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Construction
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March 15, 2024
'This Is Scary, Boss': Jury Hears Secret Audio In LA RICO Trial
A then-assistant to former Los Angeles City Councilman Jose Huizar secretly recorded his boss as they discussed what to do with a $200,000 cash bribe amid an ongoing FBI probe, according to audio heard Friday by a federal jury considering racketeering and bribery charges against another former city official, Raymond Chan.
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March 15, 2024
Alaska, Cos. Hit Feds With $700B Pebble Mine Takings Suits
The state of Alaska and a company behind the controversial Pebble Mine construction project filed separate takings lawsuits against the federal government in the U.S. Court of Federal Claims on Thursday, seeking more than $700 billion in damages for blocking development of the area that's home to important fisheries.
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March 15, 2024
Real Estate Authority: Realtor Settlement, Women's Soccer
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the $418 million settlement by the National Association of Realtors to end broker-fee claims and the first stadium built in the United States for a women's professional sports team.
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March 15, 2024
DC Circ. Presses FERC On Justification For Pipeline Expansion
A D.C. Circuit panel on Friday questioned whether the Federal Energy Regulatory Commission had demonstrated that a Northeast pipeline expansion project was necessary to ensure that the region would have enough natural gas during extremely cold weather.
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March 15, 2024
Firm, Mont. Tribal Council To Settle Violence Dispute
Greenberg Traurig LLP, its longtime counsel and a Montana tribal council are looking to settle a dispute in which the law firm and attorney are accused of devising a financial scheme that led to violence over a decision to remove the board of directors of the tribe's economic entity.
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March 15, 2024
Justices Told Estate Incorrectly Taxed On Insurance Payout
The federal government's argument that the $3.5 million in life insurance proceeds a company used to redeem a deceased owner's shares increased both the company's value and its dead owner's estate tax liability ignores "economic reality," the estate told the U.S. Supreme Court on Friday.
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March 15, 2024
Military Subcontractor Says Partner Tried To Poach Work
A federal subcontractor tasked with building secure facilities for the Marine Corps hit its own subcontractor with a $7 million lawsuit on Friday, accusing its former partner of deliberately undermining that construction work, in an effort to "steal" related contracts.
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March 15, 2024
Contractor's Single Claim For 2 Lost Trucks Enough, For Now
A contractor didn't need to separate the value of two trucks lost by the U.S. Army to get the military to pay for replacement vehicles, an appeals board said, rejecting the Army's arguments that the contractor should have filed two claims.
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March 15, 2024
Fla. Jury Lets Insurer Off Hook For $12M Award
A Florida federal jury on Friday found that National Indemnity Company of the South did not act in bad faith in its handling of claims against a Florida Keys construction and landscaping company and the company's employee over a fatal car crash that led to an $11.8 million judgment.
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March 15, 2024
Divided 5th Circ. Rejects Atomic Waste Site Dispute Rehearing
A narrowly divided Fifth Circuit has widened a circuit split by refusing to reconsider its ruling that U.S. nuclear energy regulators illegally approved an atomic waste site in West Texas, ruling the Lone Star State and mineral owners could challenge the decision without participating in the licensing process.
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March 15, 2024
Wash. Justices Affirm Condo's Roof Damage Coverage Win
A resulting loss exception in a condominium complex's policy with Farmers Insurance Exchange preserves coverage for damage caused by potentially covered perils, such as condensation and water vapor, even though the loss resulted from excluded faulty workmanship, the Washington Supreme Court unanimously ruled.
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March 15, 2024
Unproven ID Theft Claim Can't Thwart $5.7M Duties, Feds Say
Customs officials urged the U.S. Court of International Trade to ignore a wheel importer's identity theft claim as it tries to escape $5.7 million in duties, saying Friday that the importer had failed to prove the wheels were falsely shipped in its name.
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March 15, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Howard Kennedy face legal action by a London hotel chain, former racing boss Bernie Ecclestone and Formula One hit with a breach of contract claim by a Brazilian racecar driver, and a libel row between broadcaster Jeremy Vine and ex-footballer Joey Barton. Here, Law360 looks at these and other new claims in the U.K.
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March 14, 2024
Ex-LA Official Lied To Feds Immediately In Interview, Jury Told
An FBI agent told a California federal jury on Thursday in former Los Angeles Deputy Mayor Raymond Chan's federal bribery trial that Chan lied to him during a 2018 interview immediately after he was warned that lying to the bureau is a crime.
