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Construction
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August 02, 2024
Cognizant Bribery Trial Delayed Again — Until 2025
Trial in a five-year-old case alleging two former Cognizant executives authorized a bribe to a government official in India has been delayed again, this time by six months, so prosecutors can complete necessary depositions in that country, according to a federal court order handed down Friday.
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August 02, 2024
Tribes Seek Commission's Help On Canada Mining Policy
A consortium of southeast Alaska tribes is urging the Inter-American Commission on Human Rights to call on Canada and British Columbia to formally consult and obtain their "free, prior and informed consent" ahead of looming permitting decisions for the Eskay Creek gold mine.
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August 02, 2024
Taxation With Representation: Sullivan, Dechert, Kirkland
In this week's Taxation With Representation, BNP Parabis SA acquires an investment management subsidiary for €5.1 billion, Cleveland accounting firm CBIZ merges with competitor Marcum for $2.3 billion, and Arcosa Inc. inks a deal with a family-owned construction materials business for $1.2 billion.
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August 02, 2024
Trade Court Backs Feds' Renewed Duties On Australian Steel
The U.S. Court of International Trade upheld the U.S. International Trade Commission's decision to renew antidumping tariffs on Australian steel, agreeing with its choice to assess the economic effects of Australian steel in combination with six countries' imports.
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August 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.
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August 01, 2024
Monsanto Wants Wash. Justices To Deny PCB Tort Petition
Monsanto Co. has urged Washington state's highest court to deny three schoolteachers' request for review of a recent appellate court decision overturning their $185 million win in a chemical poisoning trial, saying the plaintiffs haven't met their burden to show the case warrants the justices' attention.
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August 01, 2024
Ex-Philly Union Leaders On The Hook For Union's Legal Fees
Former Philadelphia union leader and convicted felon John "Johnny Doc" Dougherty will have to pay 90% of the attorney fees that the International Brotherhood of Electrical Workers Local 98 incurred while participating in the government's public corruption and embezzlement cases against him, a federal judge said Thursday.
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August 01, 2024
Kirkland & Ellis Guides Arcosa On $1.2B Stavola Buy
Texas infrastructure products company Arcosa Inc., advised by Kirkland & Ellis LLP, has agreed to buy the family-owned construction materials business of Stavola Holding Corp. for $1.2 billion, moving forward in its "long-term vision" that includes increasing its aggregates presence across the U.S., Arcosa announced Thursday.
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August 01, 2024
Cos., Military Housing Lender Seek Early Wins In Loans Suit
Developers of military housing and a lender for such housing filed dueling summary judgment motions in New York federal court Wednesday, each seeking a quick win in a suit accusing the lender and others of defrauding the developers of hundreds of millions of dollars in project proceeds.
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August 01, 2024
NJ Justices Say Bridge Commission Can Mandate Union Deals
The compact that created the bistate Delaware River Joint Toll Bridge Commission gave the commission the authority to require contractors to use project labor agreements in a publicly bid construction project, the New Jersey Supreme Court ruled Thursday.
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August 01, 2024
Groups Say DC Circ.'s Toss Of FERC OK Boosts Their Case
Conservation groups and the city of Port Isabel, Texas, told the D.C. Circuit that its recent decision to vacate the Federal Energy Regulatory Commission's approval of a Northeast pipeline expansion supports their challenge of the commission's decision to approve two Texas liquefied natural gas facilities.
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August 01, 2024
Brookfield Buys Thermal Management Biz In $1.7B Deal
nVent, a London-based electrical connection and protection solutions provider advised by Foley & Lardner, announced Thursday it has agreed to sell its thermal management segment to funds run by private equity shop Brookfield Asset Management, represented by Simpson Thacher, for $1.7 billion in cash.
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August 01, 2024
Turf Co.'s Injunction Bid Is Too Vague, Ga. Judge Rules
A Georgia federal judge rejected a major artificial turf manufacturer's attempt to stop a rival turf company from using files allegedly stolen by one of its former executives before he jumped ship, saying the requested injunction was too vague and only sought to force the company to follow existing law.
