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Construction
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May 06, 2024
Feds' Emissions Subsidy Args Lack Specificity, Says Judge
The U.S. Court of International Trade affirmed the government's analysis on two of three criteria required to label South Korea's emissions credit system a countervailable subsidy, but it said the U.S. Department of Commerce came up short on specificity.
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May 06, 2024
Home Builder Beats NC Trade Secrets Suit
The North Carolina's business court scrapped an interior designer's claims that a competitor stole cabinetry designs and customer information when it hired a former employee, sparing only an accusation that the ex-worker embezzled money.
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May 06, 2024
Judge Questions Reason For Removing Chem Co. Wage Class
A Pennsylvania federal judge joined chemical company workers Monday in questioning whether the company had plausibly alleged that there were enough people in a proposed class to remove their wage suit from state court.
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May 06, 2024
Claims Court Won't Toss Dispute Over Army Corps Work Redo
A Court of Federal Claims judge on Monday refused to dismiss a lawsuit alleging the Army Corps of Engineers wrongly required a building construction contractor to redo its work, ruling the suit was not barred by a related previous case.
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May 06, 2024
Catching Up With Delaware's Chancery Court
A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.
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May 06, 2024
Feds Agree To Terminate Pipeline's Right-Of-Way Permit
A New York federal judge has paused litigation between the Tonawanda Seneca Nation and the U.S. Fish and Wildlife Service for 75 days while the agency terminates a right-of-way permit for a wastewater pipeline, saying it is "in the interest of judicial economy" and recognizing the tribe's concerns.
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May 06, 2024
Clifford Chance Continues 2024 Growth In New York, Houston
Clifford Chance continued its recent aggressive expansion by growing its Houston and New York offices with two attorneys specializing in energy, taxation and mergers and acquisitions, bringing the firm's lateral hires up to 10 attorneys in 2024.
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May 03, 2024
Real Estate Authority: Dirty Money, Forever Chems, Housing
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's developments by state — as well as on the illicit billions tucked away in commercial real estate, attorney takeaways from new "forever chemical" designations, and one foreign investor's bet on U.S. housing.
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May 03, 2024
Greenberg Traurig No Longer Repping Guatemala In $32M Suit
Guatemala's newly elected government has decided not to have Greenberg Traurig as its counsel in its fight against a construction and engineering firm's bid to enforce $31 million in arbitral awards, according to a Friday filing in a D.C. federal court.
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May 03, 2024
EU OKs Nippon-US Steel Deal As DOJ Causes Delayed Close
The European Commission on Friday indicated via an annotation on its merger review page that it has given Nippon Steel's controversial $14.9 billion acquisition of U.S. Steel its unconditional approval, a move that comes just a day after the parties announced the deal would be delayed due to further scrutiny from the U.S. Department of Justice.
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May 03, 2024
Colo. Jury Hits Berkshire Unit With $7M Monopoly Verdict
A Colorado federal jury on Friday awarded the rival of a Berkshire Hathaway-owned construction supplier $6.7 million for the larger company's monopolistic practices, hours after a judge scolded the Berkshire company's lawyer because he "crossed a line" during closings.
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May 03, 2024
Berkshire Hathaway Countersuit Tossed From Contractor Spat
A California federal judge tossed Berkshire Hathaway's counterclaims in a $17 million coverage dispute with a fiber optic network developer over an unfinished project, ruling that the insurer failed to meet heightened standards after claiming the developer conspired to prevent the contractor from performing its work.
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May 03, 2024
Debevoise, Davis Polk Guide Windstream, Uniti Merger
Uniti Group Inc., advised by Davis Polk & Wardwell LLP, on Friday unveiled plans to merge with Debevoise & Plimpton LLP-led telephone service company Windstream Holdings II LLC in a deal that includes a $425 million cash component, $575 million in preferred equity and a minority share in common equity of the combined company.
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May 03, 2024
Ohio Statehouse Catch-Up: Trans, Abortion Laws Face Battles
Ohio lawmakers have shepherded controversial bills impacting healthcare, social media and other matters into law in recent months, prompting lawsuits and even a veto from Gov. Mike DeWine.
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May 02, 2024
DOJ Wants More Info On Controversial US Steel-Nippon Deal
U.S. Steel revealed Thursday it has received a second request for information from the U.S. Department of Justice about its controversial plan to be sold to Japan's Nippon Steel Corp., but it said the deal is on track to be completed in the second half of this year.
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May 02, 2024
Haaland Faces Senate Heat Over Interior Dept.'s Land Policies
U.S. Secretary of Interior Deb Haaland on Tuesday defended her agency's commitment to fostering energy development on public lands as U.S. senators criticized her agency over issues ranging from new rules to the pace of energy leasing and project permitting.
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May 02, 2024
Biden Announces $3B To Fund Lead Pipe Replacement
The Biden administration is distributing $3 billion to states so they can replace lead water pipes that pose a health risk to those who rely on them for drinking water, as part of the larger goal to remove all lead service lines nationwide.
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May 02, 2024
Green Groups Want FEMA To Define 'Resiliency'
Environmental advocacy and consumer groups sued the Federal Emergency Management Agency in D.C. federal court Thursday, alleging the agency is way past its deadline to initiate rulemaking to define "resilient."
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May 02, 2024
Dem Sens. Urge Biden To Keep Or Hike China Steel Tariffs
A coalition of Democratic U.S. senators has urged the Biden administration to keep or raise tariffs on Chinese steel, saying China has been manipulating steel prices and lowering the tariffs would be harmful to the U.S. industry.
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May 02, 2024
11th Circ. Lets Georgia Island Dock Lawsuit Proceed
A Georgia conservation group can resume its challenge to federal approval of a private pier on Cumberland Island after a divided Eleventh Circuit panel said regulators could conduct a more rigorous environmental review even though the dock was already built.
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May 02, 2024
Door Maker Asks To Undo Landmark Divestiture Order
Door maker Jeld-Wen has asked a Virginia federal court to dismiss an order in a private merger challenge requiring it to sell a manufacturing plant, saying the landscape has changed since the landmark 2018 ruling.
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May 02, 2024
Eckert Seamans Sues For Inclusive Zoning Fight Fees
Eckert Seamans Cherin & Mellott says a group representing Pittsburgh-area developers still owes nearly $76,000 in legal fees for the firm's work on a federal suit challenging an "inclusive zoning" ordinance, according to a complaint filed in Pennsylvania state court Thursday.
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May 02, 2024
New DC Stadium A Step Closer With RFK Demolition Approved
RFK Stadium in Washington, D.C., has been cleared for demolition by the National Park Service, another step forward in the city's attempt to build a new stadium to lure back the NFL's Washington Commanders.
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May 02, 2024
5th Circ. Asks If Facts Matter In Construction Defect Row
A Fifth Circuit panel weighed the importance of facts versus the law in a dispute over whether an insurer must indemnify a construction company for a $1.3 million arbitration award for construction defects in a Texas farming cooperative's grain silos.
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May 01, 2024
Bipartisan Reps. Introduce Bill To Trace Battery Supply Chains
Environmental advocacy groups including the Sierra Club, Earthworks and SAFE have thrown their support behind a new bill to promote traceability in battery supply chains, a measure aimed at weeding bad labor and environmental practices out of the supply chain.
Expert Analysis
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California's Offshore Turbine Plans Face Stiff Headwinds
To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Rebuilding The Construction Industry With AI
Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Mass. Bill May Alter Deals Involving Both Goods And Services
Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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EB-5 Investment Period Clarification Raises More Questions
U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.
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A Look At Competition Enforcers' 2026 World Cup Game Plan
Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.