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Construction
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January 30, 2026
8th Circ. Affirms Toss Of ND Tribal Landowners' Pipeline Suit
The Eighth Circuit Friday refused to revive a group of landowning Three Affiliated Tribes members' lawsuit accusing oil pipeline operator Andeavor of trespassing across their North Dakota reservation lands, with a panel majority concluding that the members had no federal common law trespass claim.
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January 30, 2026
Contractor Says $16.6M Fee Too Much For Contract Delays
Pernix Guam LLC told the U.S. Court of Federal Claims that the U.S. Navy improperly assessed the $16.6 million fee the contractor owed for a nearly three-year delay in construction of a repair shop.
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January 30, 2026
USPS Claims No Obligation To Redevelop Wash. Parcel
The U.S. Postal Service urged a Washington federal court to dismiss a developer's suit over the parties' decades-old agreement to develop and sell a parcel of land in Washington, saying it was under no obligation to renegotiate the parties' agreement in the months before it expired.
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January 30, 2026
Wash. Plaintiffs Fight NY Transfer Request In REIT Merger Suit
A proposed class of investors urged a judge to keep their securities case over a merger between two real estate investment trusts in Washington federal court instead of granting the defendants' request to transfer the case to New York federal court.
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January 30, 2026
DOL Adds More H-2B Visas For Imperiled Employers
The U.S. Department of Labor issued a temporary rule Friday making another 64,716 H-2B visas for seasonal, non-agricultural workers available for fiscal year 2026, but only to employers facing severe financial hardship.
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January 30, 2026
Pa. Restaurant Wants Walmart To OK Roof Permit
A Pennsylvania restaurant claims in a complaint in Pennsylvania state court that its Walmart Inc. landlord has failed to approve a permit for replacing the restaurant's "old and deteriorated" roof.
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January 30, 2026
Trade Court Slams Gov't Bid To Dismiss Wood Shutter Case
A U.S. Court of International Trade judge rejected the government's argument that a wood shutter company obscured the "true nature" of its challenge of the Department of Commerce's refusal to review duties on its products, saying the government didn't adequately explain how to make that determination.
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January 30, 2026
Feds Say Suit To Block Trump From Painting Building Is Moot
The federal government asked a D.C. federal court to toss a lawsuit seeking to stop President Donald Trump from painting a historic building white, saying the president has already agreed to pause his plan until environmental reviews are completed.
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January 30, 2026
Taxation With Representation: Clifford Chance, Ropes & Gray
In this week's Taxation With Representation, real estate investment trust Apollo Commercial Real Estate Finance Inc. announces plans to sell a loan portfolio to retirement services company Athene Holding Ltd., engineering and technology company Leidos acquires Entrust Solutions Group, and Prosperity Bancshares Inc. and Stellar Bancorp Inc. announce a merger.
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January 30, 2026
NJ Panel OKs Bank's COD Denial For Family Dollar Build
A New Jersey appeals panel on Friday found that a bank was within its rights to refuse to fund cash-on-delivery payment for a prefabricated steel structure a developer planned to use on a project to build a Family Dollar store.
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January 30, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London saw collapsed solar bonds company Rockfire Capital sue the Royal Bank of Scotland, e-ticket platform Eventbrite target the owners of Salford Red Devils rugby club over an alleged contract breach, and Scottish distiller William Grant & Sons square off against a former MP in a trademark tussle tied to its Glenfiddich whisky.
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January 29, 2026
Congress' Limited Tariff Role May Persist After Justices Rule
The U.S. Supreme Court's ruling on President Donald Trump's emergency tariffs could leave the door open for Congress to play a larger role in trade policy heading into November's midterms, but that opportunity may pose few political incentives for lawmakers.
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January 29, 2026
Landmark Divestiture Order Scrutinized By 4th Circ. Again
A Fourth Circuit panel questioned whether door manufacturer Steves and Sons Inc. needs to prove its case all over again to save a landmark order requiring its rival Jeld-Wen to unload a Pennsylvania factory during Thursday's oral argument on a bid to vacate the ruling.
