Construction

  • June 12, 2024

    Tribes Say Court Must Examine Spill Risks In Gold Mine Row

    Half a dozen tribes that oppose a large open-pit gold mine along the Kuskokwim River in southwest Alaska have urged a federal judge to vacate a U.S. Army Corps of Engineers authorization for the project, saying the government has wrongly interpreted environmental concerns.

  • June 12, 2024

    Landscaper's H-2B App Doomed By Missing Permanent Staff

    A Utah landscaper's efforts to hire 15 construction workers through the H-2B seasonal worker visa program was doomed by evidence that the company hadn't maintained a permanent workforce, according to a recent U.S. Department of Labor decision.

  • June 12, 2024

    Worker Hits Lumber Co. With 401(k) Fee, Investment Suit

    A lumber company violated federal benefits law by choosing expensive, poor-performing funds for its employee retirement plan and saddling participants with lofty fees, according to a new lawsuit filed in Pennsylvania federal court.

  • June 12, 2024

    Construction Co. Owes $353K For H-2A Violations, DOL Says

    A Nebraska construction company operating in California must pay nearly $353,000 in back wages and fines for denying 43 workers their full wages and rights under the H-2A temporary worker program, the U.S. Department of Labor announced Wednesday.

  • June 11, 2024

    Berkshire Unit Wants $20M Antitrust Loss Tossed Or New Trial

    A Berkshire Hathaway-owned construction supplier asked a Colorado federal judge Monday to reverse its $20 million jury trial loss to a smaller rival in the insulation material business, arguing that the damages are untethered to the alleged conduct, especially under a Tenth Circuit decision reviving the antitrust lawsuit.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Calif. GHG Disclosure Law Will Affect Companies Worldwide

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    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.

  • New DOJ Roles Underscore National Security Focus

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    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.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • A Look At Competition Enforcers' 2026 World Cup Game Plan

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    Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.

  • Extreme Weather And Renewable Project Insurance Coverage

    Excerpt from Practical Guidance
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    The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.

  • Series

    ESG Around The World: Japan

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    Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Unpacking OMB's Proposed Uniform Guidance Rewrite

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    Affected organizations, including state and local governments, should carefully review the Office of Management and Budget's proposed overhaul of uniform rules for administering over $1 trillion in federal funding distributed each year, and take the opportunity to submit comments before the December deadline, says Dismas Locaria at Venable.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Leveraging Municipal Bonds For Green Energy Finance

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    The U.S.'s transition to renewable energy will require collaboration between public and private capital sources — and that means that lawyers used to working in corporate finance must understand how the municipal bond market functions differently, due to its grounding in the U.S. Constitution, says Ann Fillingham at Dykema.

  • Mitigating Costs And Delays In The Energy Transition

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    Achieving net-zero will require constructing a massive amount of new wind, solar and energy storage infrastructure — and while cost overruns and delays are to be expected, contractors and owners can proactively address these problems in their project documents, say Christopher Ryan and Jesse Sherrett at Shearman.

  • NY Co-Ops Must Avoid Pitfalls When Navigating Insurance

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    In light of skyrocketing premiums, tricky exclusions and dwindling options, New York cooperative corporations must carefully review potential contractors' insurance policies in order to secure full protection, as even seemingly minor contractor jobs can carry significant risk due to New York labor laws, says Eliot Zuckerman at Smith Gambrell.

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