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Construction
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January 30, 2025
Gov't Urges High Court To OK 2nd 'Buffalo Billion' Trial
The federal government asked the U.S. Supreme Court to clear the way for a second trial in a public corruption case tied to former New York Gov. Andrew Cuomo's "Buffalo Billion" development initiative, saying prosecutors should be allowed to pursue charges under a different theory after the justices undid the original convictions.
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January 29, 2025
Ga. Judge Cuts Atty Fees In Home Depot Class Settlement
A Georgia federal judge has granted final approval to a settlement between Home Depot Corp., Reliance Worldwide Corp. and a class suing over allegedly faulty water heater connector hoses but awarded class counsel $1.9 million in fees instead of the $2.1 million initially requested.
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January 29, 2025
Construction Group Of The Year: Nossaman
Nossaman LLP's work on major projects like the $4.9 billion automated people mover system in Los Angeles International Airport and the $600 million modernization of Interstate 75 in Michigan scored the firm a spot among the 2024 Law360 Construction Groups of the Year.
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January 29, 2025
Tribal Leaders Call Funding Freeze A 'Step In Wrong Direction'
Native American nonprofit groups and tribal leaders are weighing the effects of the Trump administration's possible federal funding freeze, calling the president's directive, which was revoked on Wednesday, shocking and vowing to bring legal action if necessary to protect Indian Country and the nation's Indigenous citizens.
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January 29, 2025
Ex-Allied World Executive Gets Prison, Must Repay $1.2M
A former executive and claims handler at Allied World Insurance Co. will serve 20 months in prison and must repay $1.2 million he admitted to scamming from the company for phony construction work and kickbacks from vendors, federal prosecutors in Connecticut announced Tuesday.
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January 28, 2025
FCC Scraps Reg Plan For Cell Tower Enviro Reviews
The Federal Communications Commission's new Republican chief said Tuesday the agency was dropping a plan launched during the Biden administration to more rigorously vet cell tower building projects for environmental impacts.
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January 28, 2025
SoCal Edison Faces More Suits Over Eaton Blaze
At least two more lawsuits were filed in California state court against Southern California Edison, alleging the investor-owned public utility is responsible for sparking the devastating Eaton Fire that began Jan. 7 and destroyed most of Altadena, California, killing at least 17 people.
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January 28, 2025
Union Worker Entitled To Higher Pension Benefits, Judge Says
A plumbing union pension plan violated federal benefits law when it refused to increase a worker's monthly payments because he opted to retire late, a Minnesota federal judge ruled, finding the plan's terms didn't prevent him from receiving a bump.
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January 28, 2025
Nestle Plant Can Switch Power Providers, Ga. Justices Rule
The Supreme Court of Georgia ruled Tuesday that Nestle should have been allowed to switch electricity providers from Georgia Power to Walton EMC after renovating a former warehouse facility in Hartwell, Georgia.
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January 28, 2025
Biz Groups Seek To Defend Embattled DOT Diversity Program
Women- and minority-owned businesses and advocacy groups asked a Kentucky federal judge to let them intervene against litigation aimed at ending the U.S. Department of Transportation's Disadvantaged Business Enterprise program, saying the government is unlikely to defend it with President Donald Trump in office.
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January 28, 2025
Beacon Roofing Nails Poison Pill To $11B Hostile Takeover Bid
Beacon Roofing Supply Inc. adopted a poison pill strategy on Tuesday, designed to thwart the $11 billion hostile takeover bid launched by tech and software company QXO Inc. the previous day.
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January 28, 2025
Senate Confirms Sean Duffy As DOT Secretary
The U.S. Senate on Tuesday confirmed former Wisconsin congressman Sean Duffy to be secretary of the U.S. Department of Transportation.
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January 28, 2025
Cement Maker Carve-Out Titan America Plans For $396M IPO
The U.S. business of worldwide cement producer Titan Cement Group on Tuesday announced the terms for its initial public offering, planning to raise $396 million.
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January 28, 2025
Law Firm Accused Of Botching NYC Construction Lawsuit
An HVAC subcontractor and one of its investors claim that attorneys at a New York law firm cost them a $700,000 judgment at trial by failing to call any witnesses or produce any documents to rebut claims from a general contractor that they diverted funds, according to a lawsuit in New Jersey state court.
