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Construction
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March 29, 2024
Silicon Valley Co. Planning New City Can Sue Landowners
A California federal judge has refused to throw out a suit claiming that landowners conspired to drive up the cost of land in Solano County near Sacramento as a mysterious entity backed by Silicon Valley bigwigs attempted to buy up land to build a brand new, sustainable city.
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March 29, 2024
Home Depot Asks High Court To Block $2.67B BCBS Deal
Home Depot has asked the U.S. Supreme Court to take up its challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, saying the deal immunizes activity that hurts competition.
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March 29, 2024
Real Estate Authority: Investment Bans, Extreme Heat, CRE
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 the legal patchwork of state actions barring foreign investment in real estate, the extreme threat presented by extreme heat, and the $870 billion in commercial real estate debt about to come due.
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March 29, 2024
DC Circ. Nixes Challenges To Gas Industry Projects
Federal energy regulators had broad discretion to approve "good cause" construction deadline extensions for a gas pipeline across New York state and a Texas Gulf Coast gas terminal expansion, according to a D.C. Circuit panel opinion on Friday that rejected conservation groups' challenges to the projects.
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March 29, 2024
Ferrosilicon Cos. Accuse Russia, 3 Others Of Unfair Trade
Two American ferrosilicon producers called for anti-dumping and countervailing duties on rival products from Russia and three other countries, which they said were underselling domestic ferrosilicon by unfair margins in the U.S. market.
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March 29, 2024
Dentons Europe Says Houston Co. Owes $4.7M In Legal Fees
International law firm Dentons Europe CS LLP has accused a Houston-area company, self-described as a leader in kidnap and ransom resolution and crisis response, of failing to pay more than $4.7 million in legal fees in connection with the development of a port in Africa.
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March 29, 2024
US Steel-Nippon Merger Gets Thumbs Up From ISS, Glass Lewis
U.S. Steel said Friday that proxy advisory firms Glass Lewis & Co. and Institutional Shareholder Services have recommended that U.S. Steel shareholders vote in favor of its planned $14.9 billion sale to Nippon Steel Corp.
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March 29, 2024
Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal
In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.
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March 28, 2024
PE Group Seeks $32.4M In Serbia Real Estate Arbitration
A group of companies in Cyprus and an associated Rand Investments Ltd. executive that are entangled in international arbitration over allegations that Serbia expropriated real estate in Belgrade have argued that Serbia owes them €30 million ($32.4 million) for their share of the land's value.
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March 28, 2024
Del. Judge Sends Panama Port Feud Back To Chancery
A Delaware federal judge has remanded litigation filed by a Hong Kong company alleging that its interest in a lucrative port project near the Panama Canal is being stolen, ruling in a novel decision that an underlying arbitration in Panama did not confer federal jurisdiction.
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March 28, 2024
GAO Faults State Dept. Reversal On Consulate Build Award
The U.S. Government Accountability Office backed an Illinois construction company's challenge to losing a deal to build a U.S. consulate compound in Turkey, rejecting the U.S. Department of State's contention that the company wasn't the same entity that met security prequalifications.
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March 28, 2024
Texas Wins Court Bid To Vacate Feds' Highway GHG Rule
A Texas federal judge has dealt the Biden administration a blow by vacating a new Federal Highway Administration rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects, saying Congress never gave the agency that authority.
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March 28, 2024
DOL Says Challenge To Prevailing Wage Rule Can't Stand
The U.S. Department of Labor said four entities failed to support their assertion that the department's final rule regulating prevailing wages will hurt them, urging a Texas federal court to toss those claims.
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March 28, 2024
Va. Landowners Return To Supreme Court In FERC Challenge
Virginia residents with property being condemned for the Mountain Valley Pipeline are asking the U.S. Supreme Court to review a D.C. Circuit decision dismissing their suit challenging the constitutionality of the Federal Energy Regulatory Commission's eminent domain authority, and its ability to delegate that authority to private companies.
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March 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.
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March 28, 2024
The Home Depot Buying PE-Backed SRS For $18.25B
The Home Depot said Thursday it has agreed to acquire SRS Distribution Inc., a private equity-backed distributor of roofing and building supplies, for $18.25 billion, inclusive of debt.
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March 27, 2024
Foreign Subsidy Rule Muddles 'Countervailable' Meaning
The U.S. Department of Commerce's new final rule authorizing itself to investigate subsidies that governments give to manufacturers in other nations casts uncertainty over the definition of "countervailable" in the absence of clarity on how third-party governments will be incorporated into these duty probes.
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March 27, 2024
Bricklayer Seeks OT Pay For Time On 'Shuttle' To Worksites
A bricklayer alleged that a California-based construction firm should have paid him and his fellow workers to ride a shuttle up to an hour each way to job sites, according to a proposed class action made public in Pennsylvania state court Wednesday.
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March 27, 2024
Navajo Sue Feds Over Withheld Forestry Program Funds
The Navajo Nation claims the U.S. Department of the Interior unlawfully withheld more than a million dollars in funding for its contracted forestry management program, telling a D.C. federal judge the department should be forced to provide the money and accept the funding agreements proposed by the nation.
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March 27, 2024
4th Circ. Overturns Fraud Ruling In Suit Over $4.5M Home Buy
The Fourth Circuit on Wednesday revived fraud claims brought by the buyers of a $4.5 million Virginia home who accuse the seller of lying about licenses and permits for improvements to lure them into the purchase, with the panel concluding a federal district court flubbed decisions on the claims.
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March 27, 2024
Casino Beats Suit Over Diabetic Customer's Fall
A now-shuttered floating casino that was moored in Lake Michigan can't be held liable for the fall of a longtime patron who injured her hip after tripping in a hallway that connected two boats, an Illinois federal court has ruled, finding the patron couldn't support any element of her premises liability claim.
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March 27, 2024
Justices Grapple With Complex $3M Estate Tax Dispute
The U.S. Supreme Court confronted a complicated dispute Wednesday over whether the estate of a deceased building supply company owner should be taxed on $3 million in life insurance proceeds the company used to buy his shares after his death, with two justices seeming to take opposing sides.
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March 27, 2024
City Leaders Nix Plan To Move Wizards, Caps To Virginia Site
Plans for the NBA's Washington Wizards and NHL's Washington Capitals to move from the nation's capital to a $2 billion sports and entertainment complex in northern Virginia came to an abrupt halt Wednesday afternoon, when the city of Alexandria, Virginia announced that its negotiations with Monumental Sports & Entertainment and owner Ted Leonsis "will not move forward.''
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March 27, 2024
Construction Orgs Call Prevailing Wage Rule Unconstitutional
Several construction groups said the U.S. Department of Labor is illegally trying to expand the reach of the Davis-Bacon Act with its final rule regulating prevailing wages, urging a Texas federal court to bring the rule to a screeching halt.
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March 27, 2024
Calif. High Court Gives Guideposts For What Counts As Work
The California Supreme Court's decision that a construction contractor must pay workers for the time they spent waiting in their cars to go through a security check before leaving the job site provides guideposts for determining when wages are owed in other scenarios, attorneys told Law360.
Expert Analysis
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California's Offshore Turbine Plans Face Stiff Headwinds
To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Series
ESG Around The World: The UK
Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Rebuilding The Construction Industry With AI
Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Mass. Bill May Alter Deals Involving Both Goods And Services
Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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EB-5 Investment Period Clarification Raises More Questions
U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.
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A Look At Competition Enforcers' 2026 World Cup Game Plan
Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.