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Construction
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July 02, 2024
Texas Rebar Giant Can't Toss Calif. Rival's Antitrust Claims
A California federal judge denied a bid by rebar giant Commercial Metals Co. seeking to ditch a California rival's antitrust suit accusing the Texas-based company of inhibiting competition and driving up prices for the construction mainstay, saying there are disputes in the case that need to go before a jury.
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July 02, 2024
Debevoise Can't Avoid Testifying In Ex-Cognizant Execs' Trial
A New Jersey federal judge denied Tuesday a bid by Debevoise & Plimpton LLP to quash a subpoena seeking testimony from a firm partner for the coming bribery trial of two former Cognizant Technology Solutions Corp. executives.
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July 02, 2024
Conn. Justices Send Trade Secrets Row Back To Trial Court
The Connecticut Supreme Court ordered a "limited" new trial Tuesday in a trade secrets case that pit Dur-A-Flex Inc. against numerous companies tied to research chemist Samet Dy, its former employee, finding error in the lower court's rulings on issues including damages and the enforceability of Dy's noncompete agreement.
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July 02, 2024
Turkish Co. Says Feds Mistook Tax Exemptions For Subsidies
A Turkish steel company challenged new countervailing duties on steel concrete rebar, telling the U.S. Court of International Trade that the federal government allegedly misidentified a widely available tax exemption as a subsidy providing an unfair market advantage.
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July 02, 2024
Flint Needs State Help After Years Of Pipe Delays, Judge Says
A Michigan federal judge said the city of Flint's repeated failures to replace lead water service lines for residents shows it doesn't have the "wherewithal" or funds to finish the project and granted yet another extension to complete the work with offered help from the state of Michigan.
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July 02, 2024
Dentons Says Ex-Client Can't Escape $4.7M Fee Suit In Texas
International law firm Dentons Europe CS LLP urged a Texas federal court Tuesday to keep alive its suit accusing a Houston-area crisis response business of failing to pay more than $4.7 million in legal fees and said the correct venue was Texas, not England, as the business has argued.
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July 02, 2024
The Commercial Real Estate Q&A's You Can't Miss
Check out Law360 Real Estate Authority's most buzzed-about commercial real estate Q&As from the first half of 2024.
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July 02, 2024
Alaska Village Hits Army Corps With Gold Mine Permit Suit
The Native Village of Dot Lake is asking an Alaska federal judge to throw out a permit the U.S. Army Corps of Engineers issued for an open pit gold mine Kinross Gold Corp. and Peak Gold LLC are developing near the Yukon border.
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July 02, 2024
Dentons Adds Ex-Seyfarth Int'l Disputes Co-Chair In DC
Dentons has hired the former co-chair of Seyfarth Shaw LLP's international disputes resolution group, who joins the firm's Washington, D.C., office to help clients on engineering, construction and development project matters, the firm announced Tuesday.
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July 02, 2024
The Residential Real Estate Q&A's You Can't Miss
Check out Law360 Real Estate Authority's hottest residential real estate Q&A's from the first half of 2024.
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July 02, 2024
Thomas Laments Cert Denial In OSHA Standard Setting Fight
The U.S. Supreme Court said Tuesday it will not review the Sixth Circuit's split decision that the Occupational Safety and Health Administration's authority to set workplace safety standards is constitutional, although Justice Clarence Thomas warned against the "far-reaching" grant of that power to an agency.
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July 01, 2024
Guatemala Says $31M Award Can't Be Enforced In U.S.
Guatemala told a D.C. federal court on Friday that litigation filed by a construction and engineering firm to enforce $31 million in arbitral awards against it must be tossed, saying the underlying arbitration and dispute are entirely Guatemalan in nature.
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July 01, 2024
Philly Developer's Co. Must Pay $68.5M Over Worker's Death
The family of a man who died after falling 50 feet from a scaffolding while installing siding on a luxury townhome has been awarded $68.5 million by a Philadelphia jury, sticking prominent city developer Ori Feibush's construction company with a hefty tab.
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July 01, 2024
No Resolution In Sight For Trade Pact Auto Rules Dispute
The U.S. automotive industry is weighed down by a trade dispute over treaty requirements to source locally manufactured parts and uncertainty regarding how the rules will apply to electric vehicles, the Office of the U.S. Trade Representative said in a report Monday.
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July 01, 2024
CNX Says Employee Tried To Patent Its Tech For Himself
CNX Resources Corp. has filed a trade secret lawsuit in Pennsylvania federal court accusing a former employee of wrongfully using the natural gas company's confidential business information to file patent applications in his own name.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Real Estate Recap: Camping Ban, Mobile Money, Post-Surfside
Catch up on this week's key developments by state from Law360 Real Estate Authority — including the U.S. Supreme Court's ruling on an Oregon town's anti-camping ordinance, government incentives for manufactured housing communities, and the progress states have made toward building safety in the three years since the tragic condo collapse in Surfside, Florida.
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June 28, 2024
'Nothing Stopping' Collection On $10B Verdict, LA Judge Says
A Los Angeles judge on Friday decided to amend the judgment from a $10 billion verdict that found business owner Haresh Jogani stole a multibillion-dollar real estate business from his four brothers, awarding stock potentially worth billions to the brothers while dismissing his attorney's objections that the order is not allowed due to Haresh Jogani's appeal.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Seattle Co. Owes $5.6M For Upgrades At Old Fed Building
A company that owns the Seattle Federal Reserve Building owes a construction contractor $5.6 million for renovations on two floors, a Washington state court has ruled.
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June 28, 2024
Buchanan Ingersoll Can't Dump Harrisburg Incinerator Row
A Pennsylvania appellate court won't let Buchanan Ingersoll & Rooney PC exit long-running litigation over a trash incinerator project that sent the state's capital city into financial distress, ruling Friday that there was still ambiguity about whether the law firm's advice had been correct.
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June 28, 2024
NYC Housing Worker Gets Jail In 1st Sentence Of Bribery Bust
A Manhattan federal judge hit a retired New York City public housing superintendent with a year in prison Friday for taking $7,500 in bribes, a potentially worrisome signal for 69 others charged in a major anti-corruption sweep.
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June 28, 2024
Litigation Pro Joins Bradley Arant From Houston Boutique
Bradley Arant Boult Cummings LLP has strengthened its litigation practice in Texas with a partner who came aboard from Houston corporate law firm BoyarMiller.
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June 27, 2024
Milwaukee Tool Accused Of Selling Gloves Made By Prisoners
Milwaukee Tool has touted itself as having "no tolerance for forced labor," all the while selling work gloves made by inmates at a Chinese prison, according to a lawsuit filed by a former prisoner in Wisconsin federal court Thursday.
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June 27, 2024
Sen. Brown Asks White House To Enforce Mexican Steel Curbs
Sen. Sherrod Brown, D-Ohio, has argued an alleged surge of Mexican steel into the U.S. threatens to undermine the domestic economy in a letter urging the Biden administration to enforce a trade deal restricting Mexican steel.
Expert Analysis
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In Debate Over High Court Wording, 'Wetland' Remains Murky
Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.
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Geothermal Energy Has Growing Potential In The US
Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.
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Insurance Types That May Help Cos. After Key Bridge Collapse
Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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NY's Vision For Grid Of The Future: Flexible, Open, Affordable
Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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What A Louisiana Ruling Means For Pipeline Crossings
After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.