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Construction
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August 07, 2025
NC Biz Court Bulletin: Divorce Dust-Ups And Judicial Rebukes
Litigation in the North Carolina Business Court is heating up this summer with new complaints centered on fears a former state politician's divorce proceedings will impede his companies' operations and accusations that a climate technology company has failed to pay out a former engineer's ownership interest.
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August 06, 2025
6th Circ. Orders Redo Of Pension Fund Withdrawal Liability
The Sixth Circuit on Wednesday said a pension fund's actuary must redo his estimate of a Michigan-based paving company's withdrawal liability, likening the actuary to an oddsmaker giving a bad estimate of how many points a college basketball team will give up in a game because he is "just rude."
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August 06, 2025
Wells Fargo Beats Cert. Bid In Mortgage Racial Bias Suit
Mortgage applicants accusing Wells Fargo of discriminating against borrowers from racial minorities by charging them higher interest rates have been denied class certification, with a California federal court ruling they have failed to show sufficient commonality among their claims.
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August 06, 2025
Texas Judge Axes Wellhead Patent Allegations Over Alice
A Texas federal judge threw out allegations that fracking equipment maker Downing Wellhead Equipment infringed a pair of wellhead control mechanism patents, finding the patents do not pass muster under the U.S. Supreme Court's Alice test.
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August 06, 2025
Interior Dept. Reverses Approval Of Idaho Wind Farm
The U.S. Department of the Interior on Wednesday said it would reverse a Biden-era approval of a controversial wind farm in Idaho, the latest move by the Trump administration to restrict U.S. wind energy development.
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August 06, 2025
Toshiba Unit Can't Appeal Bench Trial Bid In Hydro Plant Row
A Michigan federal judge refused Wednesday to clear the way for a subsidiary of Toshiba to appeal her order denying a bench trial in a dispute over allegations that the electronics giant botched a $560 million upgrade at a power plant owned by DTE Electric Co. and Consumers Energy.
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August 06, 2025
Rising Star: Quinn Emanuel's Nasser Alrubayyi
Nasser Alrubayyi of Quinn Emanuel Urquhart & Sullivan LLP won a dismissal for Raza Co. in its dispute with Azmeel Contracting over a $450 million construction contract, along with other big courtroom victories, earning him a spot among the construction law practitioners under age 40 honored by Law360 as Rising Stars.
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August 05, 2025
Court Trims Most Of Contractors' Suit Against NJ Prosecutors
A New Jersey federal judge has trimmed the majority of claims brought against the Ocean County Prosecutor's Office by two contractors alleging they were illegally targeted in a criminal investigation over a business rivalry with an assistant prosecutor, ruling that the agency is protected by sovereign immunity.
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August 05, 2025
States Win Ruling To Shield FEMA Disaster Prevention Funds
A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.
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August 05, 2025
Property Co. Backs Calif. Tribe In $700M Casino Row
A property owner has urged a D.C. federal judge in an amicus brief to grant the Scotts Valley Band of Pomo Indians' quick win bid in the tribe's suit accusing the federal government of wrongfully blocking the tribe's $700 million casino project in Vallejo, California.
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August 05, 2025
Duane Morris Grows Trial Team With Construction Litigator
Duane Morris LLP is continuing to grow its trial practice group, announcing Tuesday that it has hired a former Harris Winick Harris LLP attorney who specializes in construction litigation.
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August 05, 2025
Housing Builder Boxabl Goes Public Via $3.5B SPAC Deal
Housing solutions company Boxabl Inc., advised by Winston & Strawn LLP, announced plans on Tuesday to go public via a merger with Loeb & Loeb LLP-led special purpose acquisition company FG Merger II Corp. in a deal that values the business at $3.5 billion.
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August 04, 2025
Subcontractor Can't Get Fees In Seattle Sewer Pipeline Saga
A Washington state appeals court panel will not let a subcontractor recoup roughly $500,000 in legal fees and costs tied to a construction firm's passthrough claims over a county-commissioned sewer pipeline project in Seattle, ruling on Monday the subcontractor was never dubbed the winner in the dispute.
