Construction

  • March 29, 2024

    Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal

    In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.

  • March 28, 2024

    PE Group Seeks $32.4M In Serbia Real Estate Arbitration

    A group of companies in Cyprus and an associated Rand Investments Ltd. executive that are entangled in international arbitration over allegations that Serbia expropriated real estate in Belgrade have argued that Serbia owes them €30 million ($32.4 million) for their share of the land's value.

  • March 28, 2024

    Del. Judge Sends Panama Port Feud Back To Chancery

    A Delaware federal judge has remanded litigation filed by a Hong Kong company alleging that its interest in a lucrative port project near the Panama Canal is being stolen, ruling in a novel decision that an underlying arbitration in Panama did not confer federal jurisdiction.

  • March 28, 2024

    GAO Faults State Dept. Reversal On Consulate Build Award

    The U.S. Government Accountability Office backed an Illinois construction company's challenge to losing a deal to build a U.S. consulate compound in Turkey, rejecting the U.S. Department of State's contention that the company wasn't the same entity that met security prequalifications.

  • March 28, 2024

    Texas Wins Court Bid To Vacate Feds' Highway GHG Rule

    A Texas federal judge has dealt the Biden administration a blow by vacating a new Federal Highway Administration rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects, saying Congress never gave the agency that authority.

  • March 28, 2024

    DOL Says Challenge To Prevailing Wage Rule Can't Stand

    The U.S. Department of Labor said four entities failed to support their assertion that the department's final rule regulating prevailing wages will hurt them, urging a Texas federal court to toss those claims.

  • March 28, 2024

    Va. Landowners Return To Supreme Court In FERC Challenge

    Virginia residents with property being condemned for the Mountain Valley Pipeline are asking the U.S. Supreme Court to review a D.C. Circuit decision dismissing their suit challenging the constitutionality of the Federal Energy Regulatory Commission's eminent domain authority, and its ability to delegate that authority to private companies.

  • March 28, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.

  • March 28, 2024

    The Home Depot Buying PE-Backed SRS For $18.25B

    The Home Depot said Thursday it has agreed to acquire SRS Distribution Inc., a private equity-backed distributor of roofing and building supplies, for $18.25 billion, inclusive of debt. 

  • March 27, 2024

    Foreign Subsidy Rule Muddles 'Countervailable' Meaning

    The U.S. Department of Commerce's new final rule authorizing itself to investigate subsidies that governments give to manufacturers in other nations casts uncertainty over the definition of "countervailable" in the absence of clarity on how third-party governments will be incorporated into these duty probes. 

  • March 27, 2024

    Bricklayer Seeks OT Pay For Time On 'Shuttle' To Worksites

    A bricklayer alleged that a California-based construction firm should have paid him and his fellow workers to ride a shuttle up to an hour each way to job sites, according to a proposed class action made public in Pennsylvania state court Wednesday.

  • March 27, 2024

    Navajo Sue Feds Over Withheld Forestry Program Funds

    The Navajo Nation claims the U.S. Department of the Interior unlawfully withheld more than a million dollars in funding for its contracted forestry management program, telling a D.C. federal judge the department should be forced to provide the money and accept the funding agreements proposed by the nation.

  • March 27, 2024

    4th Circ. Overturns Fraud Ruling In Suit Over $4.5M Home Buy

    The Fourth Circuit on Wednesday revived fraud claims brought by the buyers of a $4.5 million Virginia home who accuse the seller of lying about licenses and permits for improvements to lure them into the purchase, with the panel concluding a federal district court flubbed decisions on the claims.

  • March 27, 2024

    Casino Beats Suit Over Diabetic Customer's Fall

    A now-shuttered floating casino that was moored in Lake Michigan can't be held liable for the fall of a longtime patron who injured her hip after tripping in a hallway that connected two boats, an Illinois federal court has ruled, finding the patron couldn't support any element of her premises liability claim.

  • March 27, 2024

    Justices Grapple With Complex $3M Estate Tax Dispute

    The U.S. Supreme Court confronted a complicated dispute Wednesday over whether the estate of a deceased building supply company owner should be taxed on $3 million in life insurance proceeds the company used to buy his shares after his death, with two justices seeming to take opposing sides.

