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Construction
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July 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.
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July 11, 2024
Calif. Tribe Seeks $8.2M For Cultural Site Destruction
The Quechan Indian Tribe is asking a California federal judge to award it $8.2 million after the court found that a federal government construction project to replace poles for 9 miles of transmission lines damaged 10 cultural and sacred archaeological sites on the tribe's reservation.
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July 11, 2024
$1M Fine 'Substantial' In Wash. Dam Settlement, Judge Says
A Washington federal judge, over objections from tribes and environmental groups, is allowing the government to enter into a proposed consent decree that would settle Clean Water Act violations, saying a $1 million fine against dam operator Electron Hydro is substantial.
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July 11, 2024
Pa. Condo Owner Group Takes Inner-Tower Conflict To Court
The residents association of a downtown Pittsburgh condo building sued the building's commercial association in state court, alleging they have been improperly denied access to commercial sections of the building needed to complete HVAC repair work.
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July 11, 2024
Trade Court Backs Nonevasion Finding For Aluminum Tariffs
The U.S. Court of International Trade blessed U.S. Customs and Border Protection's remand determination that aluminum extrusion importers weren't evading tariffs, saying CBP explained it couldn't maintain its original evasion finding after reviewing data it had initially disregarded.
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July 11, 2024
'Bridgegate' Defense Offers Road Map For NJ RICO Case
Counsel for the powerful New Jersey mogul and Democratic operatives facing explosive racketeering charges are likely to justify their actions as just business, experts told Law360, describing defense tactics similar to the ones that absolved defendants in "Bridgegate," New Jersey's most notorious politics-fueled crime in recent history.
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July 11, 2024
Ex-Union Leader Gets 6 Years For Bribery, Embezzlement
John "Johnny Doc" Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, was sentenced Thursday to six years in prison after being convicted of bribing a city councilman and stealing over $500,000 from the union.
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July 11, 2024
3rd Circ. Backs Toss Of $427K Arbitration Liability Award
The Third Circuit upheld a lower court's nix of an arbitration award of more than $427,000 against a painting company over a union pension fund's withdrawal liability claims, determining Thursday that the fund waited too long to request payment under federal benefits law.
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July 11, 2024
Engineering Co. Seeks Coverage Of Deal In $80M Suit
An engineering and design firm said its insurer must reimburse it for a settlement reached in an $80 million unfair business practice lawsuit, telling a Nebraska federal court the insurer wrongfully denied coverage, forcing the firm to defend itself.
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July 10, 2024
Mich. County Fights To Keep $217M Edenville Dam Repair Tax
Homeowners attacking a localized tax to fund the reconstruction of four dams have already had a chance to contest the assessment and shouldn't get a second one, a Michigan county told a federal judge Tuesday.
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July 10, 2024
Pa. Developer's Heirs, Foundation Can't Appeal Fee Denial
The Supreme Court of Pennsylvania won't take up a fee dispute stemming from a disagreement over the control of a foundation established by Pittsburgh developer Jack Buncher.
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July 10, 2024
Wash. Condo Assoc. Wants Allstate To Cover $9.7M In Repairs
A Washington condominium association is suing Allstate Insurance Co. in federal court, saying it broke their coverage agreement by refusing to cover $9.7 million in repairs for "hidden damage" to the buildings' exteriors.
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July 10, 2024
DOI Pledges $120M For Tribal Climate Resiliency Efforts
The Biden administration said Tuesday that it's making $120 million available to help Native American tribes plan and prepare for climate change threats.
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July 10, 2024
Prove Steel Is North American Or Pay Levy, White House Says
Importers bringing steel and aluminum goods from Mexico must prove that the metals were forged in North America or face national security tariffs starting Wednesday, as part of the Biden administration's effort to counter Chinese goods rerouted through Mexico to avoid duties.
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July 09, 2024
Indicted Ex-Conn. Official Drops Greece Vacation Plan
Ex-Connecticut budget official Konstantinos "Kosta" Diamantis on Tuesday dropped his request for a federal judge's permission to travel to Greece while he is under indictment, withdrawing his motion one day after prosecutors objected.
