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Construction
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March 25, 2024
Atlanta Wants Ex-Eatery's 'Spurious' Demolition Suit Tossed
The city of Atlanta has asked a Georgia federal judge to dismiss a property owner's suit accusing it, its property review board and its police department of trying to illegally demolish the property, once set to become a Starbucks coffee shop, without proper notification.
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March 25, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.
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March 25, 2024
Owens Corning Extends $3.9B Masonite Deal Review
Construction materials manufacturer Owens Corning has agreed to give antitrust enforcers more time to review a planned $3.9 billion deal to purchase door-maker Masonite International Corp.
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March 25, 2024
Texas Judge Extends Stay On Border Wall Funding Order
A Texas federal judge briefly extended a pause on an injunction directing the Biden administration to use funding Congress appropriated to build physical barriers on the Southwest border for that purpose, as the administration asks for clarification of the order, saying it could otherwise make it hard to build anything.
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March 25, 2024
DLA Piper Taps New Co-Chair of US-Africa Practice In DC
DLA Piper has hired a new co-leader of its U.S.-Africa practice, whose experience includes 27 years working at the African Development Bank, where he helped create an African investment banking system with $3 billion in capital, the firm announced last week.
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March 25, 2024
Minn. Bill Seeks Tax Credit For Building Conversions
Minnesota would allow tax credits for certain costs related to the conversion of underutilized buildings to other commercial uses under legislation introduced Monday in the state Senate.
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March 25, 2024
Justices Won't Review 11th Circ. $285M Arbitrator Bias Suit
The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards issued to the operator of the Panama Canal, a case that the petitioners said raised questions about the standard by which courts may nix awards over an arbitrator's "evident partiality."
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March 22, 2024
Up Next At High Court: Abortion, Jury Trials And Estate Tax
The U.S. Supreme Court will hear oral arguments this week over the U.S. Food and Drug Administration's decision expanding access to popular abortion pill mifepristone as well as whether juries should determine a defendants' eligibility for repeat offender enhanced sentencing under the Armed Career Criminal Act and how long federal employees have to appeal adverse employment decisions.
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March 22, 2024
Prostitutes, Wiretaps, Payoffs: Key LA RICO Witness Tells All
A witness in former Los Angeles deputy mayor Ray Chan's racketeering trial testified Friday about trying to boost his high-end cabinetry business by procuring prostitutes for a city council member, paying more than $150,000 in bribes and attempting to give a city official $10,000 at Chan's behest.
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March 22, 2024
Real Estate Authority: NAR, Climate, Data Center Dollars
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on how the National Association of Realtors could shift broker fees, what the country's patchwork of climate action plans means for real estate, and why private equity is hot on data centers.
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March 22, 2024
Justices Asked To Review $36M Sanctions Order In TM Case
A man who works in the field of marketing and ad copywriting has asked the U.S. Supreme Court to overturn a $36 million sanctions order against him and several companies in a trademark case.
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March 22, 2024
11th Circ. Says Pipefitting Co. Must Rehire Union Workers
A Georgia pipefitting company violated federal labor law when it prematurely terminated a project labor agreement with a union, then fired or rescinded job offers to 18 union-represented workers, the Eleventh Circuit ruled Friday, upholding decisions by a National Labor Relations Board panel and an agency judge.
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March 22, 2024
Commerce Lifts Block On Transnational Subsidy Probes
The U.S. Department of Commerce erased a nearly 40-year-old regulation on Friday so it can impose countervailing duties on subsidies China provides its trade partners, despite opposition from foreign governments that the move would conflict with World Trade Organization obligations.
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March 22, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the BBC and Wall to Wall Media hit with a passing off lawsuit by musician BOSSIIE, Poundland parent company Pepco Group file a commercial fraud claim against several mobile network giants, family law specialists Alexiou Fisher Philipps LLP start proceedings against former oil trader Michael Prest, and a transgender lawyer file a libel claim against a blogger. Here, Law360 looks at these and other new claims in the U.K.
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March 21, 2024
LA City Official Ran Secret Consulting Firm, RICO Jury Told
Former Los Angeles Deputy Mayor Raymond Chan secretly ran an outside real estate consulting firm for years while still employed at City Hall and covertly worked to help get his client's planned $700 million hotel renovation approved, his former business partner testified Thursday at Chan's federal racketeering trial.
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March 21, 2024
DOL Says Prevailing Wage Rule Hasn't Hurt Construction Orgs
The U.S. Department of Labor asked a Texas federal court to dismiss construction industry trade organizations' bid to unwind a 2023 rule revising prevailing wage methodologies for federal construction projects, saying the groups failed to assert viable injuries.
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March 21, 2024
Year Deadline On Inspection Tort Is 'Absurd,' Ga. Justices Told
A lawyer for the family of a man who was killed when his home's retaining wall collapsed told the Supreme Court of Georgia on Thursday that the home's inspector should be liable for his death, calling a one-year cutoff on litigation asserted by the inspector "absurd."