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January 29, 2026
JB Hunt Accused Of Blocking Pipeline With Parking Lot Plan
A petroleum transporter sued the shipping giant J.B. Hunt over alleged plans to erect a parking lot over its pipeline, saying the shipping company failed to provide a reasonable alternative to relocate the pipeline as required under an agreement.
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January 29, 2026
Interior Dept. Says NY Can't Overcome Offshore Wind Halt
The Trump administration has urged a D.C. federal court to reject New York's attempt to undo the suspension of an Ørsted subsidiary's offshore wind project, saying the state has only claimed distant and derivative economic harm.
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January 28, 2026
Subcontractor Says Fluor Shut It Out Of Work On NM Wildfires
A subcontractor has told a Texas federal court that Fluor Corporation was in cahoots with another subcontractor to push it out of the disaster relief staffing market relating to the 2022 New Mexico wildfires, saying Fluor violated federal antitrust law.
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January 28, 2026
Concrete Co. Not Exempt From NJ Sick Leave Law, Panel Says
New Jersey suppliers can't rely on an exemption for the construction industry to avoid complying with the state's Earned Sick Leave Law, an appellate panel found Wednesday as a matter of first impression, finding the law only allows builders to claim the exemption to the law.
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January 28, 2026
Construction Group Of The Year: Orrick
Last year, Orrick Herrington & Sutcliffe LLP advised the Gateway Development Commission on the $16 billion Hudson River tunnel replacement project and advised New York City on the Manhattan construction contract for its $13 billion Borough-Based Jails Program to replace the Rikers Island complex, earning a spot among the 2025 Law360 Construction Groups of the Year.
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January 28, 2026
GAO Dismisses Ohio Co.'s Challenge To VA Bid Rejection
The U.S. Government Accountability Office said an Ohio company's disagreement with a U.S. Department of Veterans Affairs decision to reject its bid for a medical center renovation over performance concerns belonged with the Small Business Administration.
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January 27, 2026
Work Shutdown In Sight For $16B NY-NJ Rail Tunnel Project
Officials leading construction of the $16 billion Gateway Tunnel project connecting New York and New Jersey said Tuesday that they are preparing to shut down construction next week unless the Trump administration restores funding.
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January 27, 2026
'Assumed Risk' Bars Construction Death Suit, Ga. Panel Says
A Georgia Court of Appeals panel backed early wins Tuesday for SK Battery America Inc. and its contractors on a Peach State battery plant in a suit over a construction worker's fatal fall on the job, holding that the worker "assumed the risk of his injuries" by not tying himself to a safety line.
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January 27, 2026
Steel Plant, Furnace Maker Sued Over Fatal Explosion In Pa.
A steelworker injured in a fatal explosion last year at the Braeburn Alloy Steel plant outside Pittsburgh has filed a negligence suit against the company that owns the plant, its subsidiaries and a pair of equipment companies, according to a complaint filed in Pennsylvania state court.
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January 27, 2026
Adhesive Cos. Push Back On FTC Merger Concerns
The makers of Loctite and Liquid Nails told a New York federal court that the Federal Trade Commission will be unable to show their planned $725 million merger will hurt competition for construction adhesives.
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January 27, 2026
Trump Admin's 'Irrational' Block On Wind Project Lifted
A Massachusetts federal judge on Tuesday lifted a Trump administration freeze on the nearly complete Vineyard Wind offshore energy project, saying the government had likely flouted federal law by failing to explain a "disconnect" between its stated concerns about national security and its willingness to allow completed turbines to continue operating.
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January 27, 2026
Corning Inks $6B Deal To Supply Data Center Components
Manufacturer Corning on Tuesday said it has reached an up to $6 billion deal to supply Meta with fiber optic cable components for use on data center projects.
Expert Analysis
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits
Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.