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Construction
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July 31, 2024
Rising Star: Kirkland's James Clark
James Clark of Kirkland & Ellis LLP has for years worked on one of the world's largest development and infrastructure projects — a Herculean undertaking in Saudi Arabia — and in the process has earned a spot among the construction law practitioners under age 40 honored by Law360 as Rising Stars.
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July 30, 2024
Georgia Fends Off Massive Port Project Claim
An international tribunal has rejected a multinational consortium's claim against the Georgian government for nixing a contract to construct a deep-water port on the eastern shore of the Black Sea.
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July 30, 2024
Texas Appeals Court Says $10M Verdict For Railcar Co. Stands
A Texas appeals court said that Trinity Industries Leasing Co. is entitled to the full $10.6 million verdict that a jury previously awarded the company, finding Monday that corrosion on a railcar by itself didn't trigger limitations on Trinity's breach claim.
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July 30, 2024
Fla. County Board OKs Funding For $1.3B MLB Stadium
A Florida county's commissioners on Tuesday approved $312.5 million in funding to go toward a new, $1.3 billion stadium for MLB's Tampa Bay Rays team.
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July 30, 2024
Ex-Allied World Insurance Exec. Admits To $1.5M Fraud
A former Allied World Insurance Co. executive pleaded guilty Tuesday to running a scheme that tricked the company into paying nearly $1.5 million for phony construction work and collecting undisclosed kickbacks from its vendors.
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July 30, 2024
Monsanto PCB Plaintiffs Say Expert Can Survive Appeals Loss
A group of families suing Monsanto alleging chemical poisoning urged a Washington state judge on Monday to reject the company's bid to derail their case nearing trial, arguing testimony from an exposure expert cannot be ruled out just because an appellate court struck some of his opinions in a different case.
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July 30, 2024
DC Circ. Tosses FERC's OK Of Northeast Pipeline Expansion
The D.C. Circuit on Tuesday threw out the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion, ruling that the agency overlooked the project's "enormous" greenhouse gas emissions and failed to properly consider the lack of market need for the added natural gas capacity.
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July 30, 2024
Utility Co. Denied Injunction In Row Over Apprentice Workers
A Michigan federal judge has denied a utility construction and maintenance company's bid for an injunction against a joint labor-management committee supervising apprentice line workers in the company's antitrust suit, finding that the company is unlikely to succeed on the merits of its claim.
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July 30, 2024
No Damage Needed To Replace NJ Beach House, Panel Says
New Jersey property owners looking to replace an existing structure located in a flood hazard area don't have to show it's in an unusable condition, a state appellate panel ruled Tuesday, backing the state Department of Environmental Protection's denial of a request by neighbors to rescind a developer's permit to replace a beachfront home.
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July 30, 2024
Pot Cos. Can't Push RICO Claims Against Calif. City
A California federal judge has thrown out racketeering claims by six cannabis companies that accuse the city of Cudahy of illegally assessing fees, saying that because Congress listed cultivation and sale of cannabis under the definition of racketeering, they can't recover damages.
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July 30, 2024
Quinn Emanuel Must Prove Authority In $486M Award Fight
A divided D.C. Circuit panel ruled Tuesday that a lower court should have determined whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent Doraleh Container Terminal SA before deciding whether to enforce a $486 million arbitral award issued against Djibouti.
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July 29, 2024
Gas Refinery Co. On Hook For Worker's $1.6M Injury Award
An Ohio appellate panel has affirmed a $1.6 million award to an energy services worker who suffered serious injuries after thousands of gallons of jet fuel spilled onto him, saying there is sufficient evidence to support the $5.3 million verdict, which was later reduced.
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July 29, 2024
County's Pipeline Sinkhole Suit Too Late, Contractor Says
A construction company says a Washington state court should toss a breach of contract suit linked to a public sewer pipeline project that allegedly triggered sinkholes along a Seattle canal, saying the claims brought by a Washington county are barred by the state's six-year statute of repose for construction.
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July 29, 2024
Trademark Cases To Watch In The Second Half Of 2024
The U.S. Supreme Court will hear arguments in a trademark infringement case regarding disgorgement of profits from corporate affiliates, and The Pennsylvania State University is headed to trial against a sports apparel retailer in a case with potentially huge ramifications for merchandise licensing. Here is a look at the trademark cases to watch for the rest of the year.
