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Construction
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February 03, 2026
Fed. Circ. Backs Nearmap Win On 2 Out Of 3 PTAB Challenges
The Federal Circuit on Tuesday stood by Nearmap's successful challenges at the Patent Trial and Appeal Board to a pair of patents covering a system for identifying attributes in a roof by using aerial imagery, but also refused to undo its unsuccessful challenge to another patent.
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February 03, 2026
Developer In Miami Condo Battle Moves To End Association
A developer locked in a battle with holdout owners of a Miami waterfront condominium wants a Florida state court to terminate the condominium association, arguing that the building, which is currently uninhabitable, is not worth repairing after decades of deferred maintenance.
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February 02, 2026
Offshore Wind Crowns Courtroom Sweep With Sunrise Restart
A D.C. federal judge on Monday lifted the Trump administration's halt of the Sunrise Wind project, the final victory for five East Coast offshore wind farms that all convinced courts to block the government's stop-work orders.
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February 02, 2026
Norfolk Southern Blames DR Horton For Runoff Rail Damage
Railroad company Norfolk Southern argued in North Carolina federal court that poor stormwater management at a nearly 1,000-home D.R. Horton development caused a July washout that canceled rail service, required repairs and altered a regional track improvement project.
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February 02, 2026
Judge Nixes Arbitration In Asphalt Recycling Fraud Suit
An Ohio federal judge Monday refused to compel arbitration in fraud litigation initiated by a Bahraini company against an asphalt recycling machine manufacturer, finding the latter firm had defaulted in a previous arbitration by refusing to pay its share of the fees.
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February 02, 2026
Trump, Modi Say US-India Trade Deal Reached
President Donald Trump said Monday he reached a trade deal with India following a call with Prime Minister Narendra Modi that includes lowering the tariff rate on Indian goods entering the U.S. from 50% to 18%.
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February 02, 2026
China Steel Pipe Circumventing Duties, Commerce Says
Certain carbon-quality steel pipe from Oman made using hot-rolled steel produced in China is circumventing U.S. antidumping and countervailing duty orders on such pipes from China, the U.S. Department of Commerce said Monday.
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February 02, 2026
Del. Lawmakers OK Review, Revision Of Property Assessment
Delaware would authorize New Castle County's Office of Finance to review and revise property reassessments for tax purposes if a mistake were made in the reassessment process or certain changes in value occurred under a bill approved by state lawmakers and headed to the governor.
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January 30, 2026
Real Estate Recap: Build-To-Rent, Apollo, Boston
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including takeaways for the build-to-rent sector following a recent executive order on Wall Street investment in the single-family market, Apollo REIT's $9 billion portfolio sale, and a view of Boston from the chair of a BigLaw real estate practice.
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January 30, 2026
SEC Walks Away From Biden-Era Construction Fraud Case
Greenberg Traurig LLP celebrated a legal victory on Friday as the U.S. Securities and Exchange Commission abandoned its securities fraud claims against their client, a former construction executive, with a firm leader telling Law360 that a meeting with top SEC staff last year marked a turning point in their favor.
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January 30, 2026
Insurer Says No Coverage In $20M Marine Cable Damage Case
Great American Insurance Co. is asking a Washington federal court to find it has no legal obligation to defend a buoy installation company from a lawsuit alleging damage to an underwater electric cable that could cost upwards of $20 million to replace.
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January 30, 2026
Real Estate Attys 'Not Going In Blind' Amid Data Center Boom
The explosion of artificial intelligence has created a sharp demand for new data centers with no signs of slowing down, posing challenges that have some real estate attorneys turning to well-worn playbooks from other industries.
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January 30, 2026
8th Circ. Affirms Toss Of ND Tribal Landowners' Pipeline Suit
The Eighth Circuit Friday refused to revive a group of landowning Three Affiliated Tribes members' lawsuit accusing oil pipeline operator Andeavor of trespassing across their North Dakota reservation lands, with a panel majority concluding that the members had no federal common law trespass claim.
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January 30, 2026
Contractor Says $16.6M Fee Too Much For Contract Delays
Pernix Guam LLC told the U.S. Court of Federal Claims that the U.S. Navy improperly assessed the $16.6 million fee the contractor owed for a nearly three-year delay in construction of a repair shop.
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January 30, 2026
USPS Claims No Obligation To Redevelop Wash. Parcel
The U.S. Postal Service urged a Washington federal court to dismiss a developer's suit over the parties' decades-old agreement to develop and sell a parcel of land in Washington, saying it was under no obligation to renegotiate the parties' agreement in the months before it expired.
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January 30, 2026
Wash. Plaintiffs Fight NY Transfer Request In REIT Merger Suit
A proposed class of investors urged a judge to keep their securities case over a merger between two real estate investment trusts in Washington federal court instead of granting the defendants' request to transfer the case to New York federal court.
