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Construction
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March 04, 2024
Feds Escape $603K In Atty Fees Despite Customs' Loss
The U.S. Court of International Trade has found that Customs officials reasonably, albeit wrongly, determined that an importer skirted tariffs on Chinese saw blades, holding that the importer can't foist the $603,000 legal bill it incurred in an ultimately successful fight onto the government.
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March 04, 2024
Justices Won't Review Concrete Co. Licensing Fight
The U.S. Supreme Court on Monday turned away a petition arguing that state courts are "eroding" the rule requiring clear evidence that a party agreed to arbitrate a particular dispute, in a case centering on an arbitral award favoring a concrete company in a licensing feud.
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March 04, 2024
Trump's Former Finance Chief Pleads Guilty To Perjury
Allen Weisselberg, the longtime former financial chief of Donald Trump's real estate business empire, admitted Monday to lying under oath in the New York attorney general's civil fraud case as part of a plea deal to serve five months in jail.
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March 01, 2024
McDermott Investors' Cert. Bid Should Be Denied, Judge Says
Investors in energy industry engineering company McDermott International Inc. shouldn't be granted class certification in their suit over the company's $6 billion all-stock acquisition of Chicago Bridge & Iron Co., a federal magistrate judge has determined.
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March 01, 2024
Iowa Co.'s Ongoing Need For Workers Sinks H-2B Bid
A U.S. Department of Labor appeals board backed the department's denial of a pre-engineered building manufacturer's bid to temporarily hire 25 foreign workers, saying the Iowa company failed to show that its need for the workers was indeed temporary.
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March 01, 2024
Construction Co. Loses $492M Corps Deal Protest
The Court of Federal Claims has shot down a construction company's contention that the Army Corps of Engineers awarded a $492.3 million cutoff wall project deal despite the awardee having a deficient subcontractor commitment letter, saying the letter wasn't needed.
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March 01, 2024
Off The Bench: NCAA Loses On NIL, DC Wins With Stadium
In this week's Off The Bench, a judge unlocked the door to name, image and likeness money for college athletes, Shaquille O'Neal's Hollywood debut still rings true three decades later, and D.C. clears an early legislative hurdle in its bid to bring back its namesake NFL team. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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March 01, 2024
Ky. Sees $74M Boost For Abandoned Mine Cleanup Work
The U.S. Department of the Interior said it is awarding Kentucky another $74 million in funding to help the state address dangerous and polluting abandoned mines.
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March 01, 2024
Enviro Group Loses Challenge To NJ Wind Farm Plan
A New Jersey federal judge has tossed a challenge by a Garden State advocacy group and its founder to two offshore wind projects, including Orsted A/S' now-scrapped plan, ruling that the group failed to show how it is actually injured.
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March 01, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.
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February 29, 2024
DOJ Says Court Rehab Means Ga. Bid Rig Case Must Move
Construction at Savannah, Georgia's federal courthouse means three men accused of conspiring to rig bids for millions of dollars' worth of ready-mix concrete contracts will have to be tried in a college town a couple of counties over, according to the DOJ.
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February 29, 2024
Lima Denies Contractor's Call For Sanctions In $140M Row
Lima has asked a D.C. federal judge to deny a highway contractor's bid for attorney fees as it looks to enforce nearly $140 million in arbitral awards against the Peruvian city, saying the contractor wrongly claims that the city's attempts to vacate the awards are sanctionable.
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February 29, 2024
Fed. Circ. Won't Revive Flood Suit Over Cherokee Casino
A Federal Circuit Court of Appeals panel on Thursday denied an Oklahoma landowner's bid to overturn a lower court's ruling that the federal government isn't liable for flooding damage to her property due to activity at a nearby Cherokee Nation casino, saying that the claim requires proof that the matter is a "direct, natural or probable result" of its actions.
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February 29, 2024
Sofia Vergara, Contractor Near Arbitrating Most Of $1.7M Suit
Attorneys for Sofia Vergara and a construction company told a Los Angeles judge on Thursday that they have agreed to arbitrate all but one of the company's claims that the actress and her partner owe $1.7 million for property renovations at a $26 million California mansion.
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February 29, 2024
Ex-Philly Union Manager Gets Extortion Trial Delayed
Former Philadelphia union leader John "Johnny Doc" Dougherty on Thursday successfully petitioned to delay his upcoming extortion trial to give his defense attorneys more time to prepare on the heels of his embezzlement conviction last year.