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March 14, 2024
Lawmakers Secure $1.3B For Native American Housing
A record $1.34 billion will go toward Native American housing programs as part of an appropriations package passed by Congress, a $324 million increase over last year's funding.
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March 14, 2024
Wash. Supreme Court Again Backs State's Fair Wage Law
The Washington State Supreme Court has again upheld the state's updated prevailing wage law for public works projects, ruling Thursday that there was no problem with regulators using collective bargaining agreements across county lines to set wage standards.
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March 14, 2024
Wash. Real Estate Co.'s Ch 11 Plan OK'd After Judgment Slashed
Washington state-based commercial and residential real estate company High Valley Investments LLC 's Chapter 11 plan received a Delaware bankruptcy judge's blessing Thursday after a settlement agreement slashed a $47.4 million judgment against it to an $18 million claim.
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March 14, 2024
Locke Lord Must Face Oil Co.'s Malpractice Suit In NJ
A New Jersey state judge rejected Locke Lord LLP's attempt to evade an oil company's malpractice suit alleging that the firm and one of its former attorneys mishandled a transaction involving an oil refinery project in North Dakota, causing the company to lose $2.5 million
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March 13, 2024
Developer Must Arbitrate Defamation Case, Court Hears
A California man who's been accused of publicly badmouthing a Mexican developer of luxury homes in Baja California Sur to put off prospective buyers is urging a New York court to toss the developer's defamation suit against him or send the claims to an ongoing arbitration in Mexico.
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March 13, 2024
Subpoenas Can't Skirt USPTO Discovery Rules, 4th Circ. Says
In a precedential ruling, the Fourth Circuit said Wednesday that companies can't use the subpoena power of the courts to go beyond the limits of discovery that the U.S. Patent and Trademark Office puts on deposing employees in foreign countries.
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March 13, 2024
Importers Threading Chinese Rod In US To Duck Tariffs, Feds Say
Importers appear to be shipping blank steel rod from China to the U.S. to dodge tariffs on alloy and certain carbon steel threaded rod, the U.S. Department of Commerce announced in a Federal Register notice posted Wednesday.
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March 13, 2024
NC City Asks State Justices To Review Homebuilders' $5M Win
The North Carolina city of Greensboro urged the state's high court to review the $5.25 million judgment won by D.R. Horton Inc. and True Homes LLC in the homebuilders' class action accusing the city of charging illegal preservice water fees.
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March 13, 2024
Dodging Attempt Doesn't Invalidate Service, 3rd Circ. Told
A consulting firm suing a construction company for failing to pay for its services related to a separate lawsuit against the U.S. Department of Veterans Affairs told a Third Circuit panel Wednesday that it served process to the defendant, in spite of the principal's alleged attempts to dodge service.
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March 13, 2024
NYC Condo Developer's Ch. 11 Liquidation Plan Gets OK
A Delaware bankruptcy judge on Wednesday approved the Chapter 11 liquidation plan of 540 West 21st St. Holdings LLC, the developer of a scrapped luxury condo project in New York City's West Chelsea neighborhood, overruling an objection from the managers of a neighboring building.
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March 13, 2024
Autism Claims Tossed In Lockheed Martin Toxic Land Suit
A Florida federal judge has thrown out autism-related claims in a suit alleging Lockheed Martin Corp.'s weapons factory in Orlando leaked toxic chemicals, saying the science underlying the plaintiffs' expert's opinion "is just not there."
Expert Analysis
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Rebuilding The Construction Industry With AI
Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Mass. Bill May Alter Deals Involving Both Goods And Services
Massachusetts' proposed H.B. 1112 would adopt several model Uniform Commercial Code amendments, including a new rule for hybrid transactions that could affect risk assessments made by lenders in determining whether to make loans that involve materials and equipment, especially in the context of construction projects, say attorneys at Barclay Damon.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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New DOJ Roles Underscore National Security Focus
The U.S. Department of Justice’s recent creation of two new leadership positions signals to the private sector that federal law enforcement is pouring resources into corporate investigations to identify potential national security violations, say attorneys at Ballard Spahr.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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EB-5 Investment Period Clarification Raises More Questions
U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.
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A Look At Competition Enforcers' 2026 World Cup Game Plan
Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.
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Extreme Weather And Renewable Project Insurance Coverage
Excerpt from Practical Guidance
The regularity and severity of extreme weather events driven by climate change are putting renewable energy projects increasingly at risk — so project owners, contractors and investors should understand the issues that can arise in these situations when seeking recovery under a builder's risk insurance policy, say Paul Ferland and Joshua Tumen at Cozen O'Connor.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.