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July 09, 2024
CIT Finds Labor Issues Don't Justify Penalty Evasion Ruling
The U.S. Court of International Trade backed U.S. Customs and Border Protection's decision not to penalize an importer that allegedly threatened workers against speaking with officials investigating potential duty evasion, saying the purported misconduct hadn't hampered the probe.
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July 09, 2024
No Conflict For Ballard Spahr In Ex-Union Leader's Bribe Case
A Pennsylvania federal judge on Tuesday rejected a claim by former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty that his Ballard Spahr LLP defense team marred its representation of him in a bribery prosecution because of a conflict of interest with Comcast.
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July 09, 2024
Judge Calls Cost Of DOJ's Assa Abloy Market Study 'Insane'
A D.C. federal judge took the U.S. Department of Justice and its monitoring trustee to task Tuesday for their pursuit of an open-ended look at Assa Abloy's books to check for anticompetitive harms from a 2023 merger, excoriating budget estimates pricing the investigation at a minimum of $1.7 million.
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July 09, 2024
BP Unit Slams 'Farfetched' $300M Franchise Termination Suit
The trio of companies that sued a BP subsidiary for terminating their truck stop franchise agreement have no claim to make, the BP unit has told an Ohio federal court, arguing that by their own admission the companies failed to hold up their end of the agreement at issue.
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July 08, 2024
3rd Circ. Backs Pa. In Transco's Pipeline Permit Review Fight
The Third Circuit on Monday backed the Pennsylvania state environmental board's authority to review pipeline upgrade permits secured by Transcontinental Gas Pipe Line Co., rejecting the company's assertion that under the federal Natural Gas Act a federal court is the only forum to dispute the issuance of the permits.
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July 08, 2024
Assa Abloy Says No Monitor 'Blank Check' After Merger Deal
Assa Abloy on Monday reasserted its bid to rein in a monitoring trustee installed after the company settled a government merger challenge, arguing ahead of a court hearing that the government is aiming to roll back the parties' deal and carry out a more expansive investigation through the monitor.
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July 08, 2024
Philly Charter School Exec Sentenced To 1½ Years In Prison
Shahied Dawan, a former nonprofit executive for a Philadelphia charter school and low-income housing nonprofit founded by R&B producer Kenny Gamble, was sentenced to 18 months in prison Monday for conspiring to conceal embezzlement from the organization.
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July 08, 2024
Pro-Trade Policies Outpace Barriers Amid Strains, WTO Says
Countries are moving to open themselves up to increased trade, even as armed conflicts, tense geopolitics and the effects of climate change continue to destabilize supply chains, the World Trade Organization said in a report released Monday.
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July 08, 2024
11th Circ. Revives Fla. Worker's Retaliation Claim
The Eleventh Circuit partially revived a retaliation suit brought by a Florida construction worker who claims he was harassed for being Cuban and unable to speak English and threatened and assaulted after reporting the behavior, before being fired by a company that said it found him sleeping on the job.
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July 08, 2024
PAGA Reforms Mark New Era In Calif. Labor Law, Attys Say
Recently enacted reforms to California's Private Attorneys General Act will likely curb the recent surge in multimillion-dollar PAGA settlements and help employers "stop the bleeding," legal experts told Law360, but the amendments are also likely to spur further litigation over newly created ambiguities in the novel Golden State statute.
Expert Analysis
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'Brownfields' Definition Key To Energy Community Tax Credits
As the IRS rolls out guidance for claiming community energy tax credits under the Inflation Reduction Act, a review of the long-standing statutory definition of "brownfields" reveals that it continues to serve the goal of creating opportunities for investment in abandoned properties, says Louise Dyble at Sheppard Mullin.
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Why Courts Are Nixing Insurer Defense Recoupment Claims
Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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New Texas Funds For Water And Power Projects: Key Points
Two amendments to the Texas Constitution recently approved by the state's voters, implementing public funds for water and energy projects, may incentivize private companies to participate in development of new water and power infrastructure in Texas — and could well serve as a model for similar partnerships elsewhere, say attorneys at O'Melveny.
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DOJ's RealPage Notice Signals Focus On Pricing Algorithms
The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages
Excerpt from Practical Guidance
In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.