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July 29, 2024
Clean Energy Tax Credit Sales Could Hit $25B, Report Says
Total sales of clean energy tax credits could reach as high as $20 billion to $25 billion this year, signaling a flourishing marketplace for credit sales authorized by the 2022 climate law, according to a midyear report released Monday by a climate tech startup firm.
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July 26, 2024
Real Estate Recap: CrowdStrike, CFIUS, Financial Services
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the real estate sector's reaction to the CrowdStrike outage, heightened scrutiny of foreign investment in U.S. properties and a view of evolving financial services regulation from the general counsel of the Conference of State Bank Supervisors.
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July 26, 2024
Assa Abloy Resolves DOJ Merger Monitor Dispute
Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.
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July 26, 2024
Robinson+Cole Adds Ex-Bose Atty To Mass. Real Estate Team
Robinson+Cole hired Kimberly A. Sigler, the former Bose Corp. assistant general counsel and a company director, as a partner for its real estate group in Boston, the firm announced.
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July 26, 2024
Wait For Depositions May Delay Cognizant Bribe Trial Again
Trial in a five-year-old case alleging two former Cognizant executives authorized a bribe to a government official in India could be delayed again after New Jersey federal prosecutors said on Friday that the current Sept. 9 date is too soon to complete necessary depositions in that country.
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July 25, 2024
Monsanto Says Appellate Win Should Stave Off Next PCB Trial
Monsanto told a Washington state court its recent appellate victory left another set of chemical poisoning plaintiffs without key testimony tying their health conditions to polychlorinated biphenyls, hoping to avoid the next trial in a group of cases involving a single school site.
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July 25, 2024
11th Circ. Revives FCA Dispute Over Small Biz Contracts
The Eleventh Circuit on Thursday revived a whistleblower False Claims Act case alleging new owners of a construction firm fraudulently secured orders under a program for disadvantaged small businesses, saying those owners should have told the Small Business Administration about the ownership switch.
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July 25, 2024
Insurer Can't Link Secrets Suit To $47M Claim, Ex-Worker Says
A former worker for British insurance company Beazley urged a Florida federal court Thursday to toss claims alleging trade secrets theft, saying the company's suit doesn't show how he supposedly caused it to incur $47 million in damages from an arbitration case over a Brazilian thermoelectric plant.
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July 25, 2024
NC High Court Signals End To College Building Access Row
The Tar Heel State's Supreme Court this week unpaused a legal battle between North Carolina State University and a cancer-stricken professor after the two said they had resolved a dispute over testing for carcinogens in a campus building.
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July 25, 2024
US Calls For Labor Scrutiny At Mexican Components Plant
The Office of the U.S. Trade Representative announced a new request Thursday calling on Mexican authorities to investigate claims that workers at a components manufacturing plant were fired for protected activities and blocked from joining outside unions.
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July 25, 2024
Defense Teams' Solidarity Key In Hawaii DA's Acquittal
California federal prosecutors' bribery case against a prosecutor, a businessman and an outside counsel collapsed after no defendant turned state's evidence and one even testified for the defense, showing the value of presenting a unified front, the winning lawyers said.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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2 Lessons From Calif. Overtime Wages Ruling
A California federal court's recent decision finding that Home Depot did not purposely dodge overtime laws sheds light on what constitutes a good faith dispute, and the extent to which employers have discretion to define employees' workdays, says Michael Luchsinger at Segal McCambridge.
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Differences In Enforcing Oral Settlements In NJ And Pa.
New Jersey mediations should incorporate new best practices for settlement agreements after a recent state appellate court ruling eliminated the enforceability of oral-only settlements, setting New Jersey at odds with Pennsylvania’s established willingness to enforce unwritten agreements that were clearly intended to be binding, say Thomas Wilkinson and Thomas DePaola at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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A Checklist For Lenders Preparing For CRE Loan Defaults
Considering the recent interest rate environment, lenders should brush up on the proper steps that they should take when preparing to respond to a borrower's default on a commercial real estate loan, and borrowers should understand what lenders will be reviewing, says attorney Norma Williams.
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7th Circ Joins Trend Of No CGL Coverage For Structural Flaws
The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.
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Criminal Enforcement Considerations For Gov't Contractors
Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.