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Construction
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April 25, 2024
Biden Permitting Reform To Fast-Track Power Line Approvals
Streamlined federal permitting for electric transmission projects is expected to shave years off the authorization process and speed up development of new power connections, according to a final new rule released on Thursday by the Biden administration.
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April 25, 2024
3 Things Attys Should Know About Pa.'s $48B Spending Plan
Several areas of Pennsylvania Gov. Josh Shapiro's proposed $48 billion budget for 2024-2025 could result in more work for the legal industry, including more opportunities for crafting economic development deals, getting a recreational cannabis industry off the ground, and speeding up environmental permit applications, experts tell Law360.
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April 25, 2024
Treasury Finalizes Rules On Sales Of Green Energy Credits
The U.S. Department of the Treasury released final rules Thursday to facilitate the sale or transfer of clean energy tax credits by project owners under a new way to monetize the incentives created by the 2022 landmark climate law.
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April 24, 2024
Construction Supplier Threatened Us, Distribution Execs Say
Current and former executives for construction distribution companies told a Denver jury Wednesday they believed a Berkshire Hathaway-owned construction supply company pressured them not to do business with a smaller rival, with one witness saying he initially stuck with the Berkshire supplier because it didn't seem like an "idle threat."
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April 24, 2024
DOL Says Firm 'Repeatedly' Misclassified Highway Workers
The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.
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April 24, 2024
Insurer Wants Other Carrier's Third-Party Coverage Suit Axed
An insurer asked a Colorado federal court to toss Acuity's third-party suit alleging breach of contract in a coverage dispute over a construction defect arbitration proceeding, saying the claim failed because there is no privity of contract between the two carriers.
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April 24, 2024
Texas Appeals Panel Partially Reverses Atty's Fee Victory
An Austin, Texas, trial lawyer who defeated a breach of fiduciary duty claim brought after he represented one half of a business partnership that went sour has had part of his victory overturned, with a Texas appellate court Wednesday determining that the trial court overstepped when also throwing out a fee claim against the attorney.
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April 24, 2024
Feds' 'Sparse' Explanations Call For Remand, Says Rebar Co.
An error and "sparse" justification underpinning a countervailing duty assessment required the U.S. Court of International Trade to remand the results of the fifth review of Turkish rebar tariffs, counsel told CIT Judge Gary S. Katzmann on Wednesday.
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April 24, 2024
Mass. Golf Course Manager Gets 13 Months For Tax Fraud
A Massachusetts golf course manager was sentenced to 13 months in prison after pleading guilty to tax charges, following prosecutors' accusations that he manipulated contracts with a home developer to deflate their value.
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April 24, 2024
US Solar Cos. Call For Duties On Cells From Southeast Asia
Seven U.S. solar manufacturers on Wednesday called on the U.S. government to impose duties on solar cells from four Southeast Asian countries, saying a surge in production in those countries — much by Chinese-owned companies — has been undercutting the domestic market.
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April 24, 2024
Biden Admin Closes $362M Loan To Texas EV-Wiring Maker
The Biden administration has finalized a $362 million loan to help pay for a Texas automotive-wiring component plant, a move intended to boost the U.S. domestic supply chain for electric vehicles.
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April 24, 2024
DTE Says Toshiba Must Share Info On $500M Plant Upgrade
Michigan's largest energy companies want to force Toshiba Corp. to disclose details about its allegedly botched work on a hydroelectric plant, arguing it can't claim the documents are confidential just because they were shared with prospective buyers.
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April 24, 2024
Landlords Bring NY Rent Law Challenge To High Court Again
Thirteen New York property owners urged the U.S. Supreme Court to review their challenge to two 2019 changes to New York rental laws, arguing that the suit is the better-tailored vehicle Justice Clarence Thomas signaled interest in when denying a similar challenge in January.
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April 24, 2024
California Atty Must Face Defamation Claims Over Texts
An Orange County attorney cannot hide behind claims of litigation privilege and must face defamation claims over disparaging text messages he sent about a contractor working on his home, a California state appeals court said Tuesday.
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April 23, 2024
Monsanto Judge Slashes $857M PCB Jury Verdict
A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.
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April 23, 2024
$12M Chicago Toxic Demolition Settlement Receives Final OK
An Illinois federal judge gave his final blessing to a group of Chicago residents' $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.
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April 23, 2024
Chinese Foam-Making Chemicals Dominate Market, Co. Warns
The U.S. subsidiary of an Israel-based chemical manufacturer urged the U.S. government Tuesday to impose anti-dumping and countervailing duties on Chinese-origin alkyl phosphate esters, saying imports of the chemical commonly used in making polyurethane foam are taking over the U.S. market.
