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Construction
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October 30, 2024
NY Construction Exec Avoids Jail For Commercial Bribery
A construction executive dodged jail time Wednesday after pleading guilty in New York state court to his role in a sprawling bribery scheme involving $100 million in contracts linked to New York high-rise buildings.
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October 30, 2024
3rd Circ. Vacates, Remands Philly Union Rule Suit
The Third Circuit revived a suit by a group of contractors against Philadelphia and its mayor's office over the city's former policy requiring that companies working on public projects be members of certain designated unions, ruling that those contractors still have standing for injuries that arose while the rule was enforced.
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October 30, 2024
Drywall Co. Stiffed Workers On Overtime, DOL Says
A Phoenix drywall company failed to pay workers a premium rate for overtime work, the U.S. Department of Labor told an Arizona federal court.
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October 29, 2024
Monsanto PCBs 'Pervasive' At School, Scientist Tells Jury
Monsanto-made PCBs were "pervasive" at a Washington school, an industrial hygienist testified Tuesday in the latest trial over illnesses there before being grilled by defense counsel about the integrity of his material samples.
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October 29, 2024
Williams Cos. Applies To FERC For Transco Expansion
A Williams Cos. Inc. unit on Monday submitted an application to the Federal Energy Regulatory Commission to expand the Transco natural gas pipeline's capacity in Virginia, North Carolina, South Carolina, Georgia and Alabama — a proposal over which two environmental groups quickly expressed concern.
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October 29, 2024
Texas Gov., Oil Groups Urge DC Circ. To Revive LNG Projects
Texas Gov. Greg Abbott, the American Petroleum Institute, the Lipan Apache Tribe and others are lining up behind liquefied natural gas project backers asking the full D.C. Circuit to review a panel's decision to nix Federal Energy Regulatory Commission approvals for LNG projects on the Texas Gulf Coast.
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October 29, 2024
NYC Mayoral Straw Donor Scheme Sees Another Guilty Plea
A bookkeeper enmeshed in a straw donor scheme to benefit New York City Mayor Eric Adams' 2021 campaign copped to a violation on Tuesday as part of a deal with the Manhattan District Attorney's Office, effectively closing out the case.
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October 29, 2024
Fla. Banker Agrees To Change Plea In Money Laundering Case
A Miami banker who is the son of Ecuador's ex-comptroller on Tuesday agreed to change his plea to guilty in a federal case alleging that he helped launder money for his father, who was convicted for his role in a corruption scandal that involved canceling fines for a hydroelectric dam in exchange for millions in bribes.
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October 28, 2024
DC Circ. Won't Revisit Quinn Emanuel's $486M Award Fight
Quinn Emanuel Urquhart & Sullivan LLP lost its bid to get the D.C. Circuit to reconsider its decision in a dispute over the firm's authority to represent a port operating in a long-running legal spat with the Republic of Djibouti, according to an order issued Monday by a divided panel of judges.
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October 28, 2024
Mass. Pole Attachment Regs Stymie Broadband, FCC Told
Internet provider GoNetspeed is again asking the Federal Communications Commission to step in and tell Massachusetts to straighten out its regulations for broadband pole attachments, saying the state's current regime is delaying deployment.
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October 28, 2024
Monsanto Attys Fined $20K For Late Reports In PCB Trial
A Washington state judge has ordered eight attorneys defending Monsanto in a Seattle PCB poisoning trial to pay $2,500 each to the local bar foundation for late disclosure of expert reports, saying the "sting" of personal sanctions should deter any future bad behavior causing "chaos and disruption."
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October 28, 2024
Rebar Giant Pushed 'Hands-Off Calif.' Deal, Antitrust Jury Told
Commercial Metals Co.'s ex-CEO conceded during a federal antitrust jury trial Monday that the Texas rebar giant pushed micromill-maker Danieli Corp. into a "hands-off California" exclusivity provision barring Danieli from developing most Golden State rival mills days after discovering Pacific Steel Group was planning to build a mill in Southern California with Danieli.
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October 28, 2024
Ex-Oracle Manager, Software Co. Face Trade Secrets Suit
A new lawsuit by Oracle claims that a manager left the company for a competing venture-backed construction software tech outfit and "absconded with thousands of Oracle's trade secret[s]."
