Construction

  • January 27, 2022

    Justices Asked To Mull Circuit Split On Lanham Act's Reach

    Hetronic Germany GmbH is asking the U.S. Supreme Court to weigh in on a $113 million trademark fight over radio control systems against a former U.S. partner, in a case that may address for the first time whether the Lanham Act's scope extends outside the U.S.

  • January 27, 2022

    Fla. High Court Says Arbitration Provision Runs With Land

    The Florida Supreme Court affirmed a ruling that sent a pair of homeowners to arbitration in their suit against U.S. Home Corp., finding Thursday that they are bound by an arbitration provision in the deed issued by the developer to the original owners of the house.

  • January 27, 2022

    Geothermal Co. Asks 9th Circ. To Let Plant Project Go Forward

    A Nevada geothermal plant developer has told the Ninth Circuit that it should lift a lower court judge's restraining order keeping it from starting construction, arguing that doing so is necessary to avoid major disruptions to its timeline and ability to meet key deadlines.

  • January 27, 2022

    DC Circ. Reluctant To Touch FERC Grid-Builder Decision

    The D.C. Circuit wasn't buying the argument Thursday morning that the Federal Energy Regulatory Commission contradicted itself by carving out an exception that allowed companies to skip the competitive contractor process when aiming to address "urgent reliability needs" for grid projects.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Real Estate Rumors: Lennar, Jubao Xie, Calmwater Capital

    Lennar Homes has reportedly dropped $22.5 million on 25.3 acres in South Florida, developer Jubao Xie is said to be seeking $187 million with the sale of the world's tallest Holiday Inn and Calmwater Capital is said to have loaned $34 million for a Queens, New York, warehouse.

  • January 27, 2022

    Biden Admin. Hit With FOIA Suit Over US Border Levee Walls

    Environmental advocacy group the Center for Biological Diversity slammed the U.S. Army Corps of Engineers on Thursday for refusing to hand over public records about the construction of what it says are new U.S.-Mexico border walls on levees along the Rio Grande Valley in Texas, according to a suit filed in District of Columbia federal court.

  • January 27, 2022

    DHS Adds 20,000 H-2B Visas Amid Labor Shortage

    The U.S. Department of Homeland Security and U.S. Department of Labor added 20,000 H-2B visas for temporary nonagricultural workers Thursday, after receiving enough applications to exhaust the 53,000 visas already at play in the first half of the fiscal year.

  • January 27, 2022

    Former Refinery Owner Reaches Deal In Ch. 11 Insurance Row

    The former owner of a Philadelphia oil refinery that suffered a catastrophic explosion in 2019 has reached a deal to resolve a dispute with insurers over coverage for the property damage sustained in the blast and ensuing fire.

  • January 27, 2022

    Cubs In Settlement Talks With DOJ Over Wrigley Accessibility

    The Chicago Cubs are in talks with the U.S. Department of Justice to resolve a compliance review of seating accessibility at Wrigley Field, according to Illinois federal court filings on Wednesday in a related Americans with Disabilities Act lawsuit against the team.

  • January 27, 2022

    Quinn Emanuel Links Up With Top Saudi Litigator

    Top international trial firm Quinn Emanuel Urquhart & Sullivan LLP has announced its association with a Saudi litigator as it looks to gain a foothold in major markets globally, saying the lawyer has broad experience representing clients in the kingdom of Saudi Arabia.

  • January 27, 2022

    $23M Fuel Arbitration Award Confirmed Against Haitian Gov't

    A New York federal judge has confirmed a $23 million arbitral award against the Republic of Haiti for failing to pay for fuel deliveries, after determining that the Caribbean nation had opportunities to present its case but decided against doing so.

  • January 27, 2022

    Allianz Unit's Negligence Claims Over Hotel Damage Revived

    The Georgia Court of Appeals revived an Allianz unit's negligence claim against a construction manager and its subcontractor over paying out $1.3 million for water damage at an Atlanta hotel.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    The Implications Of CFIUS' Rising Profile On M&A

    The Committee on Foreign Investment in the U.S. is viewed as an effective tool for policing mergers and acquisitions with foreign investment components, but experts say its increasing prominence means more legal work on the front end of deals, and a growing number of lawmakers say it should shoulder even more responsibility.

