Construction

  • May 23, 2024

    FERC Cements 1-Year Window For State, Tribal Water Permits

    The Federal Energy Regulatory Commission on Thursday said it will give states and tribes one year to act on water quality certificate requests from developers of any energy project seeking agency approval, the maximum amount of time allowed under the Clean Water Act.

  • May 23, 2024

    Commerce Must Rethink German Steel Duties A 4th Time

    The U.S. Department of Commerce failed a third time to convince the trade court that its assessment of a German steel company's energy costs is correct, with the court ordering it to once again rethink duties on the company's exports.

  • May 23, 2024

    Army Corps Ordered To Award $5M Deal To Co. It Flipped On

    The U.S. Court of Federal Claims ordered the U.S. Army Corps of Engineers to award a $5 million diving services deal to a company whose bid it irrationally rejected as unacceptable, despite initially finding the proposal acceptable.

  • May 23, 2024

    Oakland Coliseum Sold To Black-Led Biz Group For $105M

    The City of Oakland has agreed to sell its share of the Oakland Coliseum to a group of Black community, business and investment leaders for a minimum of $105 million in a deal that the city said will pave the way for affordable housing units, outdoor space and future developments.

  • May 23, 2024

    Commission Paves Way For Duties On Brass Rod Imports

    The U.S. International Trade Commission ruled 3-1 that imported brass rods, used in cell tower networks and military braking systems, has been economically harming the domestic market.

  • May 22, 2024

    Monsanto's Appellate Win Won't Nix $438M PCB Loss

    A Washington state trial judge has declined to throw out a $438 million judgment against Monsanto in one of a series of PCB poisoning suits tied to a school site, rejecting the company's argument that the judgment cannot stand on the heels of a state appellate court ruling reversing another plaintiffs' win in the case group.

  • May 22, 2024

    Ill. Justices Weigh Zurich's Right To Recover $3M Flood Loss

    The Illinois Supreme Court weighed Wednesday whether Zurich American Insurance Co. can recoup $3 million from a subcontractor for water damage repair costs the insurer paid to a general contractor despite Zurich filing suit on behalf of a different insured.

  • May 22, 2024

    Insurer Denied Win In Leaky Window Coverage Dispute

    A Kansas federal court refused to rule that an insurer has no duty to defend or indemnify its policyholder in a defective window installation dispute with a county board of commissioners, saying granting the insurer's request would impact the board's rights as a third-party beneficiary.

  • May 22, 2024

    Developer Had No Duty To Verify Flood Model, Court Hears

    A Houston-area developer indicated before a state appeals court Wednesday that the consequences of entering a judgment in favor of more than 400 homeowners whose properties flooded during Hurricane Harvey would be catastrophic, as their claims boil down to the developer's alleged failure to double-check modeling conducted by an outside consultant.

  • May 22, 2024

    Fraud Defendant Strikes Deal To End Ch. 11, Sell House

    A corporation owned by the defendant in a $93 million securities fraud case Wednesday told a Florida bankruptcy judge it has reached a deal to end its Chapter 11 case and sell the multimillion-dollar Coral Gables home that is its sole asset.

  • May 21, 2024

    9th Circ. Axes Forest Service's Calif. Mining Exemption

    A split Ninth Circuit panel on Tuesday cut down the U.S. Forest Service's approval of gold exploration mining in California's Inyo National Forest, handing a win to environmentalists who had opposed the project for its potential impacts to threatened sage grouse and endangered fish.

  • May 21, 2024

    Toll Bros. Lobs Legal Malpractice Claims At Gordon Rees

    Luxury home builder Toll Bros. Inc. has filed legal malpractice and breach of contract claims against Gordon Rees Scully Mansukhani LLP, claiming that the California-based firm didn't comply with discovery obligations, among other failures while representing Toll Bros. in a dispute over a project in Washington state.

  • May 21, 2024

    OSHA Hit With Constitutional Challenge To Walkaround Rule

    A dozen business groups led by the U.S. Chamber of Commerce sued the Occupational Safety and Health Administration over the so-called walkaround rule in Texas federal court Tuesday, challenging the constitutionality of a two-month-old regulation that expanded workers' right to bring in outside representatives during job safety inspections.