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January 30, 2026
DOL Adds More H-2B Visas For Imperiled Employers
The U.S. Department of Labor issued a temporary rule Friday making another 64,716 H-2B visas for seasonal, non-agricultural workers available for fiscal year 2026, but only to employers facing severe financial hardship.
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January 30, 2026
Pa. Restaurant Wants Walmart To OK Roof Permit
A Pennsylvania restaurant claims in a complaint in Pennsylvania state court that its Walmart Inc. landlord has failed to approve a permit for replacing the restaurant's "old and deteriorated" roof.
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January 30, 2026
Trade Court Slams Gov't Bid To Dismiss Wood Shutter Case
A U.S. Court of International Trade judge rejected the government's argument that a wood shutter company obscured the "true nature" of its challenge of the Department of Commerce's refusal to review duties on its products, saying the government didn't adequately explain how to make that determination.
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January 30, 2026
Feds Say Suit To Block Trump From Painting Building Is Moot
The federal government asked a D.C. federal court to toss a lawsuit seeking to stop President Donald Trump from painting a historic building white, saying the president has already agreed to pause his plan until environmental reviews are completed.
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January 30, 2026
Taxation With Representation: Clifford Chance, Ropes & Gray
In this week's Taxation With Representation, real estate investment trust Apollo Commercial Real Estate Finance Inc. announces plans to sell a loan portfolio to retirement services company Athene Holding Ltd., engineering and technology company Leidos acquires Entrust Solutions Group, and Prosperity Bancshares Inc. and Stellar Bancorp Inc. announce a merger.
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January 30, 2026
NJ Panel OKs Bank's COD Denial For Family Dollar Build
A New Jersey appeals panel on Friday found that a bank was within its rights to refuse to fund cash-on-delivery payment for a prefabricated steel structure a developer planned to use on a project to build a Family Dollar store.
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January 30, 2026
UK Litigation Roundup: Here's What You Missed In London
This past week in London saw collapsed solar bonds company Rockfire Capital sue the Royal Bank of Scotland, e-ticket platform Eventbrite target the owners of Salford Red Devils rugby club over an alleged contract breach, and Scottish distiller William Grant & Sons square off against a former MP in a trademark tussle tied to its Glenfiddich whisky.
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January 29, 2026
Congress' Limited Tariff Role May Persist After Justices Rule
The U.S. Supreme Court's ruling on President Donald Trump's emergency tariffs could leave the door open for Congress to play a larger role in trade policy heading into November's midterms, but that opportunity may pose few political incentives for lawmakers.
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January 29, 2026
Landmark Divestiture Order Scrutinized By 4th Circ. Again
A Fourth Circuit panel questioned whether door manufacturer Steves and Sons Inc. needs to prove its case all over again to save a landmark order requiring its rival Jeld-Wen to unload a Pennsylvania factory during Thursday's oral argument on a bid to vacate the ruling.
Expert Analysis
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.
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Series
The Law Firm Merger Diaries: Getting The Message Across
Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.
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Opinion
Horizontal Stare Decisis Should Not Be Casually Discarded
Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.
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Key Takeaways From Armed Services Board's FY 2025 Report
The Armed Services Board of Contract Appeals’ annual report reveals an increase in new cases filed, but a decrease in cases resolved, and fewer parties choosing alternative dispute resolution, despite the likely reduction in time and expenses incurred during a prolonged appeal process, say attorneys at Miller & Chevalier.
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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.
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Opinion
California Vapor Intrusion Policy Should Focus On Site Risks
As California environmental regulators consider whether to change the attenuation factor used in screenings for vapor intrusion, the most prudent path forward is to keep the current value for screening purposes, while using site-specific, risk-based numbers for cleanup and closure targets, says Thierry Montoya at Frost Brown.
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Series
Preaching Makes Me A Better Lawyer
Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.
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Series
Law School's Missed Lessons: Practicing Client-Led Litigation
New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.
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Series
The Law Firm Merger Diaries: How To Build On Cultural Fit
Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.
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'Measure Twice, Cut Once' Also Applies To Builders' Insurance
A New York federal court's recent decision in Ohio Security Insurance v. Southwest Marine and General Insurance, denying additional insured coverage, shows why it's key to apply the caution of "measure twice, cut once" to construction contracts and insurance policy language, say attorneys at Reed Smith.
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Considerations When Invoking The Common-Interest Privilege
To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.
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1st Circ. Offers Diversity Jurisdiction Lessons For Assignees
A recent First Circuit opinion in Gore v. SLSCO, dismissing a case after years of litigation, serves as a cautionary tale about what can go wrong if an assignee has not alleged sufficient facts to demonstrate there is complete diversity jurisdiction, says Ray Gauvreau at Robinson & Cole.
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What Developers Must Know About PJM Grid Connection Plan
As PJM Interconnection, the nation's largest grid operator, reforms its interconnection process in an effort to accelerate capacity expansion amid surging demand, developers interested in PJM's new expedited track should anticipate significant up-front costs, and plan carefully to minimize delays that could jeopardize project completion, say attorneys at King & Spalding.