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Construction
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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.
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May 15, 2024
High Court Urged To Take Up Hospital Construction Feud
A pair of arbitration scholars are urging the U.S. Supreme Court to finally resolve whether parties that agree to certain arbitral rules have also agreed to delegate jurisdictional questions to the arbitrator, in a case that centers on a $180 million project to expand a Mississippi childrens' hospital.
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May 15, 2024
House Panel Weighs Baltimore Bridge Rebuilding Costs
Rebuilding Baltimore's Francis Scott Key Bridge may cost up to $1.9 billion and take at least four years, as accident investigators continue to examine how a cargo ship slammed into the bridge in March and knocked it down, officials told a House panel Wednesday.
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May 15, 2024
Wage Damages Update Isn't Retroactive, NJ Justices Say
The New Jersey Supreme Court on Wednesday held an amendment to the state's wage laws adding liquidated damages and extending the statute of limitations should only be applied to conduct that occurred after its effective date, backing the dismissal of some claims brought by laborers alleging unpaid pre- and post-shift work.
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May 15, 2024
Split Fed. Circ. Decision Restores Thai Pipe Duties
A split Federal Circuit panel flipped a trade court ruling Wednesday to affirm that pipes imported from Thailand that are approved for both "standard" plumbing and oil and gas uses are subject to a longstanding duty order covering standard pipes.
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May 15, 2024
4th Circ. Revives Landowners' $523K Win Against Pipeline Co.
A Fourth Circuit panel has instructed a Virginia federal court to reinstate a more than $523,000 jury award for the condemnation of easements across a family's property by Mountain Valley Pipeline, holding the verdict can be supported by credited testimony.
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May 15, 2024
DC Judge Urged To Halt Offshore Wind Project Construction
Advocacy groups and a cohort of Rhode Island residents want a D.C. federal judge to halt construction on a wind farm off the coast of the Ocean State while they press claims that the federal government violated myriad environmental laws in approving the project.
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May 14, 2024
Effect Of New China Duties Hinges On Allies' Response
The effectiveness of new tariffs, announced Tuesday, on Chinese products including electric vehicles, semiconductors and solar cells to protect domestic industries may be determined more by the international community's response than the trade remedies themselves.
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May 14, 2024
5 Takeaways From FERC's Grid Planning Policy Overhaul
The Federal Energy Regulatory Commission's sweeping revision of its regional transmission planning policies will completely transform how U.S. grid projects are planned and paid for, but the agency's muscular approach will invite plenty of compliance and legal challenges. Here are five key takeaways from the rule finalized by FERC on Monday.
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May 14, 2024
Feds Dodge Salt Lake City's Suit Over $1B Gondola Plan
A Utah federal judge on Tuesday dismissed the federal government from a Salt Lake City lawsuit challenging federal approvals of a $1 billion plan to address traffic congestion by building the world's longest gondola.
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May 14, 2024
Int'l Trade Commission Confirms Asia Is Dumping Steel Shelves
The U.S. International Trade Commission unanimously voted Tuesday that boltless steel shelves from Malaysia, Taiwan, Thailand and Vietnam are hurting the domestic industry by being sold in the U.S. at unfairly low prices.
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May 14, 2024
Biden More Than Doubles Tariffs On Chinese EVs, Solar Cells
The U.S. will more than double tariffs on a range of Chinese goods, including electric vehicles and their batteries, steel, semiconductors and solar cells, in response to allegedly unfair trade practices and overproduction, the White House announced Monday.
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May 13, 2024
Wall Fraud Conviction Affirmed Despite Juror-Prosecutor Tie
The Second Circuit on Monday affirmed the conviction of a Colorado man found to have siphoned online donations meant to fund a Southern border wall, saying the fact that a federal prosecutor had mentored a juror's daughter didn't warrant vacating the conviction.
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May 13, 2024
Trade Court Judge Objects To Nippon's New Duty Arguments
Nippon Steel Corp. struggled Friday to convince the U.S. Court of International Trade that national security tariffs should not have factored into its anti-dumping duty rate, as Judge Stephen Vaden criticizing its counsel for introducing new arguments in court.