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February 29, 2024
NY Tabs Equinor, Orsted Projects For Offshore Wind Deals
New York officials on Thursday awarded power contracts to offshore wind projects being developed by Equinor and an Orsted-Eversource partnership, the first contracts awarded under a revised bidding process aimed at combating macroeconomic headwinds buffeting U.S. offshore wind development.
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February 29, 2024
GE Denies Ties To La. Environmental Contamination Suit
General Electric has told a Louisiana federal judge it should be freed from a lawsuit seeking to hold it liable for widespread environmental contamination caused by a since-closed pressure valve manufacturing facility in Rapides Parish, saying the property owners behind the suit are relying on a misguided theory of liability.
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February 29, 2024
Contractors Join Chorus Against Digital Discrimination Rule
A group of wireless contractor trade groups are joining the slew of industry interests challenging the Federal Communications Commission's new digital discrimination order in the Eighth Circuit.
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February 29, 2024
NC Judge Trims Family Paving Co.'s Dueling Self-Dealing Jabs
The North Carolina Business Court has pruned a family quarrel over the alleged mismanagement of their construction company, narrowing one side's claims that a longtime officer siphoned company funds for his own gain while simultaneously slashing certain counterclaims accusing a faction of the family of plotting a takeover.
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February 28, 2024
Skeptical DC Circ. Probes Treaty's Arbitration Applicability
A D.C. Circuit panel on Wednesday seemed dubious about efforts by Spain and Romania to escape the enforcement of substantial arbitration awards based on the contention that European Union law prohibits arbitration between member states and European investors.
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February 28, 2024
Fla. Judge OKs $43.5M Deutsche Bank Deal In Ch. 15 Case
A Florida bankruptcy judge on Wednesday approved a $43.5 million settlement between Deutsche Bank AG and liquidators for a group of Caribbean-based companies to resolve claims against the bank for its alleged role in a real estate Ponzi scheme targeting rich South Americans.
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February 28, 2024
Rochester Loses Telecom Fee Bench Trial Over Hearsay
Verizon Communications and Crown Castle Fiber have won their fight with Rochester, New York, over how much the city can charge telecoms to do business after the New York federal judge overseeing the case declared the city's cost spreadsheet to be hearsay.
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February 28, 2024
Energy Dept. To Give Tribes $25M For Clean Energy Tech
The U.S. Department of Energy has said it is paying out $25 million in funds to Indigenous tribes for clean energy technology on tribal lands as part of an approximately $366 million Biden administration plan to support community-driven energy projects in rural areas.
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February 28, 2024
Drilling Services Co. Must Face Suit Over Worker's Injury
A company that provides power to oil drilling operations must face an indemnification lawsuit after a worker was electrocuted while fixing a downed line, according to a Colorado federal judge's order finding that the case wouldn't interfere with the worker's injury suit.
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February 28, 2024
Win For DC's NFL Stadium Bid As House Approves Bill
A bill that would clear a path for the Washington, D.C., city government to build a new stadium for the NFL's Commanders on the site of the team's former stadium was passed by the full House on Wednesday and sent to the Senate, possibly paving the way for the team to return to the city.
Expert Analysis
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief
In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Looking For Defense Contract Appeal Trends In Annual Report
A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
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2nd Circ. Holding Could Disrupt SEC Disgorgement Methods
A recent Second Circuit decision in U.S. Securities and Exchange Commission v. Govil that held disgorgement to be an equitable remedy has the potential to substantially disrupt the SEC's long-standing approach to monetary remedies in many of the cases the agency brings, say attorneys at Debevoise.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
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A Bird's Eye View Of NYC's New Parapet Inspection Law
Building owners in New York City should be ready for the city's new parapet inspection requirements going into effect in January, which will likely necessitate additional construction work for countless buildings not previously subject to formal inspections, says Benjamin Fox Tracy at Braverman Greenspun.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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AI Use May Trigger False Claims Act's Public Disclosure Bar
The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.
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Unpacking GAO's FY 2023 Bid Protest Report
The U.S. Government Accountability Office's recent bid protest report reflects an increase in sustained protests, illustrating that disappointed offerors may see little reason to refrain from seeking corrective action — but there is more to the story, say Aron Beezley and Patrick Quigley at Bradley Arant.