Circuit Court Supports Attorney-Client Privilege and Work Product Protections in Connection with Internal Investigations
November 21, 2025 —
Jason Spitalnick, Taryn J. Gallup & Kourtney George - Snell & WilmerOn October 3, 2025, the U.S. Court of Appeals for the Sixth Circuit reaffirmed that the attorney-client privilege and work-product protections cover documents and communications concerning corporate internal investigations - even when companies later use those documents or related findings to make business decisions.
1 In doing so, the court vacated a district court order that would have required FirstEnergy Corporation to produce, in civil litigation, privileged and work-product-protected documents related to two internal investigations.
FirstEnergy, a public utility company headquartered in Ohio, became embroiled in a high-profile public-corruption scheme involving substantial alleged payments to state officials in exchange for favorable legislative efforts. In response, FirstEnergy and an independent committee of its board retained separate outside counsel to conduct internal investigations. FirstEnergy then faced civil litigation related to the same underlying facts.
Reprinted courtesy of
Jason Spitalnick, Snell & Wilmer,
Taryn J. Gallup, Snell & Wilmer and
Kourtney George, Snell & Wilmer
Mr. Spitalnick may be contacted at jspitalnick@swlaw.com
Ms. Gallup may be contacted at tgallup@swlaw.com
Ms. George may be contacted at kegeorge@swlaw.com
Read the full story...
LA Fire Victims Can Pursue City Utility Claims, Judge Rules
March 10, 2026 —
Jef Feeley & Maxwell Adler - BloombergThe water and power utility that serves the city of Los Angeles must face hundreds of lawsuits faulting its response to the massive 2025 wildfire that leveled one of the city’s premier seaside neighborhoods and caused tens of billions of dollars in damage.
In a significant victory for fire victims, Los Angeles Superior Court Judge Samantha Jessner concluded in a
written ruling Thursday that a unique California law allows property and business owners to pursue claims that the Los Angeles Department of Water and Power failed to supply enough water to fight the blaze that consumed the Pacific Palisades area.
Over strong objections from lawyers for the nation’s largest public utility, Jessner finalized a tentative ruling she issued last week concluding victims have a legal basis to move forward with allegations a city reservoir drained for repairs left fire hydrants with inadequate water pressure and helped the wind-whipped blaze get out of control.
Reprinted courtesy of
Jef Feeley, Bloomberg and
Maxwell Adler, Bloomberg Read the full story...
Insured’s Motion to Compel Production of Underwriting Materials Granted
November 04, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe Supreme Court of New York granted the insured’s motion to compel the production of underwriting materials related to identifying additional insureds. Church of St. Andrew v. Western World Ins. Co., 2025 N.Y. Misc. LEXIS 7018 (N.Y. Sup. Ct. Aug. 5, 2025).
The Church of St. Andrew (“church”) retained GC Solutions to perform roofing work at its premises. The church required GC Solutions to name it as an additional insured under its general liability policy. GC Solutions provided a Certificate of Insurance naming the church as an additional insured under the policy issued by Western World.
While working on the roof, an employee of GC Solutions fell to his death. A wrongful death action was commenced by the decedent’s estate against the church. The church tendered its defense and indemnification to Western World. Western World disclaimed coverage, asserting that the church did not qualify as an additional insured under the policy.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Contract Interpretation – Determining What the Contract Requires
March 24, 2026 —
David Adelstein - Florida Construction Legal UpdatesA good ole dispute on contract interpretation in government contracting. Contract interpretation disputes happen all the time in every jurisdiction under the sun. Think about that. Now, what’s the best way to avoid a contract interpretation dispute? Naturally, invest in the contract language and fully understand the scope of work. Make all of this clear. But, of course, this isn’t foolproof meaning you could still be doing this and you could still find yourself in a contract interpretation dispute. Although, if you are doing this, and being proactive, the contract interpretation disputes should be minimal and more streamlined.
In Liberty Technical Services, LLC v. Department of Veterans Affairs, CBCA 8385, 2026 WL 407656 (CBCA 2026), the dispute centered on whether the government owed the contractor for certain, necessary equipment (largely controllers, but also tanks and pumps) not specified in the contract. The government countered that this should be a non-issue because the contractor always acknowledged it was responsible for furnishing the unspecified, necessary equipment, and the contractor did actually provide the equipment without direction from the government. Each party claimed the contract was unambiguous when construed in context.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Allegations in Insured’s Complaint Sufficient to Survive Motion to Dismiss
November 09, 2025 —
Tred R. Eyerly - Insurance Law HawaiiThe insured’s complaint sufficiently pled breach of contract and bad faith to survive the insurer’s motion to dismiss. Macias v. Am. Family Ins. Co., 2025 U.S. Dist. LEXIS 148628 (D. Colo. Aug. 1, 2025).
A hailstorm damaged the insureds’ property, including the roof. The insureds filed a claim (Claim One) with American Family. An adjuster assigned by American Family found storm-related damage to the gutters, window screens and lattice work, but only non-storm-related damage to other items, such as the roof. American Family determined the losses amounted to $1,104.97, which was below the deductible.
Read the full story...Reprinted courtesy of
Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Supreme Court Rules Tariffs Unconstitutional: Why the Construction Industry Shouldn’t Expect Calm Just Yet
March 31, 2026 —
Christopher Barnett - Construction ExecutiveThe U.S. Supreme Court’s 6–3 decision in Learning Resources, Inc. v. Trump did what many expected: It held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. What few anticipated was the speed of what followed: Within hours of the ruling, the administration announced replacement tariffs under Section 122 of the Trade Act of 1974, imposed a 10% global surcharge effective February 24, and signaled forthcoming Section 301 investigations against most major trading partners.
For those in the construction industry hoping the Learning Resources ruling would restore market stability, the message was unambiguous. The constitutional question may be settled, but the market disruption is not.
