Construction

  • June 01, 2020

    Contractors Can't Escape Insurer's $1.4M Water Damage Suit

    A Massachusetts federal judge on Monday rejected construction contractors' bid to escape a suit brought by Factory Mutual Insurance Co., which alleged that negligence caused more than $1.37 million in water damage at a Novartis facility.

  • June 01, 2020

    5th Circ. Told Texas Power Grid Law Is Unconstitutional

    A new Texas law that only allows incumbent transmission companies to build new power lines is an example of "blatant discrimination by statute" and should be struck down as unconstitutional, an attorney for a NextEra Energy Inc. unit told the Fifth Circuit on Monday.

  • June 01, 2020

    Coronavirus Q&A: Cohen Milstein's Tort Litigation Chair

    In this edition of Coronavirus Q&A, a Cohen Milstein Sellers & Toll PLLC partner representing people who have suffered catastrophic injuries, who also serves as an advocate for trial attorneys, discusses how the COVID-19 pandemic has affected client intake and lobbying efforts.

  • June 01, 2020

    Mexican Rebar Co. Hit With Higher Duties After Prior Evasion

    A Mexican rebar producer will face expanded anti-dumping duties after the U.S. Department of Commerce determined on Monday that the company circumvented its duty order by slightly bending the ends of its bars before exporting them.

  • June 01, 2020

    Trade Court Won't Touch Dumping Duty On Chinese Bearings

    The U.S. Court of International Trade on Monday rejected a Chinese company's challenge to a 92.85% anti-dumping duty on its roller bearings, finding the company should have raised its objections to Commerce before jumping to litigation.

  • June 01, 2020

    Texas Panel Says Contract Talks Aren't Protected Free Speech

    Investment company United Development Funding LP can't escape a Texas developer's $10 million business interference lawsuit under a state free speech protection law because communications about the developer's contracts don't address a public concern, a Texas appellate panel ruled.

  • June 01, 2020

    Feds Sue Contractor For False Claims On NJ Turnpike Project

    The U.S. government has sued a construction company and accused it of violating the False Claims Act by claiming to work with businesses run by socially and economically disadvantaged individuals during its time as a subcontractor on a New Jersey Turnpike project.

  • June 01, 2020

    Texas Can't Reverse $28.8M Jury Verdict Over Highway Project

    The state of Texas lost a bid to undo a $28.8 million jury award in a lawsuit brought against it by a developer who said the Grand Parkway toll road project and the related condemnation of 40 acres tanked the value of the site for a proposed residential development.

  • June 01, 2020

    EPA Defends Easing Pollution Enforcement Policy For Virus

    The U.S. Environmental Protection Agency told a federal court that environmental groups suing it for relaxing how it handles pollution standards noncompliance during the coronavirus outbreak are seeking unreasonable relief for a hypothetical injury.

  • June 01, 2020

    Coronavirus Q&A: Goulston Real Estate Leaders

    In this edition of Coronavirus Q&A, two of Goulston & Storrs' real estate leaders discuss the challenges of reopening in Boston and beyond, and note that trouble could be looming later this year for the multifamily sector.

  • June 01, 2020

    EPA Finalizes Restraints On State, Tribal Water Permit Power

    The U.S. Environmental Protection Agency on Monday hobbled the authority of states and tribes to block projects like pipelines, export terminals and dams over Clean Water Act concerns, saying the power had been abused to unfairly restrict commerce.

  • May 29, 2020

    3rd Circ. Revives ADA Suit Over Faulty Disability Analysis

    The Third Circuit on Friday revived a truck driver's suit alleging Patrick Industries fired him for taking medical leave to recover from a lung biopsy procedure, saying a lower court fumbled its analysis of whether he was regarded as disabled under federal anti-discrimination law.

  • May 29, 2020

    5th Circ. Agrees With EPA's Review Of Exxon Refinery Permit

    The Fifth Circuit on Friday upheld the U.S. Environmental Protection Agency's decision not to oppose Exxon Mobil Corp.'s air pollution permit application to enlarge a Texas petrochemical plant, rejecting arguments the permit should have received more scrutiny.

  • May 29, 2020

    Gov't Contracts Of The Month: Virus, Space And Google Deals

    The federal government looked to the future in May, injecting $1.2 billion into AstraZeneca's candidate COVID-19 vaccine and infusing billions into the U.S.'s space-bound ambitions. Other megadeals include remediation of a nuclear site and Google's partnership with the Pentagon.

  • May 29, 2020

    DOJ, Doormaker Defend Private Tie-Up Challenges At 4th Circ.

    The importance of private litigants to U.S. antitrust enforcement was a significant part of oral arguments on Friday, as the U.S. Department of Justice and a doormaker urged the Fourth Circuit not to upend a first-of-its-kind divestiture order against a rival company.

