Construction

  • June 18, 2024

    GAO Rejects Claim CBP Rigged Migrant Facility Contract Bids

    The U.S. Government Accountability Office on Monday denied a vendor's protest challenging the U.S. Customs and Border Protection's solicitation seeking vendors to provide an immigrant detention facility in North Eagle Pass, Texas, rejecting the protester's allegations that the solicitation process was rigged to unfairly favor an incumbent contractor.

  • June 18, 2024

    Treasury Finalizes Labor Rules For Bonus Energy Tax Credits

    The U.S. Treasury Department released final labor rules Tuesday for clean energy projects seeking to significantly boost the value of their tax credits, emphasizing due diligence by developers and announcing that more IRS resources will go toward enforcement of the rules.

  • June 17, 2024

    Split Mass. Top Court Backs Strict View Of Prompt Pay Law

    The top appeals court in Massachusetts said in a divided opinion Monday that contractors must pay overdue invoices before disputing claims under the state's prompt pay law, with two dissenting judges criticizing the majority for trying to rewrite the law "by judicial fiat."

  • June 17, 2024

    Justices Will Hear Philly Bridge Project Fraud Case

    The U.S. Supreme Court will decide whether a Pennsylvania Department of Transportation contractor's false promise to give a certain share of its business to minority-owned subcontractors rises to the level of depriving the state agency of property, the court announced Monday.

  • June 14, 2024

    Real Estate Recap: Special Servicers, 'Dirty' Money, Alt Energy

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including recent litigation targeting special servicers, a 700% increase in brownfield funding, and one BigLaw real estate leader's take on alternative energy as interest rates hold steady.

  • June 14, 2024

    Monsanto Says Wash. Ruling Axes $275M PCB Verdict

    Monsanto has asked a Washington state appeals court to reverse a $275 million verdict against it in a suit over polychlorinated biphenyls exposure at a school site, saying a recent reversal of a $185 million verdict by the court in another case greatly bolsters its argument for another reversal.

  • June 14, 2024

    BP Unit Slapped With $300M Franchise Termination Suit

    A trio of entities controlled by two self-proclaimed franchise veterans filed suit in Ohio federal court against a travel center operator acquired by BP in 2023, alleging the company terminated a franchise agreement without warning and caused at least $300 million in damages.

  • June 14, 2024

    'Riverdance' Star Can't Step Around $30M Estate Arbitration

    Dancer Michael Flatley must arbitrate his €30 million ($32 million) claim against Hiscox over allegations of defective work on his estate in County Cork, an Irish court ruled Friday, saying there is nothing unfair about enforcing the policy's arbitration clause.

  • June 14, 2024

    T-Mobile Sues NJ Town Over Plan For School Cell Tower

    T-Mobile has been paying on a lease for a proposed cell tower site for nearly 14 years, but it cannot build the tower because the New Jersey town the land sits in won't approve the necessary applications, the mobile behemoth says in a new lawsuit.

  • June 14, 2024

    3rd Circ. Won't Halt 'Made In America' False Ad Ruling

    The Third Circuit will not pause an injunction against Albion Engineering Co. for falsely marketing its caulking guns as made in the United States, according to a Friday order declining to hold off the New Jersey federal court's order while the firm appeals.

  • June 14, 2024

    DC Circ. Backs FERC Climate Reviews In Pipeline Project Row

    The D.C. Circuit on Friday appeared to endorse the Federal Energy Regulatory Commission's current method of evaluating the climate change impacts of gas infrastructure projects in approval in rejecting an environmental group's challenge of the agency's pipeline upgrade project serving the New York City area.

  • June 14, 2024

    Enviros Fight FERC OK Of Pipeline Feeding Mexico LNG Plant

    The Sierra Club and Public Citizen called on the D.C. Circuit to review the Federal Energy Regulatory Commission's approval of a methane gas pipeline to run between West Texas and Mexico, asserting the agency failed to conduct a thorough analysis of the pipeline's 157 U.S.-based miles.

  • June 14, 2024

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

    This past week in London has seen toy company Jellycat hit supermarket Aldi with an intellectual property claim, AIG start proceedings against firefighting foam company Angus International Safety Group, and the Solicitors Regulation Authority file a legal claim against the Post Office amid the ongoing Horizon IT scandal. Here, Law360 looks at these and other new claims in the U.K.

  • June 13, 2024

    Oral Arguments Granted In $51M NOLA Airport Defect Row

    A Louisiana federal judge will hear oral arguments next month over a counterclaim brought by the city of New Orleans concerning damages at a $1 billion terminal project for the Louis Armstrong New Orleans International Airport.