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January 28, 2025
Wynn Fraud Trial Still On As Appeals Court Declines To Step In
A Wynn Resorts subsidiary cannot challenge a decision allowing a trial on accusations that it misled the former owner of the site of its Encore Boston Harbor casino into cutting the property's sale price by $40 million, the state's intermediate-level appeals court has ruled.
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January 27, 2025
Alaskan Co. Says Texas Firm Bungled Wash. Dam Scaffolding
An Alaska Native-owned corporation is claiming a Texas firm supplied faulty underwater scaffolding designs that allegedly caused a structural collapse at a Pacific Northwest dam, exposing one of the corporation's subsidiaries to a demand of more than $1.4 million from the project's lead contractor.
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January 27, 2025
No Coverage For Worker 'Crushed' In Hole, Insurer Says
A construction contractor's commercial general liability insurer told a Louisiana federal court it owes no coverage for a wrongful death lawsuit that, according to the insurer, alleges a worker was "crushed in a hole."
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January 27, 2025
Buddhist Group Wants Army Corps Everglades Plan Blocked
A Buddhist community asked a Florida federal court to block construction on an Everglades restoration water retention project, arguing its concerns that the project will make its adjacent religious retreat center unusable have fallen on deaf ears at the U.S. Army Corps of Engineers.
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January 27, 2025
Contractor Seeks DC Circ. Approval Of $200M Arbitral Award
A toll road contractor asked the D.C. Circuit to approve a $200 million arbitral award against the Peruvian city of Lima over a failed construction contract, saying the city's argument that the contract was obtained through corruption had already been rejected by two arbitration panels and a federal judge.
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January 27, 2025
NJ Shortens Window For Use Of Redevelopment Tax Credits
New Jersey reduced the time in which tax credits for certain mixed-use and commercial real estate redevelopment projects must be used after approval as part of a bill signed by Gov. Phil Murphy.
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January 27, 2025
QXO Goes Hostile With $11B Beacon Roofing Takeover Bid
QXO Inc. on Monday lobbed a hostile takeover bid at Beacon Roofing Supply Inc., which previously rejected its acquisition proposal, announcing plans to launch an all-cash tender offer to purchase Beacon's remaining outstanding shares in a roughly $11 billion deal.
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January 27, 2025
NJ Prosecutors Shielded From Contractors' Claims, Court Told
Ocean County, New Jersey, prosecutors urged a Garden State federal judge to toss a suit alleging they illegally targeted two contractors who were indicted for stealing customer funds over a business rivalry, arguing their prosecutorial acts are shielded from civil liability.
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January 27, 2025
Judge Tosses Bias Suit Over Deadlines, AI-Generated Filings
A D.C. federal judge has dismissed the remaining age-discrimination claim in a lawsuit filed by former D.C. Department of Public Works employees after the remaining plaintiff failed to comply with discovery deadlines and submitted filings with inaccurate citations, further raising concerns about the use of AI-generated content.
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January 27, 2025
Davis Polk, Skadden Build Emerson's $7.2B AspenTech Buy
Global technology company Emerson, advised by Davis Polk & Wardwell LLP, on Monday announced plans to acquire the remaining shares of fellow software company AspenTech, whose special committee was led by Skadden Arps Slate Meagher & Flom LLP, that it does not already own in a $7.2 billion deal.
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January 24, 2025
Real Estate Recap: Hughes Fire, EOs, Practices Of The Year
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including more law firm displacement due to the newly ignited Hughes Fire in Los Angeles County, real estate sector speculation following a storm of executive orders, and two of Law360's picks for real estate and construction practice groups of the year.
Expert Analysis
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Mitigating Construction Employers' Risks Of Discrimination
Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Defining All-Risk: Despite $30M Loss, Loose Bolt Not 'Damage'
A Massachusetts federal court’s recent ruling in AMAG Pharmaceuticals v. American Guarantee and Liability Insurance Co., denying coverage for $30 million in damages claimed when a loose bolt caused an air leak, highlights an ongoing debate over the definition of “direct physical loss or damage,” say Josh Tumen and Paul Ferland at Cozen O'Connor.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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How The 2025 Tax Policy Debate Will Affect The Energy Sector
Regardless of the outcome of the upcoming U.S. election, 2025 will bring a major tax policy debate that could affect the energy sector more than any other part of the economy — so stakeholders who could be affected should be engaging now to make sure they understand the stakes, say attorneys at Mayer Brown.