  • May 29, 2020

    ITC Says US Industry May Be Harmed By Steel Wire Imports

    There is reasonable evidence to suggest that the U.S. industry is hurt by steel wire imports from overseas, the U.S. International Trade Commission said Friday in voting to continue an investigation into imports from 15 countries.

  • May 29, 2020

    Lawmakers Say DOI's Trust Decision 'Infringed' On Congress

    The U.S. Department of the Interior exceeded its lawful powers when it revoked trust land from a Massachusetts tribe in March, a bipartisan group of members of Congress have written in an amicus brief filed in D.C. federal court.

  • May 29, 2020

    Real Estate Rumors: CIM Group, IBM, Lone Pine Capital

    CIM Group is reportedly on the hunt for $396 million in financing for a New York City office property, IBM is said to be leaving its 70,000 square feet of space at a Manhattan WeWork property, and Lone Pine Capital has reportedly inked a deal to lease 8,102 square feet on Madison Avenue.

  • May 29, 2020

    9th Circ. Urged To Rethink Asbestos Coverage Reversal

    A pool company has asked the full Ninth Circuit to rehear a case over whether it is responsible for homeowners' asbestos-related claims, arguing that a panel had misapplied California law by letting the company's previous owner off the hook for some of the liability.

  • May 29, 2020

    Borrowers Denied Cert. In Green Home Loans Suit

    A federal judge in California on Thursday denied a bid for class certification in a suit accusing a green home upgrades financing company of misrepresenting the terms of its loans, telling the borrowers they didn't show they had actually viewed various versions of the company's alleged misrepresentations.

  • May 29, 2020

    Supervisor Claims Cell Tower Builders Failed To Pay OT

    A former crew leader for a pair of Texas-based telecom infrastructure firms has slapped the companies with a Fair Labor Standards Act suit alleging they skimped on overtime pay and reimbursements while he was overseeing 4G tower builds.

  • May 29, 2020

    Va. City Approves Pamunkey Tribe As Casino Operator

    The City Council of Norfolk, Virginia, has given the thumbs-up to the Pamunkey Indian Tribe to run a proposed waterfront resort and casino, voting under a state-required process for the tribe to act as its preferred operator.

  • May 28, 2020

    Insurer Tells 7th Circ. Coverage Doesn't Apply In Injury Suit

    Columbia Insurance Group Inc. told the Seventh Circuit Thursday that a lower court incorrectly found it had a duty to defend two property companies as additional insureds in a man's lawsuit over injuries he suffered at work.  

  • May 28, 2020

    LA Councilman's Ex-Aide Latest To Admit To Bribery Schemes

    A former aide to Los Angeles City Councilman Jose Huizar became the latest City Hall figure to agree to plead guilty to taking part in bribery schemes under investigation by federal authorities, according to court records unsealed Wednesday.

  • May 28, 2020

    9th Circ. Bars Pipelines From Water Permit During Appeal

    New oil and gas pipeline projects can't use an expedited Clean Water Act permitting process while the federal government and Keystone XL pipeline developer appeal a judge's order barring the use of the permit, the Ninth Circuit said Thursday.

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • 4th Circ. Seems Leery Of Divestiture Order In Doormaker Case

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    The Fourth Circuit's questions at oral arguments in the Steves and Sons v. Jeld-Wen antitrust case indicate that the district court's unprecedented order requiring Jeld-Wen to divest part of its business as an equitable remedy seems like the most likely basis for reversal, say Lauren Weinstein and Lauren Dayton at MoloLamken.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Opinion

    Keystone XL Ruling Paralyzes Infrastructure Permit Process

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    A Montana federal judge's recent ruling revoking water permits for the Keystone XL pipeline and imposing a nationwide moratorium on dredging and filling operations by the U.S. Army Corps of Engineers seriously undermines a tried and true regulatory process, say Tom Magness at Grow America's Infrastructure Now and Patrice Douglas at Spencer Fane.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Texas Case Could Put Electronic Agreements In Jeopardy

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    A dispute between staffing firm Aerotek and four former employees over enforceability of electronic arbitration agreements, currently being petitioned for review by the Texas Supreme Court, could signal a big problem not only for employers but all companies that transact business outside of their own locale, says Abby Brown at Moye White.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Contingent Fees A Great Option For Cos. During Downturn

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    In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • Opinion

    The Post-Pandemic Workplace Needs Better Safety Regulation

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    Allowing businesses to reopen without emergency regulations from the Occupational Safety and Health Administration and with liability protections for businesses send a terrible, confidence-sapping message to workers and consumers, and will unnecessarily jeopardize economic recovery, says Charles Jeffress, former assistant secretary at OSHA.

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