  • March 27, 2024

    City Leaders Nix Plan To Move Wizards, Caps To Virginia Site

    Plans for the NBA's Washington Wizards and NHL's Washington Capitals to move from the nation's capital to a $2 billion sports and entertainment complex in northern Virginia came to an abrupt halt Wednesday afternoon, when the city of Alexandria, Virginia announced that its negotiations with Monumental Sports & Entertainment and owner Ted Leonsis "will not move forward.''

  • March 27, 2024

    Construction Orgs Call Prevailing Wage Rule Unconstitutional

    Several construction groups said the U.S. Department of Labor is illegally trying to expand the reach of the Davis-Bacon Act with its final rule regulating prevailing wages, urging a Texas federal court to bring the rule to a screeching halt.

  • March 27, 2024

    Calif. High Court Gives Guideposts For What Counts As Work

    The California Supreme Court's decision that a construction contractor must pay workers for the time they spent waiting in their cars to go through a security check before leaving the job site provides guideposts for determining when wages are owed in other scenarios, attorneys told Law360.

  • March 27, 2024

    Jury Convicts Ex-LA Official Chan In City Hall Bribery Scandal

    A California federal jury on Wednesday convicted former Los Angeles deputy mayor Raymond Chan of racketeering conspiracy, honest services wire fraud and bribery stemming from his role linking corrupt public officials with wealthy developers in the so-called CD-14 Enterprise.

  • March 26, 2024

    Ex-LA Deputy Mayor's Fate In Bribery Trial Goes To Calif. Jury

    Former Los Angeles Deputy Mayor Raymond Chan connected corrupt public officials to wealthy developers for years as part of the "CD-14 Enterprise" racketeering conspiracy, a federal prosecutor told California federal jurors in closing arguments Tuesday, saying their shared goal was ensuring they "get money, keep power and avoid the Feds."

  • March 26, 2024

    Judge To Let McDermott Investors Seek 2-Subclass Cert.

    A Texas federal judge has declined to certify a proposed class of investors in energy industry engineering company McDermott International Inc., siding with a magistrate judge who recommended dismissing the class certification bid so the investors could refile and seek certification for two investor subclasses.

  • March 26, 2024

    WTO Calls On Australia To Amend Steel Duties On China

    A World Trade Organization panel on Tuesday ruled that Australia flouted certain measures of the intergovernmental organization's so-called Anti-Dumping Agreement when calculating duties on wind towers, stainless steel sinks and railway wheels from China.

  • March 26, 2024

    Baltimore Bridge Collapse: What We Know So Far

    The overnight collapse of Baltimore's Francis Scott Key Bridge, after being struck by a container carrier Tuesday, will trigger multiple inquiries into maritime and vessel safety, as well as bridge design and engineering standards, that experts say will have significant implications for future lawsuits, regulatory actions and infrastructure rebuilding efforts.

  • March 26, 2024

    Turf Co. Secures Dismissal Of Funds' Contributions Row

    Benefits funds affiliated with the International Union of Painters and Allied Trades can't move ahead with their claims that a turf installer didn't pay contributions, a California federal judge ruled, saying the funds didn't include the calculation for payment in their allegations.

  • March 26, 2024

    Biden Admin Greenlights 2nd Orsted NY Offshore Wind Farm

    The U.S. Department of the Interior on Tuesday approved the construction of Orsted-Eversource's Sunrise Wind project off the New York coast, the seventh offshore wind project given the go-ahead by the Biden administration.

Expert Analysis

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • Will Justices Settle Decades-Old Split On Arbitrator Conflicts?

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    Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Tips For Contractors Preparing For Potential Gov't Shutdown

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    With elements of the Congress’ latest continuing resolution expiring on Jan. 19, companies that may be fatigued by preparing for potential shutdown after potential shutdown should consider the current political climate and take specific steps now, say attorneys at Miller & Chevalier.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Ill. Justices Set New Standard For Analyzing Defect Claims

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    The Illinois Supreme Court's recent ruling in Acuity v. M/I Homes of Chicago has effectively changed the landscape for how insurers may respond to construction defect claims in the state, so insurers should carefully focus their coverage analysis on whether the business risk exclusions are applicable, say Bevin Carroll and Julie Klein at Kennedys.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 3 Power Rulings Change Outlook For Transmission Cos.

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    The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.

  • How New Fla. Condo Law Will Affect Owners' Finances

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    As this December is the deadline for condominiums in Florida to be in compliance with legislation passed after the Champlain Towers collapse, condo owners will need to prepare for both the immediate and long-term financial implications, says Greg Main-Baillie at Colliers.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

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