  • January 27, 2022

    Calif. Justices Back Worker-Friendly Test For Retaliation Suits

    Trial courts should use an evidentiary standard drawn from state law when evaluating whistleblower retaliation cases brought under California's labor code instead of a more stringent burden-shifting test commonly applied in federal discrimination suits, the California Supreme Court ruled Thursday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Insurer Eyes Win In $1.7M Faulty Stucco Coverage Fight

    Main Street America Assurance Co. urged a Pennsylvania federal judge to grant it an early win in a $1.7 million coverage dispute against a subcontractor accused of inadequately installing stucco in 34 homes, saying the claims are not covered under the provisions of its policy.

  • January 26, 2022

    CIT Judge Prods Feds On $74M Tariff Refund Refusal

    An importer fighting to recoup $74 million in tariffs appeared to sway the U.S. Court of International Trade against the government's jurisdictional arguments Wednesday, with Judge Timothy M. Reif questioning why the agency would refuse to apply a refund process it created.

  • January 26, 2022

    Chinese Investors Fight Proposed Axing Of EB-5 Fraud Suit

    A group of Chinese investors has urged a Florida district court to reject a magistrate's recommendation to permanently toss the investors' allegations that the developers of a Miami Beach hotel helped defraud them of millions they thought they were contributing to the project as part of a federal investment visa program.

  • January 26, 2022

    Trump NEPA Rule Fight Is A Non-Starter, 4th Circ. Told

    The U.S. Chamber of Commerce and other business groups on Tuesday urged the Fourth Circuit not to revive environmentalists' challenge to a Trump-era rule overhauling the National Environmental Policy Act, backing White House arguments that green groups can't fight a rule that hasn't been implemented.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Real Estate Rumors: Bank Hapoalim, Amazon, Ansca Homes

    Bank Hapoalim has reportedly loaned $33.2 million for a Brooklyn multifamily project, Amazon is said to be leasing 202,000 square feet in Los Angeles and Ansca Homes is reportedly hoping to rezone 10.2 acres in South Florida.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Scope, Circumvention, New Shippers: Key Rule Changes

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    William Isasi and Rishi Gupta at Covington suggest practices international trade practitioners should adopt in response to changes in U.S. Department of Commerce procedures for requesting scope and circumvention inquiries and new shipper reviews, especially in light of the newly retroactive application of some agency determinations.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • How Magistrate Judges Can Help Tame Large Product MDLs

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    As multidistrict product liability litigations swell in size, taking on board increasing numbers of individual cases that may lack merit, courts may want to consider employing magistrate judges to evaluate pending claims through streamlined summary judgment proceedings, says Douglas Smith at Aurelius Law Group.

  • Gov't Contractor Takeaways From Biden's Clean Energy Order

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    Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

  • 4 Consequences Of Gov't Contractor Antitrust Violations

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    Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • What Infrastructure Act Means For Transmission Line Projects

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    The Infrastructure Investment and Jobs Act gives the Federal Energy Regulatory Commission authority to supersede state siting decisions for electric transmission projects, but environmental review requirements make a sudden acceleration of transmission line construction unlikely, say attorneys at Winston & Strawn.

  • 6 Months On, Liability Lessons From Surfside Condo Collapse

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    The collapse of the Champlain South Tower in Surfside, Florida, and the ongoing litigation that has followed serve as a wakeup call to engineers and contractors, who should review best practices for communicating warning signs and negotiating liability-limiting contract clauses, says Adrien Pickard at Shapiro Lifschitz.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • New Anti-Dumping Rules Both Clarify And Complicate

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    The U.S. Department of Commerce's recent regulatory changes concerning anti-dumping and countervailing duty proceedings refine the process and helpfully eliminate steps for petitioners, but also create new hurdles for nonpetitioning parties, say William Isasi and Jordan Bakst at Covington.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Biden's Infrastructure Funding Comes With Strings Attached

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    ​The bipartisan infrastructure funding bill enacted last November ​creates new jobs and business opportunities, but ​its ​changes to domestic preferences and Made in America enforcement also give rise to new compliance hazards for unwary manufacturers and government contractors, say Jeffrey Belkin and Grecia Rivas at Alston & Bird.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

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