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Construction
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August 28, 2024
Worker Lowers Fee Request In 3rd Bid For OT Deal Approval
A corporate office furnisher and a former employee again asked a Georgia federal court to greenlight a deal that would resolve the worker's suit alleging he was fired for complaining about unpaid overtime, saying this third settlement draft adequately reduces an attorney's fees.
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August 27, 2024
Asbestos Claimants Tell 4th Circ. Bestwall Isn't Distressed
The official committee of asbestos claimants in the Chapter 11 case of Georgia-Pacific unit Bestwall told the Fourth Circuit that the company's bankruptcy should be tossed because commitments to fund asbestos liabilities by the parent mean the debtor isn't facing financial distress.
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August 27, 2024
Reports On 76ers Arena Proposal Don't Allay Chinatown's Fears
A series of studies released by the office of Philadelphia Mayor Cherelle Parker underscored unanswered questions and uneasiness coming from the neighboring Chinatown community about the potential effects of building a new arena in Center City, even if it brings new tax revenue.
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August 27, 2024
New Jersey Laws Attorneys Need To Know In 2024
New Jersey Gov. Phil Murphy has signed contentious new bills into law recently that attorneys and business owners are adjusting to, including updates to the state's Open Public Records Act that make "fee shifting" more difficult, and a new wage requirement for temporary workers.
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August 27, 2024
Biz Owner Gets 22 Months For Keeping $2.5M In Payroll Tax
A man who ran construction companies was sentenced to nearly two years in prison and ordered to pay about $2.5 million in restitution to the federal government after admitting he didn't pay employment taxes, the U.S. Attorney's Office for the Northern District of Georgia said Tuesday.
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August 27, 2024
Kirkland Adds Energy Regulatory Pro From Vinson & Elkins
Kirkland & Ellis LLP has hired a corporate attorney who worked at Vinson & Elkins LLP for 16 years as a partner in its energy regulatory practice group.
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August 26, 2024
Army Corps Looks To Trim Claims In Alaskan Gold Mine Row
The U.S. Army Corps of Engineers has told an Alaska federal judge that most of the claims asserted by a small village that's trying to thwart an open pit gold mine can't be supported and should be dismissed.
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August 26, 2024
9th Circ. Won't Renew Seattle Homeowners' Insurance Row
A group of Seattle homeowners cannot force Security National Insurance Co. to help cover a nearly $617,000 default judgment in an underlying construction defect dispute against its insured, the Ninth Circuit ruled, finding exclusions barring coverage for new construction applicable.
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August 26, 2024
Feds Want 1 Year In Prison For Co. Owner In Bid-Rigging Case
On Friday, federal prosecutors asked a Georgia federal judge to sentence a man who pled guilty to participating in a coastal Georgia concrete bid-rigging and price-fixing scheme to one year and a day in prison.
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August 26, 2024
Saul Ewing Grows Philly Office With Construction Litigator
An attorney with more than 10 years of experience litigating construction-related matters has returned to her home state of Pennsylvania to join Saul Ewing's Philadelphia office, the law firm announced Monday.
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August 26, 2024
Fox Rothschild Lands Condo Team From Armstrong Teasdale
A team of 10 real estate attorneys from Armstrong Teasdale LLP have jumped to Fox Rothschild LLP, where they'll form the core of a new practice, the firm said Monday.
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August 26, 2024
Canada Planning 100% Surtax On Chinese EVs, 25% On Steel
Canada plans to implement a 100% surtax on imported Chinese electric vehicles and a 25% surtax on Chinese steel and aluminum as part of a package intended to protect Canadian industry from unfair competition, the country's Department of Finance said Monday.
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August 23, 2024
Real Estate Recap: Key Cases, Proptech Pain, RealPage Suit
Catch up on the past week's key developments by state from Law360 Real Estate Authority — including the residential real estate cases to watch in 2024's second half, proptech's recent funding lapse and long-term potential, and a new lawsuit from the U.S. Department of Justice against property management software company RealPage.
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August 23, 2024
Cypriot Cos. Say Serbia Must Face $32M Real Estate Claim
A group of Cypriot companies claiming that the Republic of Serbia owes them about $32 million for allegedly expropriated real estate are urging an international tribunal not to toss their claims, saying the country asserts wrongly that the arbitral body doesn't have jurisdiction in the dispute.
