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Construction
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April 25, 2024
Biden Permitting Reform To Fast-Track Power Line Approvals
Streamlined federal permitting for electric transmission projects is expected to shave years off the authorization process and speed up development of new power connections, according to a final new rule released on Thursday by the Biden administration.
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April 25, 2024
3 Things Attys Should Know About Pa.'s $48B Spending Plan
Several areas of Pennsylvania Gov. Josh Shapiro's proposed $48 billion budget for 2024-2025 could result in more work for the legal industry, including more opportunities for crafting economic development deals, getting a recreational cannabis industry off the ground, and speeding up environmental permit applications, experts tell Law360.
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April 25, 2024
Treasury Finalizes Rules On Sales Of Green Energy Credits
The U.S. Department of the Treasury released final rules Thursday to facilitate the sale or transfer of clean energy tax credits by project owners under a new way to monetize the incentives created by the 2022 landmark climate law.
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April 24, 2024
Construction Supplier Threatened Us, Distribution Execs Say
Current and former executives for construction distribution companies told a Denver jury Wednesday they believed a Berkshire Hathaway-owned construction supply company pressured them not to do business with a smaller rival, with one witness saying he initially stuck with the Berkshire supplier because it didn't seem like an "idle threat."
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April 24, 2024
DOL Says Firm 'Repeatedly' Misclassified Highway Workers
The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.
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April 24, 2024
Insurer Wants Other Carrier's Third-Party Coverage Suit Axed
An insurer asked a Colorado federal court to toss Acuity's third-party suit alleging breach of contract in a coverage dispute over a construction defect arbitration proceeding, saying the claim failed because there is no privity of contract between the two carriers.
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April 24, 2024
Texas Appeals Panel Partially Reverses Atty's Fee Victory
An Austin, Texas, trial lawyer who defeated a breach of fiduciary duty claim brought after he represented one half of a business partnership that went sour has had part of his victory overturned, with a Texas appellate court Wednesday determining that the trial court overstepped when also throwing out a fee claim against the attorney.
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April 24, 2024
Feds' 'Sparse' Explanations Call For Remand, Says Rebar Co.
An error and "sparse" justification underpinning a countervailing duty assessment required the U.S. Court of International Trade to remand the results of the fifth review of Turkish rebar tariffs, counsel told CIT Judge Gary S. Katzmann on Wednesday.
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April 24, 2024
Mass. Golf Course Manager Gets 13 Months For Tax Fraud
A Massachusetts golf course manager was sentenced to 13 months in prison after pleading guilty to tax charges, following prosecutors' accusations that he manipulated contracts with a home developer to deflate their value.
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April 24, 2024
US Solar Cos. Call For Duties On Cells From Southeast Asia
Seven U.S. solar manufacturers on Wednesday called on the U.S. government to impose duties on solar cells from four Southeast Asian countries, saying a surge in production in those countries — much by Chinese-owned companies — has been undercutting the domestic market.
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April 24, 2024
Biden Admin Closes $362M Loan To Texas EV-Wiring Maker
The Biden administration has finalized a $362 million loan to help pay for a Texas automotive-wiring component plant, a move intended to boost the U.S. domestic supply chain for electric vehicles.
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April 24, 2024
DTE Says Toshiba Must Share Info On $500M Plant Upgrade
Michigan's largest energy companies want to force Toshiba Corp. to disclose details about its allegedly botched work on a hydroelectric plant, arguing it can't claim the documents are confidential just because they were shared with prospective buyers.
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April 24, 2024
Landlords Bring NY Rent Law Challenge To High Court Again
Thirteen New York property owners urged the U.S. Supreme Court to review their challenge to two 2019 changes to New York rental laws, arguing that the suit is the better-tailored vehicle Justice Clarence Thomas signaled interest in when denying a similar challenge in January.
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April 24, 2024
California Atty Must Face Defamation Claims Over Texts
An Orange County attorney cannot hide behind claims of litigation privilege and must face defamation claims over disparaging text messages he sent about a contractor working on his home, a California state appeals court said Tuesday.
