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28 Nov, 2013

Happy Thanksgiving, and Thanks for Reading

By |2018-04-23T23:55:16+00:00November 28th, 2013|Construction Contractor Advisor|

I hope you and your family are enjoying some well earned time off this Thanksgiving. Today's post provides me an opportunity to thank everyone who gave me ideas for the blog and I thank you for reading it. I'd also like to thank all of my construction clients from whom this blog is written.  I appreciate the opportunity to assist you in your construction projects. Finally, I regret to inform [...]

26 Nov, 2013

William Lamson Speaks at Fall Meeting of NARTC on Diabetes Litigation

By |2018-07-11T18:17:17+00:00November 26th, 2013|Latest News, News|

Together with a representative of a client’s office, Bill Lamson was invited to speak at the Fall Meeting of the National Association of Railroad Trial Counsel (NARTC), held October 9-12, 2013 in San Diego, California on the subject of the status of the ongoing Nebraska litigation involving a total of 34 lawsuits filed by current and former railroad employees.  The lawsuits were filed against our client under the Federal Employers’ Liability [...]

26 Nov, 2013

ABC Sues to Stop the OFCCP’s Recent Rule

By |2018-04-23T23:55:16+00:00November 26th, 2013|Construction Contractor Advisor, Office of Federal Contract Compliance Programs (OFCCP)|

In a recent post we noted that the OFCCP issued new regulations that will require contractors to collect data and track hiring efforts related to their hiring of disabled employees. Associated Builders and Contractors (ABC) filed suit last week seeking to stop the implementation of these regulations, not because ABC members disagree with the legitimate affirmative action and nondiscrimination objectives of the Rehabilitation Act, but because the new rules impose [...]

21 Nov, 2013

Super Lawyers Recognizes Five Lamson, Dugan and Murray Partners

By |2018-07-11T18:17:17+00:00November 21st, 2013|Latest News, News|

This week, Thomson Reuters’ research-driven rating service released its 2013 Super Lawyers Business Edition.  The publication includes attorneys from over 8,500 firms who are at the top of their field in various areas of business law.  Attorneys are selected by a combination of peer nominations and third party research to identify those who have excelled in their area of practice. Partners William M. Lamson, Daniel P. Chesire and Kyle Wallor [...]

20 Nov, 2013

How Was Your Day? Combating Physician Burnout

By |2018-04-23T23:52:19+00:00November 20th, 2013|Midwest Medical Legal Advisor|

My husband, a local hospitalist in town, came home from work a few nights ago very tired. During his 14 hour work day, he had seen and treated quite a few sick patients and I could tell several of the sickest were still on his mind.  Sensing he needed to unwind, I sat quietly on the couch with him for a few minutes – both of us deep in our [...]

19 Nov, 2013

Waiving Your Lien Rights

By |2018-04-23T23:55:16+00:00November 19th, 2013|Construction Contractor Advisor, Construction Lien|

The Lien & Credit Journal had an interesting article the other day discussing which states’ laws allow you to waive lien rights. The blog, entitled Who Lets You Waive Your Lien Rights Before Payment? identified four types of state laws. Those states that prohibit waiver, those that allow waiver, those that appear to have conflicting laws, and those that have no law. It was interesting to see that Nebraska is [...]

18 Nov, 2013

LDM Partners Inducted in to ABOTA

By |2018-07-11T18:17:17+00:00November 18th, 2013|Latest News, News|

Partners Mark Novotny and William Settles were honored and inducted in to the American Board of Trial Advocates ("ABOTA").  Formed in 1957, membership in ABOTA is by invitation only.  Trial lawyers who are of high personal character and honorable reputation may become a member of the ABOTA upon nomination and election.  ABOTA's mission is to foster improvement in the ethical and technical standards of practice in the field of advocacy [...]

18 Nov, 2013

Mark Novotny Speaks on Common Medical Records Charting Errors and Social Media in Medicine

By |2018-07-11T18:17:17+00:00November 18th, 2013|Latest News, News|

LDM Partner Mark Novotny recently presented to the Regional Advisory Board of Physicians on the topics of Common Medical Records Charting Errors and Social Media in Medicine.  Mr. Novotny provided insight and examples of appropriate charting, mistakes in medical records and risks associated with documentation of health care providers.  In addition, Mr. Novotny discussed how the growth and prevalence of social media can impact health care and expose medical providers [...]