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April 23, 2024
NJ Appeals Court Backs State's Siting Regs For Solar Projects
A New Jersey state appeals court on Tuesday upheld project-siting requirements under a Garden State law encouraging new solar development, rejecting a renewable energy industry group's argument that the requirements are unlawfully strict.
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April 23, 2024
Baltimore Sues Owners Of Ship That Crashed Into Key Bridge
Baltimore wants the owners and operators of the cargo ship that knocked down a part of the Francis Scott Key Bridge to pay for the rebuild and cover billions of dollars of revenue the city will likely lose out on while its port is shut down, according to a federal complaint the municipality's leaders filed Monday.
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April 23, 2024
Trade Court Orders Feds To Rethink Canadian Lumber Duties
The U.S. Court of International Trade ordered the U.S. Department of Commerce to redo countervailing duties on Canadian lumber, saying the department must better explain its refusal to check whether suppliers for investigated companies had received government subsidies.
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April 23, 2024
Cleveland-Cliffs Execs Say US Steel-Nippon Deal Is 'Dead'
Cleveland-Cliffs Inc. executives said Tuesday that U.S. Steel is "denying reality" as it continues to pursue its $14.9 billion sale to Japan's Nippon Steel, suggesting that the deal is effectively "dead" following President Joe Biden's opposition to it and that the Ohio-based steel manufacturer remains the only viable buyer.
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April 23, 2024
Locke Lord Wins Appellate Review Of Malpractice Suit
Locke Lord LLP has convinced a New Jersey state appellate court to review a trial court's ruling rejecting the firm's attempt to evade a malpractice suit alleging that it mishandled a transaction involving an oil refinery project in North Dakota.
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April 23, 2024
Hunton Hires Martin Marietta Assistant GC In San Francisco
Hunton Andrews Kurth LLP said Tuesday it is growing its environmental team by bringing in a land use and mining expert as a partner in the firm's San Francisco office from building supply company Martin Marietta Materials Inc., where he was assistant general counsel.
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April 23, 2024
Jury Finds Ex-Ecuadorian Official Guilty Of Money Laundering
A Florida federal jury on Tuesday found the former comptroller of Ecuador guilty on all counts charged against him by the government, which accused him of taking millions of dollars in bribes and directing his son, a banker in Miami, to launder the money.
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April 22, 2024
DOJ Antitrust Concerns Topple $960M Insulation Biz Merger
Insulation and building material provider TopBuild Corp. said Monday it has terminated its $960 million agreement to buy mechanical insulation provider Specialty Products & Insulation from private equity firm Incline Equity Partners, saying it was unable to reach a deal with the U.S. Department of Justice over antitrust concerns.
Expert Analysis
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Opinion
New La. Gas Pipeline Projects Must Respect Rules And Rights
As pipeline developers rush to join in Louisiana's Haynesville Shale gas boom, established operators like Energy Transfer are justified in demanding that newer entrants respect safety rules, regulatory requirements and property rights when proposing routes that would cross existing pipelines, says Joshua Campbell at Campbell Law.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Preparing For A New Wave Of Litigation Under Silicosis Rules
After the Division of Occupational Safety and Health of California issued an emergency temporary standard to combat noncompliance with assessments of workers' exposure to particles of crystalline silica, companies that manufacture, distribute or sell silica-containing products will need aggressive case-specific discovery to navigate a new wave of litigation, say attorneys at Dechert.
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Bid Protest Spotlight: Standing And A Golden Rule
In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
ESG Around The World: Brazil
Environmental, social and governance issues have increasingly translated into new legislation in Brazil since 2020, and in the wake of these recently enacted regulations, we are likely to see a growing number of legal disputes in the largest South American country related to ESG issues such as greenwashing if companies are not prepared to adequately adapt and comply, say attorneys at Mattos Filho.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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High Court Case Could Reshape Local Development Fees
If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.
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CFTC Moves May Boost Interest In Voluntary Carbon Markets
As companies try to reduce their net greenhouse gas emissions, many have been cautious about embracing voluntary carbon credit markets — but recent moves by the U.S. Commodity Futures Trading Commission to regulate this sector may address some of its well-known challenges, say Deborah North and Laura Daugherty at Cleary.
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2 SEC Orders Illuminate Bribery Risks For US-China Cos.
The U.S. Securities and Exchange Commission’s foreign bribery-related resolutions with 3M and Clear Channel offer important takeaways on compliance risks for companies with operations in China, from the role of traditionally low-risk vendors to gaps in internal accounting controls, say attorneys at Miller & Chevalier.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Employer Lessons From NLRB Judge's Union Bias Ruling
A National Labor Relations Board judge’s recent decision that a Virginia drywall contractor unlawfully transferred and fired workers who made union pay complaints illustrates valuable lessons about how employers should respond to protected labor activity and federal labor investigations, says Kenneth Jenero at Holland & Knight.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.