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October 28, 2024
Texas Sues Biden Admin Over Mussels' Endangered Status
Texas sued the U.S. Department of the Interior over a recent federal classification naming several central-Texas mussel species as endangered or threatened, telling a Texas federal court Monday that the agencies failed to consider current conservation efforts and economic impacts of the new rule.
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October 28, 2024
Wrongful Death Coverage Capped At $1M, Zurich Says
Zurich urged a Colorado federal court to grant it an early win in a lawsuit brought by a pipeline construction company stemming from an underlying wrongful death action, arguing that relevant policy language only guaranteed the company $1 million instead of twice that amount.
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October 28, 2024
New Jury Ordered In 'Cop City' Trial Over Court Closure
A defendant in the sprawling, 61-person racketeering indictment of protesters against Atlanta's controversial "Cop City" police training center will get another shot at jury selection after the Georgia Court of Appeals said Monday that a Fulton County trial judge unjustifiably closed her courtroom to the public and the press.
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October 28, 2024
Trade Court Lets Feds Stand By Duties On Russian Pipes
The U.S. Court of International Trade upheld steep remedial duties on Russian pipes, saying the U.S. International Trade Commission sufficiently explained its conclusion that Russia exports a large enough amount of seamless pipes to injure the domestic industry.
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October 25, 2024
Real Estate Recap: Campaigning On Housing, '25 Deal Volume
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the presidential candidates' stances on housing and Wall Street landlords, and one BigLaw real estate leader's predictions for deal volume in 2025.
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October 25, 2024
Bangladesh Rips DC Judge's Arrest Warrant On IMF Officials
The government of Bangladesh said Friday it is "unprecedented" that a D.C. federal judge ordered the arrest of two high-ranking Bangladeshi officials to force their depositions in a power company's lawsuit to enforce $31.9 million in arbitration awards.
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October 25, 2024
Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday
In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.
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October 25, 2024
Pink Is Too Close To Purple, National Gypsum Judge Says
Drywall manufacturer National Gypsum has convinced a Chicago federal judge that new shades of pink used by a company that makes shower wall niches broke the terms of an injunction that was issued after a jury sided with National Gypsum in a legal dispute over the use of the color purple in construction materials.
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October 25, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Competition and Markets Authority take action against a mattress retailer after it was caught pressuring its customers with misleading discounts, Lenovo and Motorola target ZTE Corporation with a patents claim, Lloyds Bank hit by another claim relating to the collapse of Arena Television and U.K. tax authority HMRC sued by the director of an electronics company that evaded millions of pounds in VAT. Here, Law360 looks at these and other new claims in the U.K.
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October 25, 2024
Milber Makris Expands Trial Capabilities With 15 Attys In NY
Milber Makris Plousadis & Seiden LLP, a full-service civil litigation defense firm for the insurance industry, has expanded its litigation and trial capabilities with the addition of 15 attorneys from Zaklukiewicz Puzo & Morrissey LLP and Gartner & Bloom PC in New York.
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October 25, 2024
Cleveland Browns Sue City To Protect Stadium Move Plan
The Cleveland Browns took their city to Ohio federal court to protect their plan to move the NFL team to an adjacent town, saying a Buckeye State law restricting how and when sports teams can move out of taxpayer-supported stadiums is unconstitutional.
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October 24, 2024
Seneca Foods Must Pay Steel Duties On Tin Imports
The country's largest vegetable canner must pay Section 232 tariffs to import tin, after the U.S. Court of International Trade ruled that the U.S. Department of Commerce justified its belief that the company could source the steel domestically.
Expert Analysis
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War
In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Carbon Offset Case A Win For CFTC Enviro Fraud Task Force
An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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What To Expect From Evolving Wash. Development Plans
The current round of periodic updates to Washington counties' growth and development plans will need to address new requirements from recent legislation, and will also likely bring changes that should please property owners and developers, says Jami Balint at Seyfarth.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Preparing For The NLRB's New Union Recognition Final Rule
The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.
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Brownfield Questions Surround IRS Tax Credit Bonus
Though the IRS has published guidance regarding the Inflation Reduction Act's 10% adder for tax credits generated by renewable energy projects constructed on brownfield sites, considerable guesswork remains as potential implications seem contrary to IRS intentions, say Megan Caldwell and Jon Micah Goeller at Husch Blackwell.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.