Construction

  • November 15, 2019

    EPA Can't Trim Suit Seeking Tighter Asbestos Standards

    A California federal judge on Friday denied the U.S. Environmental Protection Agency's attempt to dodge part of a lawsuit filed by health and environmental groups that are looking to force the EPA to tighten asbestos regulations.

  • November 15, 2019

    Trade Court Sees Limits On Trump's Use Of Security Tariffs

    The U.S. Court of International Trade on Friday rebuked President Donald Trump for his use of a Cold War-era trade law to set tariffs based on national security, keeping alive an importer's suit challenging a duty increase against Turkish steel.

  • November 15, 2019

    New York Project Lands $79M Loan From Madison, Hana

    Developer Real Estate Equities has landed $79.1 million in financing for a Manhattan mixed-use project from Madison Realty Capital and South Korea-based financial services firm Hana Financial Group, according to a Friday announcement from Madison Realty.

  • November 15, 2019

    Lloyd's Not Responsible For Developer's $3.5M Death Payout

    A Lloyd’s of London unit isn’t responsible for covering a developer’s $3.5 million judgment over a subcontractor employee’s death, as a previous settlement with the employee’s parents barred the pursuit of further claims, an Arizona federal judge ruled Friday.

  • November 15, 2019

    Masco Sells Cabinetry Biz To ACProducts In $1B Deal

    Home improvement and building products maker Masco Corp. said Friday it has agreed to sell its cabinetry business to Texas-based competitor ACProducts for $1 billion.

  • November 15, 2019

    AlarMax, Honeywell Settle Price Discrimination Suit

    A Pittsburgh security company's long-running dispute with Honeywell International Inc. appeared to have reached a settlement, after a mediator announced the case was resolved Thursday and a Pennsylvania federal court closed the case Friday, court records showed.

  • November 15, 2019

    SEC's Cognizant Bribe Suit Paused Amid Criminal Case

    A New Jersey federal judge cited the risk of conflicting rulings in pausing a U.S. Securities and Exchange Commission suit against the former president and chief legal officer of Cognizant Technology Solutions Corp. over an alleged bribery scheme until a related criminal case is resolved.

  • November 15, 2019

    Info Sharing Isn't Rate-Rigging, Big Banks Tell Cities

    Bank of America, Wells Fargo and a slew of other major financial institutions said Thursday that the two major cities accusing them of rigging bond rates are trying to spin standard information sharing into an antitrust conspiracy.

  • November 15, 2019

    Menards Says Excess Insurer Can't Ditch Share Of $6M Payout

    Menard Inc. told an Illinois federal judge Thursday that its excess insurer is trying to avoid paying its part of a $6 million personal injury settlement by citing contract provisions that aren't in the policy that it sold the home improvement chain.

  • November 15, 2019

    Taxation With Representation: Gibson, Cleary, Latham

    In this week’s Taxation With Representation, Compagnie de Saint-Gobain SA pays $1.4 billion for a drywall maker, an Apollo Global Management affiliate takes Tech Data private for $5.4 billion and a blank check company buys Grid Dynamics International.

  • November 14, 2019

    Subcontractors Say They're Owed For Parking Garage Work

    Two developers and their owners have alleged in North Dakota federal court that a construction company hasn't properly compensated them for subcontracting work done on a project to build a pair of parking garages.

  • November 14, 2019

    Wash. Localities Sue To Stop $4.2B Vehicle Tax, Fee Cuts

    Multiple Washington state localities have lodged a state court challenge to the constitutionality of a ballot measure that lowers or eliminates vehicle taxes and fees and will reduce state and local revenue by $4.2 billion over the next six years.

  • November 14, 2019

    Gas Well Construction Effects Only 'Temporary,' Court Says

    A western Pennsylvania town didn’t have to give extra weight to the “temporary” effects of building and drilling hydraulically fractured gas wells when considering its zoning laws, a state appellate court said Thursday.

  • November 14, 2019

    Trump 'Absolutely Immune' From NY Tax Probe, Justices Told

    President Donald Trump asked the U.S. Supreme Court on Thursday to find that he has “absolute immunity” from criminal investigations while president and to block the Manhattan district attorney's subpoena of tax and financial records from his accounting firm. 

  • November 14, 2019

    Real Estate Rumors: Dream Hotels, Zaragon, Carlyle

    A Dream Hotels venture has reportedly sold a Chicago property at a loss for $13 million, Zaragon is said to have dropped $12 million on a former USA Today distribution site in Florida, and a financing arm of Carlyle Group and Slate Property is said to have loaned $44 million for a Manhattan development site.

  • November 14, 2019

    PennEast Will Ask Justices To Undo 3rd Circ. Pipeline Ruling

    Developers of the $1 billion PennEast pipeline said Thursday they will seek U.S. Supreme Court review of the Third Circuit's ruling that PennEast can't seize New Jersey-owned land for the project, claiming the decision threatens to stymie gas development nationwide.

  • November 14, 2019

    JLL Lands $119M Loan For West LA Office Development

    Jones Lang LaSalle has arranged $119.3 million in construction financing for a 230,000-square-foot office development in West Los Angeles, the firm said Thursday.

  • November 13, 2019

    Israeli-Owned Co. To Pay $2.8M Over US Military Contract

    An American subsidiary of an Israeli construction company will pay the U.S. government $2.8 million and abandon $16 million in potential administrative claims, ending False Claims Act allegations that its Israeli parent actually did the work on a military port contract meant for U.S.-based companies.