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March 21, 2024
Panama Seeks To Enforce $4.8M Arbitration Award
Panama urged a Florida federal court on Thursday to enforce a $4.8 million arbitral award against a Miami businessman and his construction firm following a dispute stemming from contracts to build hospitals, a municipal hall, a courthouse and other facilities.
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March 21, 2024
UN Cautiously Optimistic For Trade 'Rebound' This Year
Global trade in both goods and services was up in the first quarter of 2024, the United Nations Conference on Trade and Development reported Thursday, forecasting a "rebound" this year after a difficult 2023.
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March 21, 2024
Asbestos Claimants Balk At Subpoena For Claims Data
The asbestos injury claimants in the two Chapter 11 cases of CertainTeed spinoff DBMP LLC and Aldrich Pump LLC have asked a North Carolina judge to reject DBMP's request to access Aldrich Pump's asbestos claims records, saying it is unnecessary and invading the claimants' privacy.
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March 21, 2024
Ohio Biz Can't Revive Tariff On Brazilian Cold-Rolled Steel
An Ohio-based steel company wasn't able to unravel a U.S. International Trade Commission decision that freed Brazilian cold-rolled steel from tariffs, after the U.S. Court of International Trade ruled the commission hadn't erred while evaluating the effect of the imports on the domestic industry.
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March 21, 2024
Home Depot Reaches $20M Class Deal In False Blind-Ad Suit
Home Depot has reached a roughly $20 million proposed class settlement to resolve allegations that it falsely advertised window treatments as discounted on Blinds.com and other websites, even though the products had never been offered at full price.
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March 21, 2024
TTAB Rejects 'ZPile' TM As 'Descriptive' Of Metal Sheet Piles
A construction materials company's attempt to register "ZPile" as a trademark has failed at the Trademark Trial and Appeal Board, which affirmed an examining attorney's denial of the mark because it's "merely descriptive" of a term known in the industry as a type of metal sheet pile.
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March 21, 2024
Cos. Push For Held-Up Power Line Through Wildlife Refuge
Power companies and the U.S. government are asking a Wisconsin federal judge to reject conservation groups' bid to block a land swap allowing the Cardinal-Hickory Creek transmission line to cross the Upper Mississippi National Wildlife and Fish Refuge, with the judge putting any execution of the deal temporarily on hold in advance of a Friday hearing.
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March 21, 2024
Construction Atty Moves Practice To Snell & Wilmer In Dallas
Snell & Wilmer LLP's geographic footprint and full-service capabilities helped convince a seasoned commercial litigator to move his real estate and construction law practice from Cokinos Young PC to the firm's Dallas office.
Expert Analysis
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Series
ESG Around The World: European Union
As the EU makes ESG regulation a priority, companies — both those based in the EU and others just doing business there — need to keep abreast of myriad new legislation that has either already taken effect or will in the near future, as noncompliance could result in fines, damages and director liability, say attorneys at Steptoe & Johnson.
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What To Consider When Converting Calif. Offices To Housing
In light of California legislators' recent efforts to expedite the process for converting offices into residential buildings, developers should evaluate both the societal upsides, and the significant economic and legal hurdles, of such conversions, says Steven Otto at Crosbie Gliner.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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3 Action Items For Contractors Facing A Gov't Shutdown
Federal contractors can help ensure they are well situated to endure a potential government shutdown by reviewing project funding levels and contractual stop-work clauses, and communicating with contracting officers and subcontractors about their respective obligations, says Derek Mullins at Butzel Long.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.
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Checking In On How SuperValu Has Altered FCA Litigation
Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.
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Series
Participating In Living History Makes Me A Better Lawyer
My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.
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Insurance Cos. Are Stretching Construction Standard Limits
In the construction sector, the importance of closely vetting downstream parties' insurance policies has never been more critical — owners and general contractors need to be on the lookout for ever broader carrier-specific expansions of standard insurance provisions that are perilous for risk transfer, says Eric Clarkson at Saxe Doernberger.
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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The 3 E's Of Limiting Injury Liability For Worker Misconduct
The Fifth Circuit’s recent ruling in TNT Crane & Rigging v. Occupational Safety and Health Review Commission lays out key safety practices — establish, educate and enforce — that not only can help protect workers, but also shield companies from workplace injury liability in situations when an employee ignores or intentionally breaks the rules, says Andrew Alvarado at Dickinson Wright.
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Contract Disputes Recap: Avoid Pleading Errors' Harsh Effects
Zachary Jacobson and Stephanie Magnell at Seyfarth examine three recent cases that illustrate the severe consequences different pleading errors may have on a government contractor's ability to pursue a contract dispute, sometimes forever precluding relief regardless of the merits of a claim.
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What Wis. High Court Ruling Means For Coverage Analysis
Overturning insurance law precedent in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recently rejected the use of the economic loss doctrine and integrated systems analysis in commercial general liability cases, but a strongly worded concurrence could indicate that the court's opinion may have limited persuasive reach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.