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August 04, 2025
Davis Polk, Skadden Steer HNI's $2.2B Steelcase Acquisition
Workplace furnishing and residential building product manufacturer HNI Corp., advised by Davis Polk & Wardwell LLP, on Monday announced plans to acquire office, home and learning environment solutions maker Steelcase, led by Skadden Arps Slate Meagher & Flom LLP, in a $2.2 billion cash-and-stock deal.
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August 04, 2025
Fla. Tribe Joins Suit Over 'Alligator Alcatraz' In Everglades
A Florida tribe has joined green groups in hitting Homeland Security Secretary Kristi Noem and state officials with environmental claims that the immigration detention center known as "Alligator Alcatraz" constructed in the Everglades violates a slew of federal statutes.
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August 04, 2025
Home Depot's Self-Checkout Kiosks Violate BIPA, Suit Says
Home Depot was hit with proposed class biometric privacy claims Monday by a customer who says the facial recognition technology the retailer deploys at its self-checkout kiosks illegally scans, collects and uses consumers' geometric facial data without informed consent.
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August 04, 2025
4th Circ. Says Lead Paint Suit Rightly Returned To State Court
The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.
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August 04, 2025
NYC Music Venue Operator Hits Ch. 11 After Project Delays
Avant Gardner, a New York City music venue owner, filed for Chapter 11 in Delaware on Monday, saying renovation and permitting troubles at the Brooklyn Mirage, its largest venue, stopped it from hosting events in the space for the 2025 season.
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August 01, 2025
Real Estate Recap: Succession Planning, 'Build, Baby, Build'
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into how law firms are winning the succession game, and the Trump administration's efforts to cut red tape for data center projects.
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August 01, 2025
Alaskan Tribe's Breach Claim Axed In Gold Mine Permit Fight
An Alaska judge threw out a breach of trust claim against the federal government and a mining company in a challenge to a U.S. Army Corps of Engineers decision to issue a permit for an open gold mine near the Yukon border.
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August 01, 2025
Texas Bill Seeks Permanent Limit For Property Tax Increases
Texas would establish a permanent cap on increases in the appraised value of real property other than residence homesteads for property tax purposes if voters approve a proposed constitutional amendment authorizing the cap, as part of legislation filed in the state House of Representatives.
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August 01, 2025
Pennsylvania Legislation To Watch For The Rest Of 2025
Legislation working its way through the Pennsylvania Legislature this year includes bids to expand the state's consumer protection law to make it harder for companies to lock customers into automatically renewing subscriptions and for landlords to use software to collaborate with one another to inflate rents. Here are some bills to watch in the latter half of 2025.
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August 01, 2025
Developer Group Wants Pittsburgh Inclusionary Zoning On Ice
A Pittsburgh trade group has asked a Pennsylvania federal court to temporarily bar enforcement of a zoning ordinance mandating that large multifamily developments include affordable units, after the city's planning department demanded that a member comply with the ordinance.
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August 01, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen several telco giants hit with a trademark claim, a collapsed hotel company sue a property investor in an ongoing dispute over a decades-old hotel sale, and two litigation funders square off against each other.
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July 31, 2025
CSX Settles Derailment Suit With NC Mine On Eve Of Trial
CSX Transportation Inc. has agreed to settle its multimillion-dollar lawsuit against a North Carolina sand and gravel mine over a 2018 derailment during Hurricane Florence that destroyed its locomotives, ending the litigation just one week before trial was set to begin.
Expert Analysis
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Contract Disputes Recap: Terminations Galore
Attorneys at Seyfarth examine three recent decisions in which the Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals provide valuable insights into contract terminations, modifications and the jurisdictional requirements for claims.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Making The Opportunity Zones Program Great At Last
As the opportunity zone program approaches its expiration, the Republican-led government could take specific steps to extend and improve the program, address its structural flaws, encourage broader participation and enable it to live up to its promised outcomes, say attorneys at Pillsbury.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.