Construction

  • April 12, 2021

    NY Judge To Freeze Accounts Tied To 'Missing' Atty's Firm

    A New York state judge on Monday moved to freeze multiple bank accounts associated with Manhattan real estate firm Kossoff PLLC after numerous clients came forward last week claiming that managing partner Mitchell Kossoff is missing, along with millions in their funds.

  • April 12, 2021

    White House Enviro Office Rescinds Trump-Era Guidance Rule

    The White House on Monday rescinded a January rule promulgated by the Trump administration that established procedures for guidance documents from the Council on Environmental Quality, saying the rule would interfere with its own priorities.

  • April 12, 2021

    Couple To Pay $1.6M In EB-5 Visa Fraud Case

    A California federal court issued a writ of execution for $1.6 million Monday against a couple accused of conning a would-be EB-5 investor out of $1.5 million in the latest twist in the long-running fraud suit.

  • April 12, 2021

    Fed. Circ. Upholds Duty Order Over Exhaustion Requirement

    The U.S. Court of Appeals for the Federal Circuit on Monday rejected a Chinese roller bearing manufacturer's challenge to anti-dumping duties, upholding the lower court's decision to toss the case because the firm filed its lawsuit prematurely.

  • April 12, 2021

    FERC Urged To Nix Catskills Hydropower Project

    Opponents of a proposed upstate New York hydroelectric project urged the Federal Energy Regulatory Commission Monday to nip it in the bud, arguing it would compromise a major Big Apple drinking water source and that local governments' opposition dooms the project anyway.

  • April 12, 2021

    Insurance Co. Wants Out Of $20M Suit Over Fatal Auto Crash

    Great American Insurance Co. has asked a Georgia federal judge to declare it's not obligated to indemnify several construction companies facing $20 million in wrongful death claims stemming from a motorcycle crash.

  • April 12, 2021

    Travelers Gets Sanctions Lifted In Caterpillar Discovery Fight

    An Illinois appellate court has vacated a contempt and sanctions order against a Travelers unit for failing to produce certain unredacted documents in an insurance dispute over coverage of a $46 million settlement in a lawsuit against Caterpillar Inc.

  • April 12, 2021

    Construction Material Cos. Say Driver Can't File OT Action

    Construction material companies tried to chuck a collective action claiming they cheated drivers of overtime pay by misclassifying them as independent contractors, saying the workers signed away their right to collective litigation in their contracts.

  • April 12, 2021

    Ariz. AG Says Biden Border Wall Change Needs Enviro Review

    Arizona's attorney general said Monday that he is suing the Biden administration over its move to halt construction of the southern border wall, arguing that the decision could increase the state's population and therefore required an environmental analysis that was not done.

  • April 12, 2021

    Real Estate Rumors: Iron River, Accurate Builders, Estate Cos.

    An Iron River Management affiliate has reportedly sold a Florida apartment complex for $40.2 million, Accurate Builders and Developer is said to have landed $145.7 million in financing for two New Jersey residential projects, and Estate Cos. has reportedly scored nearly $29.5 million in financing for a project to convert a shuttered Florida hotel into apartments.

  • April 12, 2021

    Ex-NFLer Settles 'Dream Home' IP Case Before Trial

    After four years of contentious litigation, a former New England Patriots linebacker and the builder he said tried to violate his copyright on a "dream home" settled Monday just hours before a bench trial was set to kick off.

  • April 09, 2021

    Biden Budget Ask Addresses Border Issues, Asylum Backlogs

    President Joe Biden's 2022 budget request to Congress, unveiled Friday, includes a heavy immigration focus, with $10 billion in humanitarian assistance to vulnerable people abroad, nearly half that amount for refugee resettlement and a 21% funding increase for immigration courts.

  • April 09, 2021

    Texas Legislation Raises Red Flags For Clean Energy Cos.

    Clean energy advocates are concerned that the Texas Legislature's attempt to prevent future winter storm blackouts is an overcorrection that would hinder wind and solar development in the Lone Star State.