  • May 21, 2024

    Feds Say Importer Can Get Domestic Steel, Instead Of Duty Relief

    The U.S. Department of Commerce defended its refusal to exempt a steel company from potentially millions of dollars worth of national security tariffs, saying it was swayed by evidence that the company could source materials domestically.

  • May 21, 2024

    Caterpillar To Pay $800K To End DOL Race Bias Probe

    Heavy equipment manufacturer Caterpillar Inc. has agreed to pay $800,000 to resolve U.S. Department of Labor allegations that it refused to hire qualified Black applicants for welding positions at an Illinois facility, the agency said Tuesday.

  • May 21, 2024

    NC Panel Cans Atty's 'Grossly Excessive' Fees In Wage Suit

    A North Carolina appeals court rejected a real estate agent's bid to be awarded nearly $500,000 in attorney fees after winning an unpaid wages lawsuit, reasoning Tuesday that state wage law doesn't require that fees be granted to a prevailing party.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    Contractor For Exxon, QatarEnergy LNG Venture Hits Ch. 11

    The general contractor for a liquefied natural gas project co-owned by Exxon Mobil Corp. and QatarEnergy filed for Chapter 11 protection in Texas bankruptcy court Tuesday with more than $1 billion of debt, saying it intends to use the court process to back out of the Texas venture.

  • May 20, 2024

    Justices Turn Away Hospital Construction Feud

    The U.S. Supreme Court on Monday rejected a case that centers on a $180 million project to expand a Mississippi children's hospital, once again declining to resolve whether parties that agree to certain arbitral rules have also agreed to delegate jurisdictional questions to the arbitrator.

  • May 20, 2024

    NC License Law Didn't Violate 1st Amendment, 4th Circ. Finds

    The Fourth Circuit held on Monday that North Carolina's licensing requirements for surveyors don't violate the free speech rights of a drone pilot who sought to create maps for customers, with the court finding the state regulation is backed by sound public interests.

  • May 20, 2024

    Mich. Town Can't Block $2B Battery Plant, Judge Rules

    A Michigan federal judge has ordered that Green Charter Township can't prevent Gotion Inc.'s upcoming battery components plant, in which the company plans on investing more than $2 billion, from moving forward.

  • May 20, 2024

    Nonprofits Renew Bid To Enter Red States' Border Wall Suit

    Two nonprofits urged a Texas federal court to add them to a challenge to the Biden administration's plans to use border wall appropriations for remediation projects, saying they were shocked by the administration's acceptance of an order suspending the plan.

  • May 20, 2024

    Caterpillar, Equipment Co. Seek New Trial After $100M Verdict

    Caterpillar and a defunct equipment importer have asked a Delaware federal court for a new trial after a jury cleared Caterpillar of antitrust violations but found it caused the importer $100 million in damages by interfering with its contract.

  • May 20, 2024

    Colo. Justices Toss Decision That Restricted Appeals

    The Colorado Supreme Court on Monday said a lower court had made it too hard for parties to get immediate interlocutory appeals, with justices finding appellants should not have to show a hardship or injustice in order to do so.

Expert Analysis

  • Ill. Justices Set New Standard For Analyzing Defect Claims

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    The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 3 Power Rulings Change Outlook For Transmission Cos.

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    The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.

  • How New Fla. Condo Law Will Affect Owners' Finances

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    As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What May Define Contract Disputes Act Jurisdiction In 2024

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    Now is a good time to reflect on how several recent decisions may have limited the government's ability to weaponize jurisdictional prerequisites under the Contract Disputes Act, and how this new direction may affect government contractors and practitioners filing CDA appeals in 2024, say attorneys at Seyfarth.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • A Difficult Year For CRE, But Future May Be Brighter

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    2023 was a challenging year for the commercial real estate industry, marked by significant uncertainty, but market pressure and signs of rising interest rates provide some reasons to be cautiously optimistic for the year ahead as pandemic headwinds and gridlock fade away, say attorneys at Ropes & Gray.

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