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May 13, 2024
Construction Co. Says Guatemala Can't Exit $31M Award Suit
A construction and engineering firm has asked a D.C. federal court not to toss its litigation to enforce $31 million in arbitral awards against Guatemala that arose from unpaid public works contracts, saying local courts already denied the country's claim the awards violate domestic law.
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May 13, 2024
Judge Invokes Barney As Shower Co. Seems Stuck On Purple
A shower building material maker that suffered a $5.5 million trademark loss over its use of the color purple and eventually settled the suit is likely violating that settlement, an Illinois federal judge said Monday, though he held off formally ruling so the parties could work out the issue.
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May 13, 2024
FERC Powers Up Major Rewrite Of Grid Planning Policy
The Federal Energy Regulatory Commission on Monday finalized a long-awaited overhaul of how major electric transmission projects are planned and paid for, with the agency's Republican commissioner claiming his Democratic colleagues are unlawfully favoring clean energy at the expense of state electricity authority.
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May 13, 2024
Texas, Mo. Say Border Contractors Lack Interests To Defend
Texas and Missouri have slammed contractors' attempts to defend the Biden administration's plans to use border wall construction funds to remediate existing barriers, telling a Texas federal court that the group lacks a direct interest in the case's outcome.
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May 13, 2024
Fla. Law Firms Get Settlement Share Dispute Revived
Two Florida law firms may have another shot at collecting some of the settlement proceeds in a former client's construction dispute after a Florida state appeals court reversed a lower court's dismissal of the firms' claims for improper venue.
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May 13, 2024
'Prolific' Asbestos Injury Firm Accused Of Fraud, Racketeering
A "prolific" Illinois-based asbestos litigation law firm allegedly engaged in a yearslong scheme involving perjured testimony, suppressed evidence and baseless claims to extract as much money from as many companies as possible, according to one of the companies repeatedly targeted by the firm.
Expert Analysis
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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The 3 E's Of Limiting Injury Liability For Worker Misconduct
The Fifth Circuit’s recent ruling in TNT Crane & Rigging v. Occupational Safety and Health Review Commission lays out key safety practices — establish, educate and enforce — that not only can help protect workers, but also shield companies from workplace injury liability in situations when an employee ignores or intentionally breaks the rules, says Andrew Alvarado at Dickinson Wright.
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Contract Disputes Recap: Avoid Pleading Errors' Harsh Effects
Zachary Jacobson and Stephanie Magnell at Seyfarth examine three recent cases that illustrate the severe consequences different pleading errors may have on a government contractor's ability to pursue a contract dispute, sometimes forever precluding relief regardless of the merits of a claim.
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What Wis. High Court Ruling Means For Coverage Analysis
Overturning insurance law precedent in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recently rejected the use of the economic loss doctrine and integrated systems analysis in commercial general liability cases, but a strongly worded concurrence could indicate that the court's opinion may have limited persuasive reach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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How To Create A California-Compliant Piece-Rate Pay Policy
Piece-rate compensation can encourage worker efficiency and productivity, but California has special rules for employers that use this type of pay plan, so careful execution and clear communication with employees is essential for maintaining compliance, says Ashley Paynter at Riley Safer.
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Series
ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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What New EPA Enforcement Initiatives Mean For Industry
With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.
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Bat's Newly Endangered Status Likely To Slow Development
A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Opinion
Laws Based On Rapid Drug Tests Are Unscientific And Unfair
Given the widespread legalization of marijuana, states are increasingly implementing laws to penalize drivers under the influence of drugs, but the laws do more harm than good as the rapid tests they rely on do not accurately measure impairment, say Josh Bloom and Henry Miller at the American Council on Science and Health.
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Self-Disclosure Lessons From Exemplary Corp. Resolutions
With scant examples of corporate resolutions in the wake of U.S. Department of Justice self-disclosure policy changes last fall, companies may glean helpful insights from three recent declination letters, as well as other governmental self-reporting regimes, say Lindsey Collins and Kate Rumsey at Sheppard Mullin.
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The Heat Is On For Calif. Employers Under New OSHA Rules
California's Occupational Safety and Health Administration recently proposed rules would require significant efforts from employers in order to create heat safety protections for indoor workers — so they should take initiative now to get in compliance and ensure a safe and cool working environment, says Eric Fox at Quarles & Brady.
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Offshore Wind Auction Results Portend Difficulties In Gulf
Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.