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Construction
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April 16, 2025
Interior Dept. Halts Work On East Coast Offshore Wind Farm
U.S. Secretary of the Interior Doug Burgum said Wednesday that he has directed the Bureau of Ocean Energy Management to immediately freeze all construction activities on the Empire Wind offshore wind energy project south of New York's Long Island.
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April 16, 2025
3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge
The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.
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April 16, 2025
Mich. Exec Gets Prison As Judge Rips White Collar Wrist Slaps
A Michigan federal judge said Wednesday that he couldn't offer probation to a former asphalt company executive, saying the $17 million his company received as part of a bid-rigging scheme with competitors warrants some prison time to deter white collar criminals from thinking they can escape with a more lenient sentence.
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April 16, 2025
Interior Transfers 110,000 Acres To Army For Border Security
The U.S. Department of the Interior is transferring 110,000 acres of federal land along the southern border to the U.S. Army to support Border Patrol as part of a sweeping effort by the Trump administration to crack down on illegal immigration.
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April 16, 2025
Mass. High Court Revives BU Contract Suit Against Architect
Massachusetts' highest court ruled Wednesday that a six-year limit on tort claims due to design defects in a construction project under a Boston University athletic field doesn't apply to a contract dispute between the school and an architectural firm that explicitly agreed to cover such costs.
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April 16, 2025
Locke Lord Escapes Refinery's Suit Over $2.5M Loss
A New Jersey state appeals court said Wednesday Locke Lord LLP's office in the state isn't a strong enough tie to establish jurisdiction in an oil company's legal malpractice suit over the company's $2.5 million loss connected to a North Dakota refinery project.
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April 15, 2025
Trump Cites U.S. Security To Investigate Critical Minerals Tax
President Donald Trump on Tuesday issued an executive order launching a so-called Section 232 national security tariff investigation into the United States' reliance on imported processed critical minerals, citing his belief that "an overreliance ... could jeopardize U.S. defense capabilities."
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April 15, 2025
Trump Orders Overhaul Of Federal Contracting Rules
President Donald Trump issued orders Tuesday aimed at simplifying and reducing the costs of federal contracting for both government and contractors, directing agencies to pare back the Federal Acquisition Regulation to only "essential" requirements and to prioritize commercial item purchases.
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April 15, 2025
Seller Of NC Concrete Co. Cements Midtrial Victory
A North Carolina federal judge has cut short a jury trial in which the former owner of a concrete business in the state was accused of manipulating financial records to sell her company, siding with the defense in a directed verdict after the plaintiffs rested.
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April 15, 2025
DC Circ. Again Nixes Challenge To $44B Alaska LNG Project
The D.C. Circuit rejected a challenge by conservation groups against the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska, ruling Tuesday the department's conclusion regarding uncertainty over the project's effects on greenhouse gases was supported by "overwhelming evidence" in its environmental impact statements.
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April 15, 2025
FTC Wants More Time To Examine $5.3B H&E Rentals Deal
H&E Rentals has withdrawn and refiled its intent to sell itself to rental equipment company Herc Holdings for a whopping $5.3 billion in order to give the Federal Trade Commission more time to scrutinize the deal for competition concerts.
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April 15, 2025
Chinese Real Estate Developer Hit With Involuntary Ch. 11
Three creditors of Chinese real estate developer Xinyuan Real Estate Co. Ltd. filed an involuntary bankruptcy petition against the company late Monday, saying it is in default on $170 million in note debt.
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April 15, 2025
Avoid 'Prescriptive' Pole Upgrade Rules, Telecoms Say
An industry group warned the Federal Communications Commission that it would be a bad idea to impose broad new rules to expedite broadband upgrades to utility poles at a time when the FCC is looking to cut the number of telecom regulations.
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April 15, 2025
Submarine Cable Rules Need To Follow NIST, Feds Told
Companies that use undersea cables should have flexibility in how they develop their individual cybersecurity plans — as long as those plans comply with the framework laid out by the government's National Institute of Standards and Technology, a trade group is telling the Federal Communications Commission.
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April 15, 2025
DC Maintains, Expands Tax Exemptions For NBA, NHL Arena
The District of Columbia maintained and expanded tax breaks for the property and airspace of Capital One Arena, home to the NBA's Washington Wizards and NHL's Washington Capitals, as part of legislation that became law, according to a notice published in the district's register.
