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Construction
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March 12, 2024
No Jail Time For Brothers In NYC Mayor Straw Donor Case
Two brothers at the helm of a Queens construction safety company won't serve any prison time for their roles in a straw donor scheme that inflated public funding for New York City Mayor Eric Adams' 2021 campaign, a judge ruled Tuesday.
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March 11, 2024
Panama Port Fight Belongs In Chancery Court, H.K. Co. Says
A Hong Kong company alleging that its interest in a lucrative port project near the Atlantic entrance to the Panama Canal is being stolen has urged a Delaware federal court to remand its lawsuit back to the Chancery court, saying the suit's removal last month was a delay tactic.
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March 11, 2024
Contractor Wants Mich. Judge To Rethink Agreement Order
A demolition company has urged a Michigan federal judge to reconsider his finding that the number of labor contracts between its parent association and a union fund was ambiguous and needed more thought by an arbitrator, saying evidence on the record shows that the contractor was bound by just one agreement.
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March 11, 2024
Fla. Biz Owner Says Insurer Left Co. On Hook For $12M Award
The owner of a Florida Keys construction and landscaping company told federal jurors Monday that it made no sense for National Indemnity Company of the South to tender the policy limits to his employee involved in a fatal crash while leaving the company exposed and forced to go to trial, where it was hit with an $11.8 million judgment.
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March 11, 2024
Atlanta Must Pay EPA $485K Fine Over Trail Construction
The city of Atlanta will be forced to pay a $485,000 fine to the U.S. Environmental Protection Agency over its unauthorized construction of a public trail along a protected creek after a Georgia federal judge ruled Monday that the project had violated the terms of a decades-old consent decree.
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March 11, 2024
Travelers Owes No Coverage For Mo. Wall Mishap, Judge Says
Travelers has no duty to provide over $1.4 million to a St. Louis area property developer for administrative expenses and loss of rental income stemming from a retaining wall failure, a Missouri federal court ruled Monday, finding such coverage didn't extend to additional insureds on a general contractor's policy.
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March 11, 2024
Biden DOT Budget Targets Aviation Safety, Private Jet Use
The Biden administration is seeking to impose new fees on private jet users, boost aviation industry hiring and accelerate transit, highway and other infrastructure projects under a $109.3 billion budget request for the U.S. Department of Transportation that the White House unveiled Monday.
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March 08, 2024
Biden Administration Must Use Border Wall Funds, For Now
A Texas federal judge on Friday ordered the Biden administration to use funds Congress specifically designated for the Southwest border wall to continue construction, issuing a preliminary injunction and finding that Texas and Missouri could face substantial harm to their state budgets without the injunction.
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March 08, 2024
Real Estate Authority: SEC Climate Regs, State Of The Union
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on key news from this week by state — as well as how President Joe Biden aims to improve affordable housing and what the U.S. Securities and Exchange Commission's new climate rule means for public real estate companies.
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March 08, 2024
Ex-DA Heads Into Trial On Bribe-Induced Prosecution Charges
A former top prosecutor will soon head to trial in Honolulu federal court over charges that a CEO funded his re-election campaign in exchange for the filing of baseless charges targeting an enemy of the donor, putting before a jury the claim that an officer of the court abused his power to threaten a citizen's liberty.
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March 08, 2024
Construction Co., Ex-Worker Settle Travel-Time Wage Suit
A Western Pennsylvania construction worker has settled his unpaid-wages suit against Home Pro Remodelers LLC, closing his claims that the company didn't pay him for travel time or time spent on work sites without a supervisor present.
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March 08, 2024
Ex-NJ Transit Exec Says Fears Over $2B Project Led To Firing
NJ Transit's ex-chief of construction management, who was overseeing the largest project in the agency's history, claims that his 2023 firing was retaliation for raising concerns about what he called design defects in the $2.3 billion endeavor to replace the aging Portal Bridge over the Hackensack River.
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March 08, 2024
Detroit-Area Bars' Challenge To Parking Plan Gets Bounced
A Michigan federal judge has trimmed a group of restaurants and bars' challenge to a Detroit suburb's plans to replace a parking lot their customers use with a mixed-use building, finding the eateries' financial success isn't protected under federal law.
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March 08, 2024
11th Circ. Declines To Hear Building Defect Coverage Dispute
It's too early to determine whether a Florida federal court erred in its coverage determinations in a long-running construction defect insurance dispute, the Eleventh Circuit has ruled, finding that the "purported final judgment here does not dispose of all claims against all parties."
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March 08, 2024
Ohio Panel Revives Gov't Contract Overseer's Breach Suit
An Ohio appellate court revived a government contract administration company's suit against a state agency it claimed cut its revenue by millions by diverting potential projects from the firm despite their third-party administrator contract, reversing a lower court's decision that the claim was filed too late.
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March 08, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barclays initiate legal proceedings against top Russian private bank JSC Alfa-Bank; Lex Greensill, founder of the collapsed Greensill Capital, suing the U.K.'s Department for Business and Trade; Wikipedia's parent company hit with a libel claim; and a sports journalism teacher filing a data protection claim against Manchester United FC. Here, Law360 looks at these and other new claims in the U.K.
