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Construction
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June 11, 2024
Trade Court Affirms Evasion Finding Against Pipe Co.
A Cambodian pipe company should have been ready for U.S. investigators' scrutiny based on its owner's history of duty evasion, a U.S. Court of International Trade judge determined this week, rejecting its due process claims.
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June 11, 2024
2025 Trial Set For Ex-Conn. Official Charged In Kickback Scheme
A Feb. 6 jury selection date has been set in a federal corruption case accusing a former Connecticut state budget official, lawmaker and beleaguered attorney of extortion and bribery in connection with millions in school finance projects.
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June 11, 2024
Insurer Given Early Exit From Contractor's Cost Overrun Suit
An insurance company was axed Monday from a general contractor's $8.5 million lawsuit against a developer seeking payment for its work building an apartment complex, with a North Carolina state court judge ruling it was too soon to rope in the insurer.
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June 11, 2024
Home Depot Again Notches Win In OT Suit
A California federal court ruled that although a group of workers accusing Home Depot of unpaid overtime set forth enough new evidence to reconsider a win the home improvement chain snagged, the workers didn't sustain their arguments that the company purposely tried to dodge overtime laws.
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June 11, 2024
Travelers Says No Coverage For Investment Bank's Bond Row
A Travelers unit said it doesn't owe directors and officers coverage to an investment bank accused of misleading bondholders into investing in a sports complex development project, telling an Illinois federal court the policy bars coverage for claims arising from the bank's performance of services for a client.
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June 11, 2024
Ga. Justices Say 1-Year Lawsuit Window Stands In Death Case
The Supreme Court of Georgia won't hold liable a home inspector sued by the family of a man who was killed when his home's retaining wall collapsed, ruling Tuesday that the inspector's one-year statute of limitations doesn't violate a state ban on hold harmless provisions in construction contracts.
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June 11, 2024
Skechers Supplier Banned For Alleged Forced Labor Ties
Federal authorities announced on Tuesday three new additions — including a shoemaker linked to the sneaker brand Skechers — to their blacklist of companies purportedly linked to systematic oppression of Uyghurs and other minority groups in China.
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June 11, 2024
Ex-Union Leader Seeks Sentencing Delay Ahead Of Retrial
Former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty has asked a Pennsylvania federal judge to postpone his sentencing for his bribery and embezzlement convictions, pointing to the possibility of the government retrying him on extortion charges following an April mistrial in that case.
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June 11, 2024
Feds Want 10 Years For Ex-Chicago Alderman Burke
Federal prosecutors asked an Illinois federal judge Monday to send former Chicago Alderman Ed Burke to prison for 10 years for "brazenly and boldly" using his official position to steer tax business to his law firm, while Burke requested a sentence of probation, bolstered by letters of support from prominent attorneys and retired judges.
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June 10, 2024
Debevoise Aims To Sink Cognizant Bribery Trial Subpoena
Debevoise & Plimpton LLP urged a New Jersey federal judge Monday to quash defendants' trial subpoena that would require a Debevoise partner to testify in an upcoming September criminal bribery trial against ex-Cognizant Technology Solutions's chief legal officer and another former executive, arguing that the testimony is subject to attorney-client privilege.
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June 10, 2024
Contractor Can Replead Claims In $115M City Streetcar Suit
A contractor suing the city of Charlotte for $115 million over alleged cost overruns and delays on a streetcar line construction project will have another shot at pleading its contract claims after a North Carolina Business Court judge cleared the path to file an amended complaint.
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June 10, 2024
Pa. Bridge Collapse Victim Can Only Get $5K, Court Told
Pittsburgh Regional Transit wants to trim claims brought by a passenger aboard a bus that was on the Fern Hollow Bridge when it collapsed in 2022, telling a Pennsylvania court that as a self-insured state agency, the most it would owe her is $5,000 for medical expenses.
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June 07, 2024
Real Estate Authority: EPA's Brownfield Funding Surge
Catch up on this week's key developments by state from Law360 Real Estate Authority — including a new data series on the U.S. Environmental Protection Agency's brownfield grant program.
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June 07, 2024
LIHTC Developer Asks 11th Circ. To Undo Investor Takeover
A developer told the Eleventh Circuit on Friday it is a victim of a scheme by investors using a lower court ruling to complete a takeover of two Tampa, Florida, senior housing complexes developed with federal low-income housing tax credits.
