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Construction
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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.
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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.
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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.
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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.
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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.
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May 20, 2024
Stanley Black & Decker Nixes $3.8M Factory Equipment Suit
Stanley Black & Decker Inc. has dropped a $3.8 million lawsuit against a supplier that it accused of providing faulty equipment for a factory in Texas that ultimately shut down, according to a filing in Connecticut federal court.
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May 20, 2024
Settlement Ends Insurer's Stormwater Coverage Suit
An H.W. Kaufman Group insurer settled a lawsuit seeking a declaration that it owed no coverage to a home construction company or its owner in an underlying suit accusing the company of performing defective work that led to pooling stormwater, according to a notice filed in Georgia federal court.
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May 20, 2024
Justices Stay Out Of Pipeline Land Fight With FERC
The U.S. Supreme Court on Monday refused to review the D.C. Circuit decision dismissing a suit challenging the constitutionality of the Federal Energy Regulatory Commission's eminent domain authority brought by Virginia landowners along the route of the Mountain Valley pipeline.
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May 17, 2024
Real Estate Authority: Loan Doctors, CFIUS, Mixed-Use Boom
Catch up on the week's key developments by state from Law360 Real Estate Authority — including potential conflicts of interest in special servicing, a data center buy stymied by the Committee on Foreign Investment in the United States, and one hospitality pro's prediction for more mixed-use residential and hotel demand.
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May 17, 2024
Insurer Escapes Claim In SimulTV's Tower Work Deal Suit
Development & Managers Group can't go after the insurer of a company that accused it of taking a down payment on the purchase of three DMG-owned television stations and then looking for other potential buyers, a Louisiana federal court has ruled.
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May 17, 2024
Judge Rails At Attys' Failure To Prep For Evasion Case Queries
A U.S. Court of International Trade judge lambasted the government's counsel during oral arguments Friday in a Cambodian pipe company's suit over a tariff evasion probe for failing to answer her questions, even with time to prepare.
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May 17, 2024
DC Circ. Probes Carbon Capture In LNG Approval Challenge
The D.C. Circuit on Friday questioned the Federal Energy Regulatory Commission's decision to reapprove a Texas liquefied natural gas terminal without considering the terminal developer's proposal to add environmentally friendly modifications, amid renewed challenges to the agency's authorization of LNG facilities in the Lone Star State.
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May 17, 2024
New Domestic Content Guidance May Boost Energy Credits
The U.S. Treasury Department's new guidance on bonus tax credits for clean energy projects that source domestic-made materials and components aims to simplify the process for determining eligibility and spur more development to get those extra incentives.
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May 17, 2024
Pot Co. Can Amend Complaint Or Reply To Dismissal Motion
A Michigan federal judge has given a cannabis company three weeks to either amend its complaint against a former business partner or respond to a motion to dismiss its claims that the former business partner sabotaged a project by convincing investors to put their money elsewhere.
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May 17, 2024
Wash. Energy Codes Challenged Again After 9th Circ. Decision
In the wake of a Ninth Circuit ruling that forced Washington officials to revisit regulations on natural gas appliances used in new construction, a group of natural gas companies, homeowners and construction interests are claiming the state's apparent fix is again out of step with federal law.
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May 17, 2024
Trade Commission Affirms Harm From Indian Steel Cylinder
The U.S. International Trade Commission has determined that nonrefillable steel cylinders imported into the U.S. from India have harmed U.S. producers through unfair prices and government-backed subsidies, allowing the U.S. Department of Commerce to place anti-dumping and countervailing duties on the goods.
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May 16, 2024
No Double Jeopardy In Philly Execs' Embezzlement Case
Two former Philadelphia nonprofit executives convicted for an embezzlement scheme weren't subject to double jeopardy when a judge rescheduled trial after several jurors left, the Third Circuit ruled Thursday, reasoning that the court had no other choice.
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May 16, 2024
DC Circ. Mulls Rolling Back Pipeline Safety Regs Over Cost
The industry group challenging a handful of pipeline safety standards told a D.C. Circuit panel on Thursday that there will be "no fight" between it and the government on one of the regulations if the court simply rules that two terms that the agency maintains have the same definition do mean the same thing.
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May 16, 2024
'Christian' Co. Scammed WWII Vet Out Of $300K, Feds Say
Five members of an Alabama-based self-described Christian company were indicted on conspiracy and fraud charges stemming from a scheme in which they allegedly took at least $300,000 from a World War II veteran after telling him the money would pay for a vocational school.
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May 16, 2024
Trade Court OKs Commerce's Cambodian Mattress Duties
The U.S. Court of International Trade on Thursday blessed the U.S. Department of Commerce's revised anti-dumping duty calculations for Cambodia-origin mattresses, saying Commerce provided better explanations a second time around including for why it used an Indian company's financial statements.
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May 16, 2024
Exxon Pipeline In Dallas At Risk Over Excavation Co. Dumping
ExxonMobil and a commercial excavation company have agreed to a temporary injunction that would prevent the company from dumping cement slabs and other debris on land over a key Exxon fuel pipeline that runs under Dallas, with a state judge on Thursday indicating she would sign off on the proposal.
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May 16, 2024
La. River Project Would Damage Swamp, Green Groups Say
A U.S. Army Corps of Engineers-approved project meant to increase river flow through an important Louisiana basin will ruin the area with fertilizer and sediment, environmental groups said in a new lawsuit filed Wednesday.
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May 16, 2024
Ex-Connecticut Budget Official Denies 22 Corruption Charges
A former Connecticut state budget official and beleaguered attorney who oversaw millions in state school construction funds pled not guilty on Thursday to a host of corruption charges, including that he coerced contractors into paying him kickbacks.
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May 16, 2024
Treasury Provides Extra Relief For Bonus Energy Tax Credits
The U.S. Treasury Department provided additional safe harbors Thursday that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing their steel and aluminum parts in response to the Biden administration's new trade restrictions on solar products from China.
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May 15, 2024
Hedge Fund Says Deal With Colo. Developer Lacked Details
A Colorado-based hedge fund owner and the former president of one of his entities have urged a Colorado state court to permanently toss a suit related to a Denver commercial housing project, arguing that they can't be accused of violating the project's term sheet due to its vagueness.
Expert Analysis
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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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.