18 Nov, 2013

Mark Novotny Selected to NSBA Class of Fellows

By |2018-07-11T18:17:17+00:00November 18th, 2013|Latest News, News|

The Nebraska State Bar Foundation has announced that LDM Partner Mark E. Novotny has been selected to its 2013 Class of Fellows. Lawyers are nominated by existing Fellows and only 30 lawyers receive the Fellow title annually.  Those considered for the honor must display integrity, be an established Nebraska lawyer dedicated to improving the administration of justice, provide civic service and be a leader in the legal profession recognized by [...]

15 Nov, 2013

Benchmarks under the OFCCP Regulations

By |2018-04-23T23:55:16+00:00November 15th, 2013|Construction Contractor Advisor, Office of Federal Contract Compliance Programs (OFCCP)|

Today's post is by Douglas Amen, an associate at Lamson Dugan and Murray, LLP. As discussed earlier, the Office of Federal Contract Compliance Programs (“OFCCP”) issued the Final Rules for the Vietnam Era Veteran’s Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act. These new rules will require employers to take affirmative action to recruit, hire, promote, and retain veterans and individuals with disabilities (“IWDs”). In order to [...]

14 Nov, 2013

LDM Employees Volunteer for United Way Day of Caring

By |2018-07-11T18:17:17+00:00November 14th, 2013|Latest News, News|

This year, LDM participated in the United Way Day of Caring where volunteers throughout the Omaha community volunteered their time supporting nonprofit organizations.  LDM had 20 employees helping Elmwood Neighborhood Association with planting trees and shrubs, trimming bushes and spreading mulch in midtown neighborhoods.  Nearly 800 individuals throughout the metro area participated in this event impacting 41 nonprofit organizations in our community.

11 Nov, 2013

OFCCP Issues Final Rules for Federal Contractor Compliance

By |2018-04-23T23:55:16+00:00November 11th, 2013|Construction Contractor Advisor, Office of Federal Contract Compliance Programs (OFCCP)|

The Office of Federal Contract Compliance Programs (OFCCP) has issued the Final Rules for the Vietnam Era Veterans’ Readjustment Assistance Act and the Rehabilitation Act. The Final Rules  will require a change in how federal contractors hire, report and record their efforts to veterans and individuals with disabilities under these rules. Veterans' Regulations Changes Contractors must establish annual hiring benchmarks for protected veterans. Contractors must document and annually record the [...]

5 Nov, 2013


By |2018-04-23T20:59:44+00:00November 5th, 2013|Additional insured coverage, Commercial General Liability (CGL), Contract liability coverage, Indemnity clauses, Midwest Insurance Law Guide, Risk transference|

How does a policyholder enforce a contract in which one party assumes the risk of another?    Let's break it down two ways: By additional insured (AI) endorsement.  AI is an insured. Insurer owes AI fiduciary duties. AI must follow policy terms for coverage. AI does not need to have a written contract with Named Insured for coverage to apply. In most states, AI coverage will include negligent acts of AI in addition to [...]

5 Nov, 2013

Do You Have to Provide An Opportunity to Cure?

By |2018-04-23T23:55:16+00:00November 5th, 2013|Construction Contractor Advisor, Construction Contracts|

You know the situation – your subcontractor is doing a horrible job and you want them off the job. If you terminate the contract and bar them from jobsite, do you have to provide an opportunity them an opportunity to cure? You may if you are thinking about back charging the subcontractor for repairs. A recent case out of Oregon discussed this very situation. There, the general contractor terminated the [...]

1 Nov, 2013

Rocky Rollout for the Affordable Healthcare Act

By |2018-04-23T23:52:19+00:00November 1st, 2013|Health Care Law, Midwest Medical Legal Advisor|

Six people.  That's the number of people who registered with the new healthcare website on Day 1 of its unveiling.  Documents released yesterday by the House of Representatives showed this number modestly increased to 248 individuals successfully enrolled on Day 2 of the rollout. These numbers shine a light on the rocky introduction of President Obama's health care legislation to the American people.  Criticisms of the new healthcare law include the [...]