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Construction
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December 08, 2023
Wrong Remedy Sought By Carrier In Sandy Suit, Insurer Says
A subcontractor's insurer fought carrier Affiliated FM's efforts Friday to escape the insurer's lawsuit seeking to avoid covering a contractor in an underlying suit Affiliated brought to recover $4.5 million it paid a landlord for Superstorm Sandy damages, saying the carrier is pursuing an improper legal remedy.
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December 08, 2023
Judge Denies Lenders Control Of NYC Margaritaville For Now
A New York bankruptcy judge on Friday denied lenders an emergency motion to take over management of the Times Square Margaritaville resort, saying there was no evidence of an urgent need to swap control and that the lenders appeared to be wrong on the law.
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December 08, 2023
AECOM Wants To Stop Co.'s 'End Run' On Liability Cap
Design and engineering giant AECOM has accused its partner in a Colorado toll lanes project of filing a state lawsuit as an "end run" around a federal judge's ruling in AECOM's favor, according to a motion urging the federal judge to block the new case ahead of a trial in January.
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December 08, 2023
Tesla Investor Sues For Docs On Musk 'Glass House' Outlays
A Tesla Inc. stockholder sued in Delaware's Court of Chancery Friday seeking access to a range of company documents that include details on until-recently secret purchases by the company of millions of dollars worth of large, specialized glass panels for founder Elon Musk's "new house."
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December 08, 2023
Shady Gov't Contractor Gets 10 Years For 'Life Of Crime'
A Manhattan federal judge sentenced construction company owner Sina Moayedi to 10 years in prison Friday for a 25-year course of fraud and bribery that left $125 million worth of government contracts for overseas projects plagued by faulty work, remarking he lived "a life of crime."
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December 08, 2023
Fla. Judge Says Banyan Cay DIP Lenders Are Still Owed $1.5M
A bankruptcy judge has denied an objection by debtors including Banyan Cay Resort & Golf LLC to a $1.5 million deficiency claim that a Chapter 11 lender made after taking possession of the resort as collateral this year when debtor-in-possession financing ran out and a buyer backed out of the sale.
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December 08, 2023
Investment Co. Says Homebuyers Shouldn't Get Third Chance
An investment advisory company told a Michigan federal judge that a group of homebuyers should not be allowed a third chance to bring a complaint alleging multiple companies ran a national bulk homebuying program that preyed on minorities, saying they included changes to the complaint that weren't approved by the court.
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December 08, 2023
Insurer Claims Contractor Owes $31M For Defaulted Projects
An insurer has sued a construction contractor in California federal court alleging that it shirked its duties on nearly $31 million in payment and performance bonds for a pair of construction projects, saying it expected claims to roll in soon for a third project.
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December 08, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Tesla drive patent proceedings against technology company InterDigital, Genesis band members say That's (not) All in a breach of contract claim against Virgin Records, and betting giant Entain play its hand in a claim over its acquisition of BetCity last year. Here, Law360 looks at these and other new claims in the U.K.
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December 08, 2023
No Shortage Of Action For Energy Deal-Makers In 2023
A fresh wave of oil and gas industry consolidation, stiff macroeconomic headwinds for renewable energy development and the Inflation Reduction Act's growing influence are just some of the highlights of what's been an eventful 2023 for energy sector deal-makers. Here are the transactional trends that stood out to energy attorneys this year, as well as how they expect those trends to carry over into next year.
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December 08, 2023
COVERAGE RECAP: Day 42 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 42.
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December 07, 2023
Hitachi Must Arbitrate Transfer Claims In $384M Award Fight
A New York federal judge Wednesday ordered a Hitachi unit to arbitrate its claim accusing the founder of construction equipment rental company Acme Business Holdco LLC of fraudulently transferring away some $57 million, as the pair battle over $384 million in outstanding loans.
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December 07, 2023
Wash. Justices Side With Property Owner In Roofer Death Suit
The Washington Supreme Court declined on Thursday to give the family of a roofer another chance at a wrongful death suit against the owner of the warehouse where his fatal accident happened, holding the owner shifted its duty to guard the worker against known dangers at the site by selecting a competent contractor.