  • June 13, 2024

    Indicted Ex-Conn. Official Missed Gun Sale Deadline, Feds Say

    Former Connecticut state budget official Konstantinos Diamantis has missed deadlines to remove guns from his residence and claimed he couldn't locate his passport despite orders to surrender it to federal authorities while he awaits trial on bribery and extortion charges, a U.S. probation officer reported Wednesday.

  • June 13, 2024

    Tribes Fight BC's Consultation Policy On Aboriginal Rights

    Indigenous nations along British Columbia's U.S. border want a say in projects they claim will threaten the environment and their quality of life after the Canadian province announced plans earlier this year to develop a policy to clarify how tribes located outside the country are consulted on such endeavors.

  • June 13, 2024

    NexPoint Asks Investors To Shake Up REIT After Ponzi Case

    In a letter to shareholders Thursday, an investor accused four incumbent trustees of repeatedly acting against their fiduciary duties in overseeing United Development Funding, a Texas-based firm controlled by four executives now serving time for running a Ponzi scheme.

  • June 13, 2024

    Data Center Developer Secures Upsized $9.2B Investment

    Hyperscale data center campus company Vantage Data Centers on Thursday announced that it secured a $9.2 billion equity investment from DigitalBridge Group Inc. and Silver Lake, which is nearly $3 billion more than anticipated when the investment was first announced back in January.

  • June 13, 2024

    Texas Biz Wants $4.7M Fee Dispute With Dentons Tossed

    A Houston-area crisis response business wants a Texas federal court to toss international law firm Dentons Europe CS LLP's complaint accusing it of failing to pay more than $4.7 million in legal fees, arguing the action is deficient and that the dispute belongs in England.

  • June 13, 2024

    NJ Judge Denies Liberty Mutual's Recusal Bid in Accident Suit

    A New Jersey federal judge will not step away from a construction accident coverage suit, ruling Liberty Mutual's recusal bid, which cited his failure to disclose his multiple policies with the insurer and a previous investigation over a missing jewelry claim, would potentially block hundreds of judges from presiding over similar cases.

  • June 13, 2024

    Bond Denial Upheld For Army Construction Project

    An Illinois federal judge affirmed an arbitration award relieving two insurers of covering a $1.8 million bond issued to a subcontractor retained for a U.S. Army construction project, upholding the arbitrator's finding that the status of the project wasn't accurately represented at the time of bond procurement.

  • June 12, 2024

    Tribes Say Court Must Examine Spill Risks In Gold Mine Row

    Half a dozen tribes that oppose a large open-pit gold mine along the Kuskokwim River in southwest Alaska have urged a federal judge to vacate a U.S. Army Corps of Engineers authorization for the project, saying the government has wrongly interpreted environmental concerns.

  • June 12, 2024

    Landscaper's H-2B App Doomed By Missing Permanent Staff

    A Utah landscaper's efforts to hire 15 construction workers through the H-2B seasonal worker visa program was doomed by evidence that the company hadn't maintained a permanent workforce, according to a recent U.S. Department of Labor decision.

  • June 12, 2024

    Worker Hits Lumber Co. With 401(k) Fee, Investment Suit

    A lumber company violated federal benefits law by choosing expensive, poor-performing funds for its employee retirement plan and saddling participants with lofty fees, according to a new lawsuit filed in Pennsylvania federal court.

  • June 12, 2024

    Construction Co. Owes $353K For H-2A Violations, DOL Says

    A Nebraska construction company operating in California must pay nearly $353,000 in back wages and fines for denying 43 workers their full wages and rights under the H-2A temporary worker program, the U.S. Department of Labor announced Wednesday.

Expert Analysis

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet

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    A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.

  • The Clock Is Ticking For Fla. Construction Defect Claims

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    Ahead of the fast-approaching July 1 deadline for filing construction defect claims in Florida, Sean Ravenel at Foran Glennon discusses how the state's new statute of repose has changed the timeline, and highlights several related issues that property owners should be aware of.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • State Procurement Could Be Key For Calif. Offshore Wind

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    A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Opinion

    US Solar Import Probe's Focus On China Is Misguided

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    The U.S. Department of Commerce's recent anti-dumping and countervailing duty investigation focuses on the apparent Chinese ownership of solar device importers in four Southeast Asian countries — a point that is irrelevant under the controlling statute, says John Anwesen at Lighthill.

  • 3 Recent Decisions To Note As Climate Litigation Heats Up

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    Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

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