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April 14, 2025
Covington, Latham Guide In Lowe's $1.3B Artisan Design Buy
Lowe's, advised by Covington & Burling LLP, has entered a definitive agreement to buy Dallas-based interior finishing company Artisan Design Group for more than $1.3 billion, expanding the reach of the American home improvement retail giant's professional services, dubbed Lowe's Pro, Lowe's announced Monday.
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April 14, 2025
Workers Want Countertop Co. Found Liable For Lapsed Benefits
Participants in a countertop contractor's employee benefit plan urged a Georgia federal court Friday to grant them a partial win in their proposed class action alleging All Concepts LLC, its related home services company and two of its fiduciaries' failure to send premium payments to insurers meant the plans couldn't pay their benefits.
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April 14, 2025
Monsanto's 11th Trial Kicks Off In Seattle Over School PCBs
Nearly two dozen people told a Washington state jury Monday that they were slowly sickened by Monsanto-made toxins, becoming the largest group yet to try their PCB personal injury claims together in a series of PCB personal injury suits connected to a Washington school.
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April 14, 2025
Fairstead, Ex-Partner Clash Over Del. Arbitration Findings
Attorneys for housing giant Fairstead Capital Management and FCM Affordable and a former partner are battling over an arbitrator's conclusions in a Court of Chancery suit accusing the partner of an attempted hostile takeover of the business, according to court filings late Friday, with millions on the line.
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April 14, 2025
Feds Push To End Alaska Tribe's Gold Mine Permit Challenge
The U.S. Army Corps of Engineers and a gold mine developer are asking a federal court for permission to move for early dismissal of an Alaskan tribe's remaining claim against an open-pit gold mine near the Yukon border, saying its amended lawsuit doesn't fare better than the original.
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April 14, 2025
4th Circ. Asked To Rethink Credit Union's Liability In Scam
A metal fabricator asked the full Fourth Circuit to rethink a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle the fabricator out of $560,000, saying the majority should have deferred to the district court's findings about the scheme.
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April 14, 2025
FCC Could Nix Engineer Certification Reg, Cable Biz Says
A cable industry lobbying group said Monday the Federal Communications Commission could soon withdraw a little-known but contentious rule requiring professional engineers to certify providers' broadband mapping data.
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April 11, 2025
Real Estate Recap: Private Credit, CMBS, Algorithmic Pricing
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including fresh takes on the rise in private credit, a surge in commercial mortgage-backed securities, and the wave of algorithmic pricing laws in the rental market.
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April 11, 2025
Feds Say Judge Should Limit Foreign Aid Freeze Injunction
The Trump administration asked a D.C. federal judge on Friday to commit to dissolving part of a preliminary injunction requiring it to pay all grant recipients and contractors for foreign assistance work done prior to Feb. 13, in light of a recent U.S. Supreme Court ruling.
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April 11, 2025
Construction Firm Pushes For $31M Award Against Guatemala
A construction and engineering firm has argued a magistrate judge correctly recommended enforcement of $31 million in arbitral awards against Guatemala in D.C. federal court, saying the court is the appropriate forum for the case.
Expert Analysis
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Decoding Arbitral Disputes: State Immunity And ICSID Awards
In a landmark decision in cases involving Spain and Zimbabwe, the English Court of Appeal grappled with the intersection of state immunity and the enforcement of arbitration awards, setting a precedent for future disputes involving sovereign entities in the U.K, says Josep Galvez at 4-5 Gray's Inn.
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Trump Fossil Fuel Focus Won't End Interest In Clean Energy
A second Donald Trump administration is expected to prioritize expanding oil and gas drilling and reducing regulations — but some clean energy investments, including energy storage, hydrogen and sustainable aviation fuel, will likely continue to garner bipartisan and market support, says Scott Segal at Bracewell.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Trump Rollback Of Biden Enviro Policies: What To Expect
Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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A Shift In Control Of Congress May Doom These Enviro Regs
If the election leads to a change in control of Congress, lawmakers will likely use the lookback provision of the Congressional Review Act to challenge the Biden administration's late-term regulatory efforts — including recent initiatives on air pollutant source classification, lead pipe removal and hydrofluorocarbon emissions, say attorneys at Jones Walker.
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Election Could Bring Change In Weather For Offshore Wind
Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.