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March 08, 2024
Taxation With Representation: Fried Frank, Latham
In this week's Taxation with Representation, Viavi acquires Spirent, Cadence Design Systems purchases Beta Cae Systems International, and United Rentals buys Yak.
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March 08, 2024
Direct Pay Regs Would Lift Major Barrier For Energy Projects
A U.S. Treasury Department proposal to give partnerships access to direct payments of tax credits for green energy projects would lift a significant barrier that has prevented tribes, municipalities, schools and nonprofits from capitalizing on joint ownership arrangements.
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March 07, 2024
$285M Panama Canal Case Must Be Reviewed, Justices Told
A contractor enlisted on a multibillion-dollar project to widen the Panama Canal is urging the U.S. Supreme Court not to ignore an "open conflict" among lower courts over the vacatur standard for evident partiality, as the justices get ready to issue a certiorari decision that will likely come later this month.
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March 07, 2024
Tesla's $6M Solar Roof Deal OK'd After Objector Backs Down
A California federal judge on Thursday approved Tesla's $6.08 million class action settlement and class counsel's $1.5 million fee request resolving allegations Tesla deceptively raised prices of its solar roof tile system after a class member dropped her sole objection mid-hearing upon learning she'll receive $17,000 under the settlement.
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March 07, 2024
Biden Touts Antitrust Stance As Move To Lower Housing Cost
President Joe Biden in his State of the Union address praised his administration's position backing antitrust lawsuits against rental algorithm companies RealPage Inc. and Yardi, and he urged Congress to support his plan to build or renovate 2 million affordable units, establish a tax credit for first-time homebuyers and other steps aimed at lowering housing costs.
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March 07, 2024
11th Circ. Urged To Restore Qui Tam Over Small Biz Contracts
The U.S. Department of Justice argued Thursday in support of reinstating a qui tam lawsuit against two companies that gained control of a small Florida construction business, telling the Eleventh Circuit that they were not qualified for a government program that awards contracts to firms owned by socially and economically disadvantaged individuals.
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March 07, 2024
Va. Senate Leaves Proposed NBA, NHL Arena Out Of Budget
The plan to build a $2 billion sports and entertainment complex to house the Washington Wizards and Washington Capitals in the northern Virginia suburbs was derailed on Thursday, when it was left out of the upcoming budget approved by the state Senate's Finance and Appropriations Committee, leaving questions about if or when the project will be revived.
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March 07, 2024
White House Moves To End Highway 'Buy America' Waivers
The Biden administration on Thursday proposed eliminating waivers to domestic production requirements for items used in federal highway building.
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March 07, 2024
Asbestos Claimants Refuel Bid To Chuck Bestwall Ch. 11
Mesothelioma victims seeking recompense for asbestos exposure are taking another stab at throwing out the bankruptcy case of Georgia-Pacific unit Bestwall LLC, telling a North Carolina federal judge that the papermaker has abused the bankruptcy process to shield itself from liability.
Expert Analysis
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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.
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How To Create A California-Compliant Piece-Rate Pay Policy
Piece-rate compensation can encourage worker efficiency and productivity, but California has special rules for employers that use this type of pay plan, so careful execution and clear communication with employees is essential for maintaining compliance, says Ashley Paynter at Riley Safer.
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Series
ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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What New EPA Enforcement Initiatives Mean For Industry
With the U.S. Environmental Protection Agency's recent announcement that climate change, per- and polyfluoroalkyl substances, and coal ash will be major investigation and enforcement targets in the coming years, the oil and gas, chemical, and waste management sectors should anticipate increased scrutiny, say Jonathan Brightbill and Madalyn Feiger at Winston & Strawn.
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Bat's Newly Endangered Status Likely To Slow Development
A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Opinion
Laws Based On Rapid Drug Tests Are Unscientific And Unfair
Given the widespread legalization of marijuana, states are increasingly implementing laws to penalize drivers under the influence of drugs, but the laws do more harm than good as the rapid tests they rely on do not accurately measure impairment, say Josh Bloom and Henry Miller at the American Council on Science and Health.
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Self-Disclosure Lessons From Exemplary Corp. Resolutions
With scant examples of corporate resolutions in the wake of U.S. Department of Justice self-disclosure policy changes last fall, companies may glean helpful insights from three recent declination letters, as well as other governmental self-reporting regimes, say Lindsey Collins and Kate Rumsey at Sheppard Mullin.
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The Heat Is On For Calif. Employers Under New OSHA Rules
California's Occupational Safety and Health Administration recently proposed rules would require significant efforts from employers in order to create heat safety protections for indoor workers — so they should take initiative now to get in compliance and ensure a safe and cool working environment, says Eric Fox at Quarles & Brady.
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Offshore Wind Auction Results Portend Difficulties In Gulf
Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Bid Protest Spotlight: Unfair Advantage, Buy American Waiver
In this month's bid protest roundup, James Tucker at MoFo offers takeaways on one decision that considers unfair proposal development advantages in the context of an employee's access to nonpublic information in a prior federal government position, and another decision that reconsiders a contract award based on an inadequately supported waiver of Buy American Act restrictions.