Reprinted courtesy of
Christopher Barnett, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.
Read the full story...
Newmeyer Dillion Announces Jacqueline McCalla as Its Newest Partner
February 02, 2026 —
Newmeyer DillionNEWPORT BEACH, CALIF. – January 28, 2026 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Walnut Creek attorney Jacqueline McCalla has been elected to partnership.
Jacqueline focuses her practice on business and construction litigation. In her practice, Jacqueline takes pride in assisting businesses of all sizes and entrepreneurs in various matters whether it be a pre-litigation matter or in litigation, from case inception through trial. She represents developers, builders, and contractors in complex, multi-party disputes involving a variety of residential, commercial, and mixed-use properties.
Jacqueline's practice also includes litigating insurance disputes. Jacqueline leverages her past experience advocating for both carriers and insureds to now help companies better understand their policies and stay protected.
"Since joining the firm, Jacqueline has been a thoughtful, hardworking, and solutions-oriented attorney who consistently delivers great results for our clients," said Managing Partner Paul Tetzloff. "It's no surprise that clients value her work and actively seek her out."
Jacqueline earned a B.A. in Legal Studies from University of California, Berkeley, and a J.D., from University of San Francisco School of Law, graduating magna cum laude.
About Newmeyer Dillion
For over 40 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com.
Kahana Feld Secures Voluntary Discontinuance With Prejudice in High-Exposure Trip-and-Fall Case
December 22, 2025 —
Kahana FeldKahana Feld partners
Rachael Marvin and
Dominic Donato recently achieved a significant victory in Kings County obtaining a voluntary discontinuance with prejudice of a
With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]Construction Defect Bill a Long Shot in NevadaConstruction Companies Must Prepare for a Surge of Third-Party ContractorsDid the Building Boom Lead to a Boom in Construction Defects?Raw Sewage Spill Fouls Waters Between San Diego and Tijuana, MexicoTodd Seelman Recognized as Fellow of Wisconsin Law FoundationNo Signature? Potentially No Problem for Sureties Enforcing a Bond’s Forum Selection ClauseQuick Note: Lis Pendens Bond When Lis Pendens Not Founded On Recorded Instrument Or StatuteAs Fracture Questions Remain, Team Raced to Save Mississippi River BridgeCourt Finds No Coverage for Workplace “Prank” With Nail GunWhite and Williams LLP Named “Litigation Standout 2026” in Complex Commercial LitigationIllinois Non-Profit Sues over Defective RoofModular Homes Test Energy Efficiency StandardsPreviously Owned U.S. Home Sales Rise to Eight-Month HighLien Law Change in IdahoMeasure Twice, Cut (the Check) Once: Liability for Cybercrime and How to Avoid ItDeterioration Known To Insured Forecloses Collapse CoverageEnergy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered ShutdownLandmark Towers Association, Inc. v. UMB Bank, N.A. or: One Bad Apple Spoils the Whole BunchResponding to Ransomware Learning from Colonial PipelineGeorgia Coal-to-Solar Pivot Shows the Way on Climate RegsReal Estate & Construction News Roundup (5/8/24) – Hotel Labor Disputes, a Congressional Real Estate Caucus and Freddie Mac’s New PoliciesHawaii Federal District Court Denies Title Insurer's Motion for Summary JudgmentReal Estate & Construction News Roundup (3/20/24) – Construction Backlog Falls, National Association of Realtors Settle Litigation, and Commercial Real Estate Market’s Effect on City CutsHawaii Federal District Court Grants Preliminary Approval of Settlement on Volcano DamageTexas “your work” exclusionBuilding Down in November, Even While Home Sales RiseSouth Caroline Holds Actual Cash Value Can Include Depreciation of Labor CostsLewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense by U.S. News/Best LawyersThe Court of Appeals Holds That Indifference to Safety Satisfies the Standard for a Willful Violation Under WISHAConstruction Defect Reform Bill Passes Colorado SenateSeven Trends That Impact Commercial Construction Litigation in 2021Hawaii Court of Appeals Affirms Broker's Liability for Failure to Renew CoverageAre Millennials Finally Moving Out On Their Own?It’s Called “Delegation” – Basic Risks and Considerations for Delegated Design on ProjectsWhat Do I Do With This Stuff? Dealing With Abandoned Property After ForeclosureExclusion Does Not Bar Coverage for Injury To Subcontractor's EmployeeSweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction ContractChambers USA 2022 Ranks White and Williams as a Leading Law FirmGeneral Indemnity Agreement Can Come Back to Bite YouMontreal Bridge Builders Sue Canada Over New RestrictionsBar to Raise on Green StandardDenial of Motion to Dissolve Lis Pendens Does Not Automatically Create Basis for Certiorari ReliefZillow Topping Realogy Shows Web Surge for Housing MarketCanada Housing Surprises Again With July Starts IncreaseLaGuardia Airport Is a Mess. An Engineer-Turned-Fund Manager Has a FixBlog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673Housing Bill Threatened by Rift on Help for DisadvantagedPartner John Toohey and Senior Associate Sammy Daboussi Obtain a Complete Defense Verdict for Their Contractor Client!HOA Has No Claim to Extend Statute of Limitations in Construction Defect Case Investors
Illinois Court Determines Insurer Must Defend Negligent Misrepresentation ClaimRemote Work Issues to Consider in Light of COVID-19Accessibility Considerations – What Your Company Should Be Aware of in 2021Competent, Substantial Evidence Carries Day in Bench TrialQuick Note: Third-Party Can Bring Common Law Bad Faith ClaimHunton Insurance Lawyer, Jae Lynn Huckaba, Awarded Miami-Dade Bar Association Young Lawyer Section’s Rookie of the Year Award
