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Construction
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May 08, 2024
Vietnam's Labor Issues Mar Bid For Market Economy Status
Representatives from U.S. industry, organized labor, and human rights advocacy urged the U.S. Department of Commerce to reject Vietnam's bid for market economy status Wednesday, denouncing its track record on labor rights.
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May 08, 2024
NAFTA Tribunal Orders US To Redo Duties On Canadian Wood
A panel assembled under the North American Free Trade Agreement ordered the U.S. to redo countervailing duties on Canadian softwood lumber, rejecting the U.S.' conclusion that Canadian lumber companies hadn't fairly paid Ottawa to harvest lumber on government property.
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May 08, 2024
Water-Damaged Conn. Hotel Sues Insurer For More Coverage
A Connecticut hotel took Sompo America Insurance Co. to state court after the insurer only partially covered substantial water damage that forced the newly opened lodge's closure and purportedly offered "nonsensical" justifications for denying full coverage.
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May 08, 2024
GOP Bill Aims To Fund Southwestern States' Border Barriers
States along the southwestern U.S.-Mexican border looking to build physical barriers or update existing ones could receive federal grants to do so under new legislation from a pair of Republican members of the House of Representatives.
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May 08, 2024
SEC Fines Real Estate Developer Over Unregistered Offering
A real estate development company and its owner will pay $250,000 to settle the U.S. Securities and Exchange Commission's claims they sold investors $1.4 million in promissory notes in an unregistered offering.
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May 08, 2024
Taliban's Unexpected Takeover Dooms Contractor's $1.5M Suit
An administrative appeals board refused to order the U.S. Army Corps of Engineers to reimburse a contractor for $1.5 million of equipment lost while evacuating Afghanistan, saying it couldn't have anticipated in 2019 a Taliban takeover just over two years later.
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May 08, 2024
No Reimbursement For $5.5M Crash Settlement, Insurer Says
A highway construction company is not entitled to reimbursement for a $5.5 million settlement in an underlying suit over multiple motorcycle accidents that killed one and injured two others, a subcontractor's insurer has told a North Carolina federal court, saying the company does not qualify as an additional insured.
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May 08, 2024
Conn. Builder Drops $4.7M Stamford Pavilion Delay Suit
A Connecticut general contractor has dropped its lawsuit accusing the city of Stamford and an architecture practice of causing delays in a $4.7 million project and driving up the building company's costs as it tried to build a pavilion in a city park.
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May 08, 2024
Colo. Lawmakers OK Historic Structure Tax Credit Extension
Colorado's tax credit for rehabilitation of historic structures would be extended and apply to structures as young as 30 years old under legislation approved by the Senate and headed to the governor.
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May 08, 2024
Jones Day Hires Eversheds Construction Law Partner In NY
Jones Day has hired a former Eversheds Sutherland construction litigation partner, who is joining the firm in New York to continue his practice focused on major infrastructure projects and other construction-related work, the firm recently announced.
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May 07, 2024
Astec Inks $13.7M Investor Deal Over Wood Pellet Plant Woes
An investor in manufacturer Astec Industries Inc. has asked a Tennessee federal judge for an initial green light on a $13.7 million deal to end claims the company misrepresented business prospects for its wood pellet plants.
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May 07, 2024
2nd Circ. Weighs Border Wall Fraud Juror's Tie To Prosecution
A Colorado man convicted of scheming to defraud donors to a campaign to build a southern border wall told the Second Circuit on Tuesday that his trial was tainted by a juror's family connection to the prosecution team.
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May 07, 2024
Judge Bars Prominent Expert From Vets' Contract FCA Trial
A D.C. federal judge on Tuesday refused to allow a former senior Small Business Administration official to testify in a pending False Claims Act trial over an alleged scheme to defraud a veterans' contracting program, saying the proposed testimony covered an irrelevant issue.
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May 07, 2024
Ways And Means Chairs Decry China Tariff Review 'Inaction'
The chairs of the House Ways and Means Committee and its Trade Subcommittee chided U.S. Trade Representative Katherine Tai in a letter Tuesday over her office's purported "inaction" in reviewing tariffs covering $300 billion worth of goods from China.
