Construction

Expert Analysis

• Partial Repeal Could Resolve Biden's SALT Cap Dilemma

  

  Lawmakers' calls to repeal the cap on federal deductions for state and local taxes are controversial because doing so could cost over $600 billion, but a partial repeal could be accomplished on a revenue-neutral basis, providing relief to some, if not most, affected taxpayers, says Joseph Mandarino at Smith Gambrell.

• What Associates Should Consider Before Switching Practices

  

  The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

• Pitfalls For Out-Of-State Contractors In Texas Post-Disaster

  

  In light of the extreme weather Texas saw in February, out-of-state construction contractors performing repairs in the state should understand certain post-disaster requirements, the process for recovering damages and litigation risks that can follow noncompliance, says Karalynn Cromeens at Cromeens Law Firm.

• 4 Effective Ways To Prioritize Client Advocacy

  

  To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

• Remote Law Firm Culture Should Prioritize Associate Training

  

  Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

• Virtual Litigation May Unravel The Narcissistic Lawyer

  

  The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

• Rewriting Contracts For The Post-Pandemic Era

  

  Attorneys at Eversheds Sutherland identify key contract provisions that have caused consternation, frustration and litigation during the COVID-19 pandemic and suggest possible alternative provisions for future contracts.

• Protecting Construction Projects From China Sanctions Risks

  

  Parties to international construction projects involving Chinese and non-Chinese participants should look to key contract provisions for relief if one party becomes adversely affected by U.S. sanctions against China, say William Godwin and Anton Ware at Arnold & Porter.

• ABA Remote Work Guide Raises Bar For Atty Tech Know-How

  

  A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

• Lateral Hire Conflict Screening Lessons From DLA Piper Case

  

  While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

• How USMCA Empowers Investors Against Mexico Power Law

  

  U.S. and Canadian investors in Mexico's energy sector pursuing legal remedies against the country's newly amended Electricity Industry Law, which introduces preferences for the Mexican state-owned utility, should consider the ways they can seek relief under the U.S.-Mexico-Canada Agreement, say attorneys at WilmerHale.

• Why ITC Must Adjudicate Redesign Patent Infringement

  

  The U.S. International Trade Commission's decision not to adjudicate allegedly patent-infringing redesigned products in the dispute between Wirtgen and Caterpillar conflicts with IP laws' aim to promote innovation and with the ITC's fundamental responsibility of providing certainty in international commerce, says Derek Dahlgren at Devlin Law Firm.

• Opinion

  Florida Construction Defect Proposal Unfair To Homeowners

  

  Proposed changes to Florida’s Chapter 558 notice process would require homeowners alleging construction defects to clear costly hurdles and sign perjury penalty acknowledgements, which would favor builders by discouraging suits seeking recovery, say Nick Vargo and Greg Demers at Ball Janik.

• 3 Cybersecurity Questions To Ask Before A Remote Mediation

  

  Lawyers preparing to mediate or arbitrate a case through videoconference should take steps to ensure they and their alternative dispute resolution providers are employing reasonable security precautions to protect digital client data and conform to confidentiality obligations, say F. Keith Brown and Michael Koss at ADR Systems.

• A Uniform Mediation Act Primer As States Continue Adoption

  

  With Georgia expected to soon become the 13th jurisdiction to adopt the Uniform Mediation Act and with more states likely to follow suit amid widespread trial delays, practitioners should familiarize themselves with the act's conflict disclosure requirements and the boundaries of its confidentiality provisions, says Richard Mason at MasonADR.