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April 23, 2024
Monsanto Judge Slashes $857M PCB Jury Verdict
A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.
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April 23, 2024
$12M Chicago Toxic Demolition Settlement Receives Final OK
An Illinois federal judge gave his final blessing to a group of Chicago residents' $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.
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April 23, 2024
Chinese Foam-Making Chemicals Dominate Market, Co. Warns
The U.S. subsidiary of an Israel-based chemical manufacturer urged the U.S. government Tuesday to impose anti-dumping and countervailing duties on Chinese-origin alkyl phosphate esters, saying imports of the chemical commonly used in making polyurethane foam are taking over the U.S. market.
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April 23, 2024
NJ Appeals Court Backs State's Siting Regs For Solar Projects
A New Jersey state appeals court on Tuesday upheld project-siting requirements under a Garden State law encouraging new solar development, rejecting a renewable energy industry group's argument that the requirements are unlawfully strict.
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April 23, 2024
Baltimore Sues Owners Of Ship That Crashed Into Key Bridge
Baltimore wants the owners and operators of the cargo ship that knocked down a part of the Francis Scott Key Bridge to pay for the rebuild and cover billions of dollars of revenue the city will likely lose out on while its port is shut down, according to a federal complaint the municipality's leaders filed Monday.
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April 23, 2024
Trade Court Orders Feds To Rethink Canadian Lumber Duties
The U.S. Court of International Trade ordered the U.S. Department of Commerce to redo countervailing duties on Canadian lumber, saying the department must better explain its refusal to check whether suppliers for investigated companies had received government subsidies.
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April 23, 2024
Cleveland-Cliffs Execs Say US Steel-Nippon Deal Is 'Dead'
Cleveland-Cliffs Inc. executives said Tuesday that U.S. Steel is "denying reality" as it continues to pursue its $14.9 billion sale to Japan's Nippon Steel, suggesting that the deal is effectively "dead" following President Joe Biden's opposition to it and that the Ohio-based steel manufacturer remains the only viable buyer.
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April 23, 2024
Locke Lord Wins Appellate Review Of Malpractice Suit
Locke Lord LLP has convinced a New Jersey state appellate court to review a trial court's ruling rejecting the firm's attempt to evade a malpractice suit alleging that it mishandled a transaction involving an oil refinery project in North Dakota.
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April 23, 2024
Hunton Hires Martin Marietta Assistant GC In San Francisco
Hunton Andrews Kurth LLP said Tuesday it is growing its environmental team by bringing in a land use and mining expert as a partner in the firm's San Francisco office from building supply company Martin Marietta Materials Inc., where he was assistant general counsel.
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April 23, 2024
Jury Finds Ex-Ecuadorian Official Guilty Of Money Laundering
A Florida federal jury on Tuesday found the former comptroller of Ecuador guilty on all counts charged against him by the government, which accused him of taking millions of dollars in bribes and directing his son, a banker in Miami, to launder the money.
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April 22, 2024
DOJ Antitrust Concerns Topple $960M Insulation Biz Merger
Insulation and building material provider TopBuild Corp. said Monday it has terminated its $960 million agreement to buy mechanical insulation provider Specialty Products & Insulation from private equity firm Incline Equity Partners, saying it was unable to reach a deal with the U.S. Department of Justice over antitrust concerns.
Expert Analysis
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Key Shifts In EU, UK Emissions Credits: Challenges For Cos.
An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.
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5th Circ. Ruling May Beget Fraud Jury Instruction Appeals
The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.
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Breaking Down Insurers' Improper Recoupment Efforts
In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.
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House Bill Could Help Resolve 'Waters Of US' Questions
Legislation recently introduced in the U.S. House that would restore Clean Water Act protection to areas excluded from it by the U.S. Supreme Court's Sackett v. EPA decision faces an uphill battle, but could help settle the endless debates over the definition of "waters of the United States," says Richard Leland at Akerman.
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California's Offshore Turbine Plans Face Stiff Headwinds
To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Rebuilding The Construction Industry With AI
Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Mass. Bill May Alter Deals Involving Both Goods And Services
Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.