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May 07, 2024
Contract's 1-Year Limit Doesn't Block NC Mold Claims
A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.
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May 07, 2024
Alaska Tribes Say USDA Didn't Consult On Broadband Grants
Two Alaskan tribes are taking the U.S. Department of Agriculture to federal court after they say the agency gave away $70 million in funds meant to help connect them to the internet after falsely declaring them "served" without checking with the tribes, as they were legally obligated to do.
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May 06, 2024
Colo. Court Order Smashes Atty-Client Privilege, Insurer Says
The Colorado Supreme Court has agreed to take up an appeal of a Denver trial court order in a construction insurance case that an insurer warns would "eviscerate privilege protection for the vast majority of attorney-client privileged communications in society."
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May 06, 2024
NOLA Can't Arbitrate $51M Airport Defect Row With Insurers
A Louisiana federal judge granted a group of insurers a preliminary injunction Monday, relieving them from forced arbitration in a dispute over alleged design defects at a new $1 billion terminal of the Louis Armstrong New Orleans International Airport.
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May 06, 2024
GM Tells Mich. Justices Not To Heap On More Auto Regulation
General Motors urged the Michigan Supreme Court to reject a call to expand the reach of a state consumer protection law to the automotive industry and others, saying federal and state oversight already protects car buyers.
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May 06, 2024
Tribes, Groups Seek 9th Circ. Stay In Power Line Ruling
Two Native American tribes and conservation groups are asking the Ninth Circuit for a stay on an order that allows work to continue on a $10 billion power line, saying that without an emergency injunction, SunZia Transmission LLC will race to finish erecting its remaining towers before an appeal can be resolved.
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May 06, 2024
Feds' Emissions Subsidy Args Lack Specificity, Says Judge
The U.S. Court of International Trade affirmed the government's analysis on two of three criteria required to label South Korea's emissions credit system a countervailable subsidy, but it said the U.S. Department of Commerce came up short on specificity.
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May 06, 2024
Home Builder Beats NC Trade Secrets Suit
The North Carolina's business court scrapped an interior designer's claims that a competitor stole cabinetry designs and customer information when it hired a former employee, sparing only an accusation that the ex-worker embezzled money.
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May 06, 2024
Judge Questions Reason For Removing Chem Co. Wage Class
A Pennsylvania federal judge joined chemical company workers Monday in questioning whether the company had plausibly alleged that there were enough people in a proposed class to remove their wage suit from state court.
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May 06, 2024
Claims Court Won't Toss Dispute Over Army Corps Work Redo
A Court of Federal Claims judge on Monday refused to dismiss a lawsuit alleging the Army Corps of Engineers wrongly required a building construction contractor to redo its work, ruling the suit was not barred by a related previous case.
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May 06, 2024
Catching Up With Delaware's Chancery Court
A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.
Expert Analysis
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Opinion
Contractors Need Protection From NJ Homeowner Protections
A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.
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Opinion
NY Shouldn't Pair 421-a Restoration And Good Cause Eviction
The good cause eviction system of rent control should not be imposed in New York, nor should its legislation be tied to renewal of the 421-a tax abatement program, which New York City desperately needs, says Alexander Lycoyannis at Holland & Knight.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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A Rare Look At Judicial Interpretation Of LEG Exclusions
A Florida federal court’s order last month in Archer Western-De Moya v. Ace American Insurance and an earlier decision from a D.C. federal court offer insight into how courts may interpret defects exclusion clauses developed by the London Engineering Group — filling a void in case law in the area, says Jonathan Bruce at Holman Fenwick.
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What Recent Setbacks In Court Mean For Enviro Justice
Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.
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Series
ESG Around The World: Gulf Cooperation Council
The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.
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Steps For Companies New To Sanctions Compliance
Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.
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Contract Disputes Recap: The Terms Matter
Stephanie Magnell and Zachary Jacobson at Seyfarth examine recent decisions from the U.S. Civilian Board of Contract Appeals, the Armed Services Board of Contract Appeals and the U.S. Court of Federal Claims, which offer reminders about the importance of including contract terms to address the unexpected circumstances that may interfere with performance.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.