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August 23, 2024
Caterpillar Can't Nix $12.9M Jury Loss In Wirtgen IP Row
A Delaware judge has declined to overturn a $12.9 million verdict that Caterpillar was ordered to pay machinery manufacturer Wirtgen for infringing five road-milling machine patents, rejecting Caterpillar's equitable defenses that included the patents are unenforceable because of an unreasonable delay in the patent application process.
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August 23, 2024
Texas City Can't Avoid Improvement District Bond Payments
A Texas appeals court has affirmed a Dallas specialty finance company's win over the city of Hutto, finding this week that the finance company made valid transactions despite the city's protests that the bonds at issue weren't valid under state law.
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August 23, 2024
Class Wants $2.1M In Fees In Home Depot Hose Fight
A class suing Home Depot Corp. and Reliance Worldwide Corp. asked a Georgia federal judge to award them $2.1 million in attorney fees, more than $160,000 in expenses and $35,000 for class representative service awards in connection with a settlement that was preliminarily approved in March.
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August 23, 2024
Court Urged To Reject Stay In $4.8M Panama Arbitration Row
A Miami businessman and his construction company fired back Thursday against a request from the Republic of Panama seeking to pause discovery in their ongoing battle over a $4.8 million arbitral award against him, arguing that Panama failed to follow court rules before filing the motion and that the delay isn't warranted.
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August 23, 2024
Ga. Judge Denies FLSA Settlement Again Over Fee Proposal
A Georgia federal judge has, for the second time, refused to sign off on a settlement that would've ended a suit between a corporate office furnisher and a fired employee, finding the plaintiff's counsel's proposed hourly rate for attorney fees "far exceeds" reasonableness.
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August 23, 2024
Insurer Scores Coverage Win Over Retaining Wall Failure
A contractor's insurer has no duty to help cover a $2.66 million settlement over the contractor's faulty construction of retaining walls, a Washington federal court ruled, finding an "impaired property" exclusion applicable.
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August 23, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Google sue several Russian media outlets in response to challenges to the tech giant's response to international sanctions, easyGroup bring an intellectual property claim against delivery company Easycargo, and e-money business Nyavo challenge action by the Financial Conduct Authority.
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August 23, 2024
Cape Cod Bookkeeper To Cop To $1.3M Embezzlement
The longtime bookkeeper of a Cape Cod flooring business has agreed to plead guilty to embezzling more than $1.3 million from the company, Massachusetts federal prosecutors announced.
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August 22, 2024
Construction Co. Says It's Owed Coverage For Sinkhole Claim
A Washington construction company has filed a suit seeking to force an insurer to cover potential damages in an underlying lawsuit alleging the company botched a sewer pipeline replacement project, causing a sinkhole to open up along a Seattle ship canal after the job ended.
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August 22, 2024
Philly Contractor Gets Probation For Taking Union Money
A Philadelphia contractor who accepted union money embezzled by John Dougherty, former business manager of the International Brotherhood of Electrical Workers Local 98, to renovate the labor leader's personal properties was sentenced to three years of probation Thursday.
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August 22, 2024
Telephone Cos. Want In On Tribal Broadband Grant Row
The two Alaskan telecoms that received the U.S. Department of Agriculture grants now at the center of a suit from local tribes say they want in on the litigation, telling an Alaska federal judge that they should get a chance to defend their grants alongside the USDA as intervenors.
Expert Analysis
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A Look Ahead For The Electric Vehicle Charging Industry
This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Reducing The Risk Of PFAS False Advertising Class Actions
A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.
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Challenges Remain In Financing Energy Transition Minerals
COP28, the latest U.N. climate conference, reached a consensus on a just and equitable transition from fossil fuels to renewable energy, but more action and funding will be needed to ensure that developed countries responsibly source the minerals that will be critical for this process, say attorneys at Watson Farley.
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Assessing The Future Of Colorado's Economic Loss Rule
The Colorado Supreme Court's decision to review a state appellate court's ruling in Mid-Century Insurance Co. v. HIVE Construction will significantly influence the future of Colorado's economic loss rule, with high stakes for the cost of doing business in the state, says David Holman at Crisham & Holman.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Opinion
New La. Gas Pipeline Projects Must Respect Rules And Rights
As pipeline developers rush to join in Louisiana's Haynesville Shale gas boom, established operators like Energy Transfer are justified in demanding that newer entrants respect safety rules, regulatory requirements and property rights when proposing routes that would cross existing pipelines, says Joshua Campbell at Campbell Law.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Preparing For A New Wave Of Litigation Under Silicosis Rules
After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.
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Bid Protest Spotlight: Standing And A Golden Rule
In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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High Court Case Could Reshape Local Development Fees
If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.