Construction

  • January 15, 2021

    Fla. Construction Co. Must Face Suit Over Worker's Fall Injury

    A Florida appeals court on Friday revived a suit seeking to hold a construction company liable for injuries a subcontract worker sustained after he fell into an uncovered drain at a parking garage construction site, saying the trial judge erred in tossing the suit because the drain was an "open and obvious" hazard.

  • January 15, 2021

    9th Circ. Judge Doubts Insurer's SLAPP Sinking Tower Fight

    A Ninth Circuit judge appeared skeptical Friday of a New Jersey insurance company's efforts to toss under California's anti-SLAPP law an engineering firm's bad faith counterclaim in litigation over San Francisco's notorious sinking Millennium Tower, asking the insurer, "Why didn't you just fight the thing on the merits?"

  • January 15, 2021

    $1B Power Project Gets Trump OK, But 1st Circ. Roadblock

    The First Circuit blocked construction Friday on part of a controversial $1 billion clean energy development that would connect New England to Canadian hydroelectric power, just a day after the Trump administration granted the project a key cross-border permit.

  • January 15, 2021

    Manhattan DA Subpoenas NY Towns Over Trump Property

    Manhattan's district attorney has subpoenaed records from three New York towns, seeking information about a Trump Organization property called Seven Springs Estate, which is already under scrutiny by the state's attorney general, according to a news report Friday.

  • January 15, 2021

    Real Estate Rumors: IQHQ, Beyond Meat, C-III Capital

    IQHQ is reportedly planning a 565,000-square-foot Boston-area project, Beyond Meat is said to have leased roughly 280,000 square feet in the Los Angeles area and C-III Capital has reportedly dropped $64 million on a Florida apartment complex.

  • January 15, 2021

    CBL Mall Execs Get 90-Day Ch. 11 Stay On Stockholder Suit

    Several current and former executives of mall owner CBL & Associates will get a 90-day reprieve from a federal stockholder lawsuit, after a Texas bankruptcy court judge extended the stay on litigation during CBL's Chapter 11 reorganization.

  • January 15, 2021

    Ariz. Copper Mine Plan Enters Next Stage Amid Court Fight

    The U.S. Department of Agriculture on Friday released the final environmental impact statement for a land swap that would allow for copper mining on lands sacred to the Apache tribe in Arizona, as indigenous advocates continue to fight the project.

  • January 15, 2021

    Calif. Judge Boots Tribe's Bid To Undo Casino Ruling

    A California judge has rejected a bid by the Pinoleville Pomo Nation to undo his ruling that the tribe breached a 2012 agreement with JW Gaming Development related to a botched casino, saying new evidence the tribe put forward doesn't add up.

  • January 15, 2021

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

    This past week in London has seen China's Huawei facing a patent fight, oil trading giant Mercuria sue a petroleum company and a spread-better file a claim against real estate tycoon Robert Tchenguiz. Here, Law360 looks at those and other new claims in the U.K.

  • January 14, 2021

    Coronavirus Litigation: The Week In Review

    California restaurant owners say they shouldn't face fees for liquor licenses and health permits when state and county officials won't allow them to operate, the federal government can continue requiring in-person clinic visits to obtain abortion-inducing medication, and a cannabis farm is the latest to be hit with claims it fired workers who complained about workplace conditions amid the pandemic.

  • January 14, 2021

    EPA Sued Over Florida's New Water Permitting Powers

    The Trump administration cut corners in its rush to give Florida rare control over the Clean Water Act's Section 404 permitting requirements in the state despite considerable questions about the environmental impacts that remain, environmental groups said Thursday.

  • January 14, 2021

    Real Estate Rumors: Martorano, LXG, DR Horton

    Delaware investor Christopher Martorano has reportedly flipped four Florida gas stations for $15 million, LXG is said to have purchased a Chicago Holiday Inn and D.R. Horton has reportedly picked up 26.66 acres of land in Florida.

  • January 14, 2021

    DC Circ. Nixes Trump Bid To Rethink House Border Wall Case

    The full D.C. Circuit bench said it won't reconsider a panel's order last year allowing House Democrats to challenge President Donald Trump's diversion of $8.1 billion for a border wall, a rebuke coming less than a week before the Trump presidency comes to an end.

  • January 14, 2021

    Worker Keeps Arb. Award In OT Fight With Excavator Maker

    An Ohio construction excavator machine company must pay an employee for overtime hours he did not actually work due to a collective bargaining agreement violation, after a federal judge in the state said an arbitrator was right to issue the award for the payment.

  • January 14, 2021

    Insurer Eyes Early Win In Pipeline Co.'s $5M D&O Suit

    Federal Insurance Co. urged an Oklahoma federal judge to grant it an early win in a suit in which pipeline company T.D. Williamson Inc. is seeking over $5 million in coverage for a former director's suit, arguing the policy's "insured versus insured" exclusion applies.

  • January 14, 2021

    NYC Sues Insurer For Coverage In Workers' Asbestos Suits

    New York City asked a state court to compel an insurance company to defend it in two personal injury lawsuits stemming from alleged asbestos contamination at a Brooklyn courthouse, court documents show.

  • January 14, 2021

    NJ Trade Org Calls State Apprenticeship Law Unconstitutional

    A New Jersey law that requires public works contractors to be affiliated with an apprenticeship program is an unconstitutional infringement on the rights of businesses and a giveaway to unions, a trade association said in a lawsuit filed in New Jersey federal court.

  • January 14, 2021

    Cell Tower Co. Urges Maine Court To Find City In Contempt

    A Boston-based telecom tower company asked a Maine federal court to hold a city and its planning board in contempt for failing to comply with a court order, claiming officials have repeatedly refused to grant it the zoning relief necessary to build a 120-foot-tall cell tower alongside a busy coastal highway.

  • January 13, 2021

    Tribe Reaches $10M Settlement With Mining Cos. In Toxic Spill

    The Navajo Nation said Wednesday that it had reached a $10 million settlement with two mining companies it sued over the 2015 Gold King Mine waste spill that poisoned waterways used by the tribe. 

  • January 13, 2021

    Apache Stronghold Sues USDA Over Rio Tinto Mining Project

    Apache Stronghold, a San Carlos Apache nonprofit, has sued the U.S. Department of Agriculture in Arizona federal court to block a land swap that would allow Rio Tinto PLC and BHP Billiton to mine copper and allegedly dump toxic waste near land sacred to the Apache tribe.

  • January 13, 2021

    COVID-19 Not 'Act Of God,' Manufacturer Tells Calif. Court

    A metal manufacturer told a California federal judge that COVID-19 is not an "act of God" in a suit seeking to compel its debtor, a green-tech company, to pay over $4 million in debt and damages after the company tried to invoke a "force majeure" provision in the parties' contract to allegedly avoid payment.

  • January 13, 2021

    FTC Probing Casey's $580M Bid For Gas Station Rival Bucky's

    The Federal Trade Commission wants more information about convenience store group Casey's $580 million plan to pick up rival gas station chain Bucky's and its fuel distributing owner, according to a recent U.S. Securities and Exchange Commission filing.

  • January 13, 2021

    Real Estate Rumors: JP Morgan, F45 Training, Silverstone

    JP Morgan Investment Management has reportedly sold a Florida apartment complex for $91.7 million, F45 Training is said to be leasing 44,000 square feet south of downtown Austin and Silverstone Senior Living is reportedly hoping to rezone a property in Wellington, Florida.

  • January 13, 2021

    Builder Says It Was Stiffed $925K On Florida Hotel Project

    The general contractor for a Best Western hotel was shorted nearly $925,000 for its work after its contract was wrongly terminated, the builder told a Florida federal court.

  • January 13, 2021

    BLM Looks To Shrink Protected Land In Calif.

    The Trump administration on Wednesday released a plan to significantly reduce conservation land in the California desert, in a last-minute, largely symbolic attempt to alter a sprawling renewable energy and conservation plan that prioritizes development on federal land.

Expert Analysis

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • Lenders' Role Will Be Key In NYC Green Building Loans

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    New York City's Climate Mobilization Act, which will soon restrict large buildings' carbon emissions, provides for a loan program to help owners finance energy-efficient improvements — but the program's success will depend on mortgage lenders' participation, says Jason Rozes at Dechert.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

  • Keys To Creating Standout Law Firm Thought Leadership

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    Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

  • Perspectives

    Judges On Race: The Power Of Discretion In Criminal Justice

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    Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

  • 5 Attorney Business Development Tips For The New Year

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    Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

  • Minimizing Disruption To Clients During Law Firm IT Upgrades

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    For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

  • What To Expect From NJ Enviro Justice Rulemaking

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    The impacts of New Jersey's recently enacted environmental justice law will hinge on rulemaking and permitting, which will likely reflect Gov. Phil Murphy's commitment to protecting vulnerable populations from environmental hazards, say Karen Cullinane and Sara Sapia at Goldberg Segalla.

  • Construction Insureds Should Beware Faulty Work Exclusions

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    A South Carolina federal court's recent decision in Cincinnati Insurance v. Charlotte Paint, narrowly construing a key phrase commonly found in property damage exclusions, highlights a litigation strategy that policyholders should be prepared to push back against in future cases, say Catherine Doyle and David Kroeger at Jenner & Block.

  • Tips For Drafting Effective Amicus Briefs

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    Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.

  • 5 Trends That Will Influence E-Discovery In 2021

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    Changes in the way people work and communicate — which the pandemic has accelerated — will continue to bring new e-discovery challenges and shifts in data recovery this year, says Brian Schrader at Business Intelligence Associates.

  • How Relationship Partners Can Draft Winning RFP Responses

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    With law firms likely to see longtime clients roll out requests for proposal amid cost-cutting strategies this year, relationship partners can ensure they don't lose their clients by taking five critical actions during the response process, says Matthew Prinn at RFP Advisory.

  • Law Firm Merger Predictions For 2021

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    After a brief break in the multiyear streak of increasing law firm mergers, 2021 seems poised for a return to normal, with acquisitions involving small firms — those with under 400 lawyers — likely to dominate, says Peter Zeughauser at Zeughauser Group.

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