  • November 13, 2019

    Fed. Circ. Spares Sears Vendor From $6M Wrench IP Verdict

    The Federal Circuit on Wednesday upheld a lower court decision to overturn a $6 million verdict against a Sears vendor for infringing a tool maker’s wrench patents, unpersuaded that a judge’s construction of a key term “inflicted the gravest harm imaginable” to the maker.

  • November 13, 2019

    Conn. Justices Back Insurers In Faulty Foundation Battles

    Connecticut's highest court has ruled that common terms found in homeowners insurance policies don't cover repairs to basement walls damaged by defective concrete foundations, dealing a serious blow to scores of state residents who have sought to have their insurers foot the bill for such expenses.

  • November 13, 2019

    CIT Finds Commerce's Ruling On Canadian Lumber Unlawful

    The U.S. Court of International Trade on Wednesday ordered the U.S. Department of Commerce to rethink its conclusion that certain cedar shakes and shingles made by Canada producers are subject to countermeasure tariffs on Canadian softwood lumber imports, saying that the determination is unlawful.

  • November 13, 2019

    Ore. Power Line Foes Fight BLM, Forest Service Approvals

    Opponents of a proposed long-distance power line in Oregon sued the Bureau of Land Management and the U.S. Forest Service over their authorizations for the project, which they say would permanently mar scenic areas that include portions of the historic Oregon Trail.

  • November 13, 2019

    Texas Pushes Back Against DOJ In Grid Project Law Case

    Texas has defended a recently enacted state law that dictates only incumbent transmission companies can build new power lines that connect to their existing systems, pushing back against arguments from the U.S. Department of Justice that the law discriminates against out-of-state entities.

  • November 13, 2019

    Caterpillar Can Now Deny Retiree Spouses Health Insurance

    The Sixth Circuit has relieved Caterpillar Inc. of its duty to provide health insurance to the surviving spouses of retirees who died after Jan. 10, 2005, ruling Wednesday that a 1998 union contract only promised those benefits to spouses of retirees who died while the contract was in effect.

  • November 13, 2019

    Ala. Tribe Fights Gambling Plan 'Misinformation Campaign'

    Alabama's Poarch Band of Creek Indians has blasted what the tribe says is a "public misinformation campaign" disparaging its proposed gambling plan that promises to fill the state's coffers with $1 billion in new revenue and create thousands of jobs.

Expert Analysis

  • What To Know Before Moving Your Supply Chain Out Of China

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    U.S. companies moving their supply chains to avoid Chinese tariffs should be aware of the complexities of U.S. Customs and Border Patrol country-of-origin determinations and the scope of U.S. Department of Commerce authority to impose tariffs on Chinese goods that originate outside of China, say attorneys at Covington.

  • State Net

    Wildfire Responses Resonate Beyond California

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    Firefighting practices are often shared between states, so what California does, or doesn't do, to prevent and combat wildfires has impacts beyond its borders. One lesson learned this year is that power shutoffs to prevent fires cause more problems than they solve, says Lou Cannon of State Net Capitol Journal.

  • Justices' Maui Ruling Could Change Groundwater Permitting

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    Oral arguments at the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund raise the possibility that the national permitting system for discharging wastewater into the ground will need to be retrofitted, says Marcia Greenblatt of Integral Consulting.

  • Resolving Warranty And Guaranty Confusion In Construction

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    It is essential that property owners, contractors and their lawyers understand the key distinctions between warranties and guaranties, and are mindful of these distinctions when drafting and enforcing prime construction contracts or subcontracts, says Michael Scheffler of Blank Rome.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Justices Seek Balance In Clean Water Act Case Arguments

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    In last week’s U.S. Supreme Court oral arguments in County of Maui v. Hawaii Wildlife Fund, justices searched for a standard for controlling indirect discharges to navigable waters that could prevent evasion of water quality protections without significantly expanding federal permitting requirements, say Ashley Peck and Alison Hunter of Holland & Hart.

  • Opinion

    In A Trade War, Everyone Loses

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    While some countries may temporarily benefit from bilateral trade disputes, in the long term, the Trump administration's protectionist strategy puts at risk the enormous achievements of the last decades, both in the U.S. and globally, says Anahita Thoms at Baker McKenzie.

  • Where A Litigator's Advice Can Improve Agreement Drafting

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    Transactional attorneys should consider consulting with litigation counsel when drafting certain contractual provisions — choice of law, choice of forum, attorney fees and others — that could come into play in a broad range of substantive disputes, says Adrienne Koch at Katsky Korins.

  • Pipeline Projects Face New Questions On Landowner Rights

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    The tension between the rights of landowners and pipeline developers has come to a head in two federal appellate courts and a Federal Energy Regulatory Commission announcement, muddling the historical clarity of Natural Gas Act eminent domain authority, say attorneys at K&L Gates.

  • High Court's Disgorgement Ruling Could Curb SEC Authority

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    The U.S. Supreme Court recently agreed to review Liu v. U.S. Securities and Exchange Commission, which challenges the SEC's ability to obtain disgorgement from federal courts, and has the potential to significantly restrict the regulator's enforcement power, say attorneys at Cleary.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • SEC's Fraud Enforcement Shows Quality, If Not Quantity

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    Over the course of the U.S. Securities and Exchange Commission's recently ended fiscal year, the regulator's Division of Enforcement fulfilled its promise to emphasize quality over quantity in cases alleging misrepresentations of financial performance by covering a wide swath of accounting, disclosure, internal control and auditor independence issues, say attorneys at Perkins Coie.