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August 01, 2024
3rd Circ. Says Enviro Fight No Reason To Reopen Ch. 11
The Third Circuit ruled Thursday that Bath Iron Works' potential liability over a polluted New Jersey river doesn't affect the Chapter 11 case of the shipbuilder's former affiliate, backing a district court that decided a bankruptcy judge erred in reopening the case.
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August 01, 2024
Senate Energy Panel Advances Permitting Overhaul Bill
The Senate Committee on Energy and Natural Resources advanced bipartisan legislation aimed at expanding and speeding up the permitting process for fossil fuel, renewable energy and transmission projects.
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July 31, 2024
Top California Real Estate News In 2024 So Far
Catch up on the hottest real estate news out of California so far this year, from homeless policy shifts and rent algorithm disputes to a $5 billion mixed-use project and a shareholder activist campaign.
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July 31, 2024
DOL's Debarment Of Contractor Over Wages Fight Is Upheld
A decision from the U.S. Department of Labor's Administrative Review Board to debar a painting contractor in Minnesota is sustained, a federal judge ruled, saying the company didn't show how the agency abused its discretion with its order over allegedly unpaid prevailing wages.
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July 31, 2024
Pipeline Cos. Can Join FERC Approval Fight
Companies behind a liquefied natural gas facility in Sonora, Mexico, and the Saguaro Connector Pipeline that will help serve it can weigh in on a challenge of Federal Energy Regulatory Commission approvals for the pipeline, the D.C. Circuit said Wednesday.
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July 31, 2024
Historical Association Backs Tribes In SunZia Power Line Row
The National Association of Tribal Historic Preservation Officers is asking the Ninth Circuit to intervene in a challenge by a coalition of Native American tribes and environmentalists seeking to block SunZia Transmission from routing a 520-mile power line through important cultural and historical sites in the San Pedro Valley.
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July 31, 2024
Metal Recycler Loses Contract Fight With Shredder Co.
The Fourth Circuit on Wednesday ruled against a North Carolina metal recycler in its bid to hold a heavy-equipment maker liable for backing out of a deal to sell a shredder, with the court reasoning that the recycler never signed paperwork to solidify the deal.
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July 31, 2024
Rising Star: Kirkland's James Clark
James Clark of Kirkland & Ellis LLP has for years worked on one of the world's largest development and infrastructure projects — a Herculean undertaking in Saudi Arabia — and in the process has earned a spot among the construction law practitioners under age 40 honored by Law360 as Rising Stars.
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July 30, 2024
Georgia Fends Off Massive Port Project Claim
An international tribunal has rejected a multinational consortium's claim against the Georgian government for nixing a contract to construct a deep-water port on the eastern shore of the Black Sea.
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July 30, 2024
Texas Appeals Court Says $10M Verdict For Railcar Co. Stands
A Texas appeals court said that Trinity Industries Leasing Co. is entitled to the full $10.6 million verdict that a jury previously awarded the company, finding Monday that corrosion on a railcar by itself didn't trigger limitations on Trinity's breach claim.
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July 30, 2024
Fla. County Board OKs Funding For $1.3B MLB Stadium
A Florida county's commissioners on Tuesday approved $312.5 million in funding to go toward a new, $1.3 billion stadium for MLB's Tampa Bay Rays team.
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July 30, 2024
Ex-Allied World Insurance Exec. Admits To $1.5M Fraud
A former Allied World Insurance Co. executive pleaded guilty Tuesday to running a scheme that tricked the company into paying nearly $1.5 million for phony construction work and collecting undisclosed kickbacks from its vendors.
Expert Analysis
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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Contract Disputes Recap: The Terms Matter
Stephanie Magnell and Zachary Jacobson at Seyfarth examine recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, which offer reminders about the importance of including contract terms to address the unexpected circumstances that may interfere with performance.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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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.