his wife are a party to this contract, are in privity of contract with [the government], or are the beneficiaries under this contract. [The contractor], therefore, cannot recover for any losses that either one has suffered individually and that [the contractor] claimed in this appeal.” F.O.G., LLC, supra. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Insurance Coverage and Bad Faith Practice Earns Prestigious Band One Ranking in the Chambers USA 2026 Guide

June 22, 2026 — White and Williams LLP
White and Williams LLP's Insurance Coverage and Bad Faith Practice Group is pleased to share that it has received a Band One ranking in the Chambers USA 2026 Guide for Insurance, Pennsylvania. Additionally, Patricia B. Santelle, Chair Emeritus, Randy Maniloff, Partner, and Robert Walsh, Partner have all been individually ranked on the Chambers USA 2026 Guide in Insurance in Pennsylvania. The Insurance Coverage and Bad Faith Practice's consistent focus on their clients and handling of complex claims were just two of the attributes contributing to their elite Band One ranking, after 11 years on the Chambers USA list. When asked about their experience working with White and Williams’ Pennsylvania Insurance Practice, one client stated, “What distinguishes White and Williams is the high level of service and accountability. The team is responsive, organized and reliable, which allows our internal teams to move quickly and make informed decisions with confidence.” Read the full story...
Reprinted courtesy of White and Williams LLP

Benchmark Litigation Recognizes Andrea DeField Among Nation’s Top Young Litigators

September 08, 2026 — Hunton Insurance Recovery Blog
Hunton’s insurance coverage team is proud to celebrate the recognition of Andrea DeField on Benchmark Litigation’s 2026 40 & Under List, an annual ranking that highlights the nation’s leading litigators age 40 and under. Andrea was one of only six Hunton lawyers selected and was recognized in the South region. Benchmark Litigation’s 40 & Under List honors attorneys who have distinguished themselves through significant case work, client feedback, and peer review. This honor reflects Andrea’s reputation as one of the country’s leading policyholder-side insurance recovery litigators and her standing as a trusted advisor to companies facing some of today’s most complex insurance and risk management challenges. As head of Hunton’s cyber insurance practice, Andrea has built her career helping companies manage risk and maximize insurance recovery. Her practice spans the full spectrum of insurance-related issues, from advising clients on contractual risk transfer and insurance program design to representing policyholders in high-stakes coverage and bad faith disputes. She has guided clients through some of the most complex and widely publicized losses in recent years and helps companies recover under a broad range of insurance products, including D&O, professional liability, crime, property, cyber, and general liability policies. Read the full story...
Reprinted courtesy of Hunton Andrews Kurth LLP

Motion for Summary Judgment Granted in Significant California Public Utilities Suit

May 12, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
Congratulations to Partner Mike D’Andrea and Associates Ruth Rasiah and Kaylah Abdullah in the Los Angeles office for obtaining a complete dismissal of their clients in a significant claim involving California’s Public Utilities regulations. After lengthy litigation, BWB&O’s Motion for Summary Judgment was granted against Claimant, Spectrum (Charter Communications), which resulted in a complete dismissal of the action against BWB&O’s clients. At issue was whether California’s Public Utilities Code shifted the common law duty to maintain certain utility equipment in residential areas within Southern California. After significant briefing, the Superior Court found that BWB&O correctly argued that the Public Utilities Code required utility companies, like Spectrum, to fully maintain utility equipment, and that private residents are not responsible for utility maintenance (even if the physical equipment is located on private property). Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

That’s a Wrap! Pennsylvania Court Holds Arbitration Clause in Online Agreement Unenforceable

May 14, 2026 — Gus Sara - The Subrogation Strategist
In Duffy v. Tatum, 2026 Pa. Super. LEXIS 112, 2026 PA Super 41, the Superior Court of Pennsylvania (Superior Court) considered whether an arbitration provision contained in the online Terms of Service on the defendant’s website were enforceable. The plaintiff, Daniel Duffy (Duffy), visited the website of defendant, Dolly, Inc. (Dolly), to purchase moving services. Duffy selected the number of movers, items to be moved and the type of vehicle needed. To complete the booking, the website required Duffy to checkmark a box labeled “By checking this box I accept the Dolly Terms of Service.” Duffy did not have to open the link or scroll to the bottom of the agreement before being able to click on the checkmark box. The Terms of Service included an arbitration provision requiring that any dispute related to the moving services to be resolved by arbitration in accordance with the American Arbitration Association. The Terms of Service did not include any statement that the user was waiving the right to a jury trial. The Superior Court found the internet Terms of Service unenforceable. During the moving process, an accident occurred and injured Duffy. In May 2024, Duffy and his wife sued Dolly and other related entities alleging negligence and loss of consortium. Dolly filed preliminary objections alleging that the parties agreed to alternative dispute resolution. The lower court overruled the preliminary objections, finding that Dolly’s website did not provide reasonably obvious notice of its Terms of Service to Duffy and, as such, Duffy never agreed to waive his constructional right to a jury trial. Dolly filed an appeal to the Superior Court. Read the full story...
Reprinted courtesy of Gus Sara, White and Williams LLP
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Alexander Hopkins Authors Law360 Article on Wisconsin Supreme Court Coverage Decision

October 06, 2026 — Alexander G. Hopkins - SDV Fenchurch
Alexander Hopkins recently authored an Expert Analysis for Law360 examining a recent Wisconsin Supreme Court decision addressing coverage for water damage arising from alleged construction defects. In “Wis. Coverage Ruling Rejects Strict Ensuing Loss Test,” Alex explores the relationship between construction defect exclusions and ensuing loss provisions, and what the decision means for policyholders seeking coverage when an excluded condition contributes to subsequent damage. Read the full story...
Reprinted courtesy of Alexander G. Hopkins, SDV Fenchurch
Mr. Hopkins may be contacted at alexander.hopkins@sdvfenchurch.us

NOLAN TEXAS CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES