Construction

  • February 21, 2024

    GAO Backs Army Rejection Of Unclear Bid For Deals In Korea

    The U.S. Government Accountability Office has agreed with the U.S. Army's decision to deem unacceptable an engineering firm's bid for construction deals in South Korea, as the watchdog found the bids unclear on who would perform certain quality control and safety activities.

  • February 21, 2024

    7th Circ. Says Excavator's Kickback Appeal Doesn't Add Up

    A Seventh Circuit panel seemed unconvinced Wednesday by a former excavation company employee seeking to overturn his kickback conviction, with one judge suggesting he had two unpersuasive arguments and was trying to make "0 + 0 = 1."

  • February 21, 2024

    Mass., Property Developer Strike Deal Over Wetlands Pollution

    The state of Massachusetts and a nationwide residential property developer have settled claims the company caused sediment runoff in wetlands in a town about 16 miles south of Boston, in violation of the Clean Water Act.

  • February 21, 2024

    Green Groups Press FERC To Rescind Tenn. Pipeline Approval

    Environmentalists on Tuesday urged the Federal Energy Regulatory Commission to undo its approval of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is replacing a coal-fired plant, saying the agency botched its consideration of the project's climate change impacts.

  • February 21, 2024

    Commerce Can't Cite Wikipedia To Expand Duties, Court Says

    The U.S. Department of Commerce couldn't convince the U.S. Court of International Trade that Wikipedia articles supported its expansion of vertical engine tariffs, with a judge noting that U.S. courts have repeatedly rejected Wikipedia as a source.

  • February 20, 2024

    Bid-Rigging Suit Against Bloomberg And Turner Ruled Too Old

    A defunct drywall contractor has lost its bid to hold Bloomberg LP and Turner Construction to account for a blackballing and bid-rigging campaign, as a New York federal judge ruled the suit was filed too late despite a related appeal to the Second Circuit.

  • February 20, 2024

    11th Circ. Tosses Appeal Of Bid-Rigging Indictment

    The Eleventh Circuit on Tuesday found that a concrete executive has to wait until after he's tried to contest his indictment by a remotely convened grand jury during the pandemic on charges of allegedly fixing prices and rigging bids for ready-mix concrete in Georgia.

  • February 20, 2024

    Tribes, Enviro Orgs Can Join Fight Over Tongass Protections

    An Alaska federal judge said a coalition of tribes, conservation groups, fishers and tourism businesses can join litigation to help defend a challenged Biden administration rule that reinstated roadless area protections for some 9 million acres of the vast Tongass National Forest.

  • February 20, 2024

    5th Circ. Seeks Texas Justices' Input On LNG Permit Fight

    The Fifth Circuit has yanked its prior ruling that scrapped an emissions permit issued by Texas environmental regulators for a proposed liquefied natural gas terminal, saying it wants the state's Supreme Court to weigh in on how to define the best available pollution control technology under Texas law.

  • February 20, 2024

    Restoration Architect Says Visa Denial Ignored Evidence

    A Colombian restoration architect who wants to address the affordable housing shortage in the U.S., accused immigration officials in Florida federal court of disregarding more than 1,000 pages of evidence in denying him a national interest waiver for a visa.

  • February 20, 2024

    Angry Buyer Told Machine Seller, 'I'll Kill You All,' Jury Hears

    Counsel for an Italy-based woodworking machinery manufacturer told an Atlanta federal jury Tuesday that their client's employees had been subjected to "profanity, and insults, and actual threats of physical violence" from a disgruntled customer who claimed his company had been sold a "lemon" of a high-tech wood cutting device.

  • February 20, 2024

    DC Circ. Says FERC Fight Over 'Onshore' Meaning Is Moot

    The D.C. Circuit has dumped a fight between the Federal Energy Regulatory Commission and an advocacy group concerning whether the agency has jurisdiction over facilities that transport liquefied natural gas to port via truck, saying the dispute is moot because the proposed facility in question isn't being built.

  • February 20, 2024

    Pa. Contractor Says Ohio Cosmetic Centers Skipped $2M Bill

    A construction contractor took the owner of several medical spa and cosmetic surgery practices to Pennsylvania state court on Friday after the healthcare firm allegedly halted projects in two Ohio suburbs and then failed to pay $2 million that the builder was owed for its work on them.

  • February 16, 2024

    4th Circ. Won't Rethink Overturning Bid-Rigging Conviction

    The Fourth Circuit declined to reconsider a panel ruling that overturned a former Contech executive's bid-rigging conviction, despite the U.S. Department of Justice's contention that the decision flouts long-standing precedent.

  • February 16, 2024

    FERC Rejects Hydro Project Permits Amid Tribal Opposition

    The Federal Energy Regulatory Commission has denied preliminary permits for three proposed hydropower projects on Navajo Nation land in Arizona, saying a recently revised policy clarifying Indigenous rights in the agency's decision-making process and the tribe's overwhelming opposition to the applications swayed the decision.

  • February 16, 2024

    Clean Energy Cos. Must Pay Heed To PFAS Crackdown

    The clean energy industry shouldn't downplay the growing scrutiny over so-called forever chemicals, many of which are present in key components of their projects and can't be easily replaced, attorneys say.

  • February 16, 2024

    Florida Loses Wetland Permitting Authority In D.C. Court Case

    A D.C. judge has stripped Florida of its federally delegated authority to permit wetlands development, ruling that U.S. environmental regulators failed to analyze the impact of their decision on endangered and threatened species and handing a victory to conservation groups challenging the program.

  • February 16, 2024

    Feds Tell 1st Circ. Mass. Wind Farm Approval Was Sound

    The federal government has said a Massachusetts federal judge properly dumped a challenge lodged by commercial fishing groups seeking to upend federal approvals of the Vineyard Wind project, telling the First Circuit that the record shows federal agencies thoroughly studied the project's potential impacts.

  • February 16, 2024

    Condo Co., Insurer Settle Proposed Class Action Coverage

    A Miami condominium, its former management company and various insurers agreed to settle coverage for a proposed class action accusing the condominium companies of allowing the building to deteriorate, a Florida federal judge said Friday, staying the coverage litigation while the parties finalize the deal.

  • February 16, 2024

    Trump Owes $355M For Fraud That 'Shocks The Conscience'

    A New York state judge on Friday found Donald Trump, his adult sons, his companies and longtime executives liable for a decadelong valuation fraud conspiracy, ordering the defendants to disgorge $364 million in ill-gotten gains to the state, plus interest, with the former president on the hook for the lion's share.

  • February 16, 2024

    Quartz Biz Says Customs Charged Tariffs On Duty-Free Goods

    A quartz importer took U.S. Customs and Border Protection to court over its assessment of anti-dumping duties on dozens of quartz surface products that the U.S. Department of Commerce said should be imported duty-free.

  • February 16, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a legal battle erupt between JPMorgan and the founder of a Greek payments company following a dispute over the valuation of their jointly owned fintech business, the children of late Russian oligarch Vladimir Scherbakov face a claim by Fieldfisher LLP, the Director of Education and Training at the Solicitors Regulation Authority tackle a claim by two solicitors, and train operator First MTR South Western Trains file a claim against a security company. Here, Law360 looks at these and other new claims in the U.K.

  • February 15, 2024

    Home Depot, Google Sued Over AI Customer Call Monitoring

    Home Depot and Google were hit with a proposed class action in California federal court Wednesday, accusing them of deploying artificial intelligence technology to surreptitiously "eavesdrop" on calls between customers and Home Depot's representatives without permission, in violation of Golden State privacy laws.

  • February 15, 2024

    NJ Court Affirms Tossing Of Corrections Worker's Bias Suit

    The New Jersey Department of Corrections provided reasonable accommodations for a secretarial assistant and continually engaged in a "responsive interactive process" regarding her disability, a state appellate court found Thursday in affirming the dismissal of her suit alleging a hostile work environment.

  • February 15, 2024

    Atty Must Be Tried Alongside Ex-Hawaii DA, Feds Say

    Prosecutors have urged a federal judge not to sever a lawyer from a criminal case against former Honolulu top prosecutor Keith Kaneshiro and others, saying she was a "primary" facilitator of a prosecution-for-donations conspiracy.

Expert Analysis

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • High Court Case Could Reshape Local Development Fees

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    If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.

  • CFTC Moves May Boost Interest In Voluntary Carbon Markets

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    As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.

  • 2 SEC Orders Illuminate Bribery Risks For US-China Cos.

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    The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Employer Lessons From NLRB Judge's Union Bias Ruling

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    A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Strict Duty To Indemnify Ruling Bucks Recent Trend

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    A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.

  • Ex-OpenSea Staffer Case May Clarify When Info Is Property

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    In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.

  • Opinion

    Stakeholder Amici Should Be Heard In Russian Trade Case

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    Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

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    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

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