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December 07, 2023
Contractor Admits To Selling The Army Chinese Forklifts
A New Jersey businessman confessed to selling the U.S. Army forklifts that were purchased from China, despite the "made in U.S.A." manufacturing requirements the Army placed on the supply deal, the U.S. Department of Justice announced Thursday.
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December 07, 2023
Trump Expert Tells NY Trial Court There's No Sign Of Fraud
Donald Trump returned to his civil fraud trial in person Thursday as his final expert witness testified there was no evidence of accounting fraud by the former president, who stands accused of falsifying his financial statements to secure lucrative terms on loans and insurance for his real estate empire.
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December 07, 2023
Pfizer Unit Agrees To Construct Floodplain At Superfund Site
The federal government is urging a New Jersey federal court to greenlight a settlement under which a Pfizer Inc. unit would fund the construction and maintenance of a floodplain, billed as compensation for contamination the company has previously paid $263 million to remediate.
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December 07, 2023
Nantucket Org Urges 1st Circ. To Reject Wind Farm Defense
A Nantucket group pushing to overturn approvals for Vineyard Wind 1 is asking the First Circuit to reject the U.S. Bureau of Ocean Energy Management and the National Marine Fisheries Service's arguments that they took a hard look at the risks the offshore wind project poses to endangered North Atlantic right whales.
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December 07, 2023
Ex-Philly Labor Leader Convicted Of Embezzlement
Former Philadelphia union leader John Dougherty on Thursday was convicted of charges that he and others bilked the International Brotherhood of Electrical Workers Local 98 out of hundreds of thousands of dollars, dealing another blow to Dougherty, who has already been convicted of bribery in the sprawling prosecution.
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December 07, 2023
COVERAGE RECAP: Day 41 Of Trump's NY Civil Fraud Trial
Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 41.
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December 06, 2023
Mich. Justices Go Down 'Rabbit Hole' In Rare Zoning Appeal
From a relatively quiet Michigan Supreme Court bench that was hearing a rare high-court zoning appeal Wednesday, one justice indicated some sympathy for zoning officials who want to undo a decision saying they can't block a NextEra Energy subsidiary from expanding a wind farm.
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December 06, 2023
Confirmation Of Arbitration Awards Against Lima Nears
A highway contractor's pursuit of roughly $190 million in arbitration awards against Lima closed in on victory on Wednesday, but a D.C. federal judge first wants attorneys for the Peruvian capital to explain the municipality's criminal complaint against three arbitrators weighing the latest chapter in the toll road dispute.
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December 06, 2023
Steel Co. Scores H-2B Extensions After COVID-Related Delays
A Delaware steel fabricator has won extended work permits for 50 staff on a wind turbine project after a U.S. Department of Labor appellate board ruled that a certifying officer had failed to properly consider delays caused by the pandemic.
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December 06, 2023
DC Circ. Urged To Undo 'Deeply Flawed' EB-5 Investor Ruling
A D.C. federal judge had no rational basis to find that a U.S. Citizenship and Immigration Services policy preventing Chinese investors from obtaining visas immediately was not a reviewable final agency action, they have said in a bid to undo that decision.
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December 06, 2023
Justices Urged To Drop Review Of 'Cruel' Ore. Homeless Law
Opponents of a Grants Pass, Oregon, law banning camping in public places told the U.S. Supreme Court Wednesday it should reject the city's appeal of a Ninth Circuit ruling finding the law to be cruel and unusual punishment for effectively criminalizing homelessness.
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December 06, 2023
Trump's NY Gag Appeal Claims Laughable, Judge's Atty Says
The New York state trial court that hit Donald Trump with gag orders in his civil fraud case defended those decisions Wednesday in an appellate filing, calling Trump's alleged free speech injuries "risible" compared to the potential harm to court staff.
Expert Analysis
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages
Excerpt from Practical Guidance
In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Navigating USCIS' New Minimum EB-5 Investment Period
Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief
In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.