  • April 09, 2021

    Biden Seeks $753B For Defense As GOP Bemoans 'Cuts'

    The Biden administration will ask Congress for $753 billion to support national defense programs next year, according to the White House budget request unveiled Friday, boosting military spending slightly even as the administration emphasizes "neglected" non-defense discretionary items.

  • April 09, 2021

    Jury Awards $1.9M In Construction Insurance Coverage Suit

    An Illinois federal jury awarded roughly $1.9 million to a construction company after finding United Fire & Casualty Insurance Co. breached its fiduciary duty and acted in bad faith when defending the company in an underlying lawsuit.

  • April 09, 2021

    CIT Ends Challenge To 216% Chinese Furniture Duties

    The U.S. Court of International Trade refused to partially refund importers the costs of steep anti-dumping duties on Chinese bedroom furniture, ruling Friday that U.S. Customs and Border Patrol timely liquidated their imports.

  • April 09, 2021

    GAO Says Contract Bidder Lacks Standing To Revise Process

    The U.S. Government Accountability Office on Friday denied a construction firm's attempt to redo a solicitation issued by the U.S. Army, finding that the company did not have standing to challenge the solicitation on behalf of other potential bidders.

  • April 09, 2021

    Biden's DOT Budget Ask A Boost For Rail And Transit

    The U.S. Department of Transportation would see a $3.2 billion bump in discretionary spending under a 2022 budget proposal the White House unveiled Friday, with passenger rail and transit projects seeing the biggest boosts as President Joe Biden seeks to advance ambitious infrastructure investment goals.

  • April 09, 2021

    Biden Seeks 21% Boost For EPA Funding

    President Joe Biden is seeking a 21% budget increase for the U.S. Environmental Protection Agency and billions more for climate investments, a dramatic reversal from the Trump administration, which consistently sought to gut the agency's funding and largely ignored climate issues.

  • April 09, 2021

    ACS Throws Hat Into Ring For €10B Italian Toll Operator

    Spanish building company ACS said Friday it has offered to buy Autostrade per l'Italia from Italian roadway and airport operator Atlantia at a valuation of up to €10 billion ($11.9 billion), in a move that comes as Atlantia weighs a separate bid for the toll operator.

  • April 09, 2021

    Real Estate Rumors: Power Petroleum, NorthBridge, Merrimac

    Power Petroleum has reportedly paid $11.25 million for a Florida gas station and retail building, NorthBridge Partners is said to have paid $21 million for a Maryland development site and Merrimac Ventures is reportedly hoping to build 716 residential units in Florida.

  • April 09, 2021

    Johnson Controls Inks Up To $870M Deal For Data Center Co.

    Irish building security, fire safety and heating, ventilating and air conditioning company Johnson Controls plans to acquire Canadian hyperscale data center company Silent-Aire in a Cleary Gottlieb-advised deal worth up to $870 million, the companies announced Friday.

  • April 09, 2021

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

    The past week in London has seen Microsoft hit with an antitrust suit over software licenses, Britain's new high-speed rail service face another contract challenge and one of the first lawsuits related to a massive container ship that blocked the Suez Canal. Here, Law360 looks at these and other cases.

  • April 08, 2021

    Calif. Gov. Newsom Reveals $536M Wildfire Prevention Plan

    After the state's worst wildfire season in modern history, California Gov. Gavin Newsom and other lawmakers announced a $536 million proposal on Thursday that aims to bolster wildfire response and prevention efforts in the Golden State.

  • April 08, 2021

    Jurors Told Ex-Chief Engineer Stole Underwater Drilling IP

    FMC Technologies Inc. told a Harris County jury as trial got underway Thursday that it was betrayed by its former chief engineer, who stole proprietary information — including designs, programs, files and drawings — about lucrative sub-sea technology used for oil and gas drilling and took it to a direct competitor.

Expert Analysis

  • Partial Repeal Could Resolve Biden's SALT Cap Dilemma

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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