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June 07, 2024
Contractor Claims No Bad Intentions In Talking To Juror
A general contractor has doubled down on his bid to throw out a contempt conviction for talking to a juror before his suit was officially settled, telling a North Carolina appeals court he genuinely believed the case was over and didn't intend to disrupt the court or violate any order.
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June 07, 2024
DOE Reveals National Definition Of Zero-Emissions Building
The U.S. Department of Energy unveiled a federal definition for determining whether a residential or commercial building qualifies as a zero-emissions building as part of an ongoing effort to slash greenhouse gas emissions across the traditionally heavily emitting sector.
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June 07, 2024
Texas Top Court Denies Roofer's Challenge To Adjuster Laws
The Supreme Court of Texas tossed on Friday a roofing company's challenge to the state's public adjuster licensing laws, saying that requiring a license or preventing certain conduct didn't violate the roofer's free speech rights.
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June 07, 2024
Calif. Developer Seeks $5M Excess Coverage For Defect Suits
A California developer is seeking coverage under a $5 million excess policy for an underlying settlement stemming from construction defect claims, telling a federal court that its excess insurer wrongfully refused to cooperate in the dispute resolution and that the policy expressly provided coverage.
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June 07, 2024
Fla. Builder's Former In-House Atty Beats DQ Bid In Firing Suit
A Florida federal judge has rejected a development company's bid to disqualify the Boatman Ricci law firm from representing the company's former in-house counsel in his wrongful termination lawsuit.
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June 06, 2024
Calif. Justices OK UC Berkeley People's Park Housing Plan
The University of California, Berkeley, can move ahead with its plans to build a housing project in the historic People's Park, the California Supreme Court ruled Thursday, saying a new state law wipes out opponents' claims that the university's environmental impact study failed to look at potential student noise pollution.
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June 06, 2024
Tribes, Green Groups Lose Challenge To SunZia Power Line
An Arizona federal judge Thursday threw out a challenge by a coalition of tribes and conservation groups to undo a nearly decade-old federal government decision that they said allowed SunZia Transmission LLC to route a 520-mile power line through important cultural and historical sites in the San Pedro Valley.
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June 06, 2024
Prof Can Test NC State Building For Carcinogens
A split state appeals court has granted a former North Carolina State University employee stricken by cancer access to gather evidence in a campus building that studies showed contained cancer-causing materials.
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June 06, 2024
Mass. AG Asks State High Court To Affirm Housing Law
Massachusetts Attorney General Andrea Joy Campbell told the state's highest court this week that her office has the authority to seek enforcement of what she says is a mandatory state housing initiative requiring more than half the state's communities to allow multifamily housing development.
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June 06, 2024
6th Circ. Backs Construction Co. Refusal Of Union's Audit Ask
The Sixth Circuit upheld a Michigan construction company's defeat of a lawsuit seeking to compel an audit of company contributions to a union local's fringe benefit funds, saying the funds didn't have a valid contract with the company after a collective bargaining agreement expired.
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June 06, 2024
Turf Co. Says Ex-VP Stole Secrets Before Joining Rival
A longtime sales executive at FieldTurf USA, one of the leading manufacturers of artificial turf sports fields, has absconded with confidential information about the company's customers and taken the information to an industry rival, according to a lawsuit filed in Georgia federal court Wednesday.
Expert Analysis
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief
In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Looking For Defense Contract Appeal Trends In Annual Report
A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
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2nd Circ. Holding Could Disrupt SEC Disgorgement Methods
A recent Second Circuit decision in U.S. Securities and Exchange Commission v. Govil that held disgorgement to be an equitable remedy has the potential to substantially disrupt the SEC's long-standing approach to monetary remedies in many of the cases the agency brings, say attorneys at Debevoise.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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A Bird's Eye View Of NYC's New Parapet Inspection Law
Building owners in New York City should be ready for the city's new parapet inspection requirements going into effect in January, which will likely necessitate additional construction work for countless buildings not previously subject to formal inspections, says Benjamin Fox Tracy at Braverman Greenspun.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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AI Use May Trigger False Claims Act's Public Disclosure Bar
The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.