Construction

  • June 28, 2022

    Enviro Groups Say Texas Refuses To Follow Air Permit Rules

    A cohort of environmental groups petitioned the U.S. Environmental Protection Agency on Tuesday to require Texas' environmental regulator to increase public participation and consider environmental justice impacts during its air permitting program. 

  • June 28, 2022

    Judge Sinks Ore. Logging Operation Over Threat To Seabird

    An Oregon federal judge on Tuesday put a permanent stop to Scott Timber Co.'s attempt to clear-cut trees near Elliot State Forest, ruling the proposed action would harm a small seabird listed as threatened under the Endangered Species Act.

  • June 28, 2022

    Frustrated Court Says Lender Must Face Ponzi Scheme Suit

    A Texas federal judge has declined to toss a Ponzi scheme fraud suit brought against a lending company and the CEO of a real estate development company, noting that court has spent many resources on dismissal motions in the case thus far and that the defendants should not file any more dismissal motions.

  • June 28, 2022

    DC Circ. Backs FERC's Approval Of $468M Gas Pipeline

    The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's approval of a $468 million natural gas pipeline project, disagreeing with environmental advocates that developers were permitted to collect excessive returns and environmental concerns weren't given proper scrutiny.

  • June 28, 2022

    Clean Energy Co. Intersect Gets $750M Boost From 3 Firms

    Three private investment firms are infusing Intersect Power with $750 million to help accelerate the expansion of its clean energy platform, according to a statement Tuesday.

  • June 28, 2022

    Ga. Panel Revives T-Mobile's $11M Equipment Tax Refund Bid

    The Georgia Court of Appeals vacated a trial court's decision Tuesday that wiped out a roughly $11 million sales tax refund for T-Mobile, saying the court applied the wrong standard of review in finding certain broadband network equipment taxable.

  • June 28, 2022

    Atlanta Hotel Asks 11th Circ. To Revive Mold Damage Claim

    The owner of an Atlanta Hilton hotel asked the Eleventh Circuit to revive its $20 million water and mold damage suit against Affiliated FM Insurance Co., arguing a Georgia federal court did not consider the actual language of the hotel's "all-risk" insurance policy when it tossed the case.

  • June 28, 2022

    Energy Cos. Can't Duck Fees For $1.2B Project, 5th Circ. Told

    The Texas agency in charge of a key shipping channel off the Gulf of Mexico told the Fifth Circuit it shouldn't give credence to a brazen attempt by Shell and Phillips 66 to dodge their share of fees intended to pay for a $1.2 billion waterway improvement project.

  • June 28, 2022

    Mass. Gas Plant Pays $44M To End FERC Payment Probe

    A bankrupt Massachusetts gas-fired power plant has agreed to pay a $17.1 million fine and disgorge $26.7 million in profits to resolve Federal Energy Regulatory Commission allegations that it improperly reaped over $100 million in electricity market payments despite not yet being in service.

  • June 28, 2022

    Ga. Judge Won't Rethink Pond Pollution Coverage Ruling

    A Georgia federal judge doubled down Tuesday on his ruling that a subdivision developer's insurance policy doesn't cover its alleged pollution of a nearby pond, rejecting its bid to amend or alter a final judgment in favor of the insurer.

  • June 28, 2022

    Feds Drop Haitian Bribe Case After Discovering New Evidence

    Federal prosecutors in Boston dropped a Foreign Corrupt Practices Act case against a former U.S. Army colonel and a lawyer just days before they were set to be tried for a second time, after the FBI unearthed text messages suggesting the two were innocent.

  • June 27, 2022

    LA Developer Convicted In City Council Bribery Scheme

    A California federal jury convicted a Los Angeles real estate developer Monday of giving $500,000 in bribes to former city councilor Jose Huizar in exchange for getting a nonprofit's challenge to the development project dropped.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

  • June 27, 2022

    PacifiCorp Can't Keep Fire Claims In Federal Court

    A fight between PacifiCorp and California and Oregon residents over wildfire damages has been sent back to state court after a judge determined that the forest where the blaze started isn't a federal enclave over which federal courts have jurisdiction.

  • June 27, 2022

    NY Wind Project Inks Whale Protection Deal With Advocates

    The developers of New York's first offshore wind farm have committed to take steps to protect the endangered North Atlantic right whale in a voluntary agreement with a trio of conservation groups, according to an announcement Monday.

  • June 27, 2022

    Calif. Ruling Steadies Fraught EB-5 Landscape For Now

    A California federal judge has ordered the federal government to allow previously licensed EB-5 regional centers to continue operating while one of the immigrant investment centers challenges an agency mandate to seek reauthorization after March legislation revamped the program.

  • June 27, 2022

    Real Estate Rumors: Knighthead, CIM, AcadeMir Charter

    Knighthead has reportedly loaned $13.5 million for a South Florida mixed-use development site, CIM is said to be hoping to build residential and retail space in Los Angeles and AcadeMir Charter Schools has reportedly paid $20.8 million for a South Florida charter school.

  • June 27, 2022

    Toshiba Defends $500M Hydro Plant Work In Bid To Duck Suit

    Toshiba Corp. wants to avoid a suit claiming it turned over shoddy work and missed deadlines overhauling a hydroelectric plant, arguing the work was fine and the allegations fall outside the bounds of the $500 million contract.

  • June 27, 2022

    Texas Improperly Planned $5.6B Highway Project, Groups Say

    A trio of advocacy groups are claiming Texas transportation officials improperly divided a plan to overhaul sections of Interstate 35 into three standalone portions to avoid a full review of the roughly $5.6 billion project's environmental impacts.

  • June 27, 2022

    Watson Farley & Williams Guides $374M Cruise Terminal Deal

    Watson Farley & Williams on Monday announced the €353 million ($374.4 million) finance of a new MSC Cruises mega cruise terminal at the Port of Miami in a partnership with Italian shipbuilder Fincantieri, with MSC Cruises being advised by WFW.

  • June 21, 2022

    NY AG Says Trump Satisfied Order That Prompted Contempt

    New York Attorney General Letitia James is "prepared to agree" that former President Donald Trump has satisfied a court order, which had led to his being found in contempt, in her probe into his business practices, an attorney from her office told the state court Tuesday.

  • June 24, 2022

    Feds Urge Jury To Convict Developer Of Bribing LA Pol Huizar

    Real estate developer Dae Yong Lee intended to bribe then-Los Angeles City Councilmember Jose Huizar for help overcoming challenges to a downtown project, federal prosecutors told a California jury during closing arguments Friday, while Lee's attorney maintained his client sincerely believed the $500,000 went toward a legitimate consulting fee.

  • June 24, 2022

    Architect Says Gov't Can't Back Up Casino Bribery Conviction

    An architect convicted of giving bribes to the leader of the Mashpee Wampanoag Tribe has pressed a Massachusetts federal court to overturn his conviction, saying the federal government wants the court to back a jury's guilty verdict "almost solely on the basis of acquitted conduct."

  • June 24, 2022

    Mining Project On Sacred Apache Land Lawful, 9th Circ. Says

    Plans to tap nearly 2 trillion tons of copper ore on federal land in Arizona may proceed, after the Ninth Circuit ruled Friday that the mining project does not violate a local Apache group's religious liberty despite preventing its members from accessing a sacred site in the area.

  • June 24, 2022

    Duke Energy $59M Contract Dispute Slimmed, Heads To Trial

    A federal judge on Friday said a dispute over terms of a soured $59 million contract between Duke Energy Corp. and a competitor in the Carolinas must go to trial, holding that the suit requires a careful evaluation of the facts.

Expert Analysis

  • NY Contractor Relief Bill Is Much-Needed, But Imperfect

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    Once signed by the governor, New York's S.B. 10109 will correctly provide relief to construction contractors negatively affected by drastic material price escalations, though it is held back by an arbitrary time restriction, say attorneys at Cohen Seglias.

  • How To Avoid Construction Lien Traps In Bankruptcy Filings

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    The Ninth Circuit Bankruptcy Appellate Panel’s decision in 450 S. Western Ave. serves as a cautionary tale on the risks of a contractor agreeing not to foreclose a lien in exchange for the owner agreeing not to challenge the validity of the lien in bankruptcy filings, and highlights how contractors can protect their liens, says Blake Robinson at Davis Wright.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • The Unique Nature Of COVID-Era Patent Procurement Trends

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    Data shows the COVID-19 pandemic is affecting patent procurement differently than past financial crises, with newly filed applications slowing in number while pending applications are maintained and not abandoned, say Michael Sartori and Sarah Hassan at Baker Botts.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Performance Bonds May Not Cover All Contract Obligations

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    Supply chain constraints and higher material prices in the construction industry are leading many project owners to require payment and performance bonds from contractors, but owners should keep in mind certain legal and practical considerations that may allow sureties to escape liability, says Daniel Miktus at Akerman.

  • How Cos. Can Track Infrastructure Act Projects — And Funds

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    As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Contract Diligence Is Key Amid EV Facility Construction Boom

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    As demand for new electric vehicle manufacturing facilities rises, manufacturers must recognize that such construction projects are uniquely complex undertakings with potentially mammoth financial risks, and draft contracts accordingly, says Chris Caputo at Baker Donelson.

  • Despite Carbon Cost Win, Biden Climate Plans Still At Risk

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    The U.S. Supreme Court's recent refusal to take up a group of states' challenge to the Biden administration's social cost of carbon metric is a White House victory — but with the court mulling another case concerning the government's authority to regulate greenhouse gas emissions under the Clean Air Act, Biden's climate agenda still faces obstacles, say attorneys at WilmerHale.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

  • 2 Housing Cases Strengthen Calif.'s Density Bonus Law

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    In concert with the California Legislature's recent efforts to extend the reach of the Density Bonus Law, two Court of Appeal decisions reflect the state's deepening commitment to enforce housing law, and stand as the most significant and relevant published case law in nearly a decade, say Daniel Golub and William Sterling at Holland & Knight.

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