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Construction
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March 20, 2024
Metals Co. Gets Injunction Bid Revived In Fireproofing IP Case
The Federal Circuit on Wednesday upheld a California federal judge's decision scrapping a royalty award that metals company CEMCO won after a jury found a smaller rival induced infringement of several fireproofing patents, but the circuit vacated the judge's denial of the company's permanent injunction bid.
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March 20, 2024
Electrician To Pay $500K To Settle EEOC Age Bias Claims
An electrical contractor reached an agreement Wednesday with the U.S. Equal Employment Opportunity Commission to pay $500,000 to resolve claims it systematically rejected candidates over 40 years old for managerial roles and told its recruiter not to consider applicants with more than 25 years of experience.
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March 20, 2024
Philly Charter School Exec Convicted Of Embezzlement
A nonprofit executive was convicted Wednesday in Pennsylvania federal court on all 18 counts of siphoning funds from a tax-exempt educational and housing organization to live lavishly, while the same jury found a colleague guilty of conspiracy to commit fraud but absolved him of other charges.
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March 20, 2024
Faegre Drinker Adds Former Honigman Construction Pro
Faegre Drinker Biddle & Reath LLP has strengthened its construction and real estate litigation group in Chicago with Raj Patel, previously a partner with Honigman LLP, the firm said Wednesday.
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March 20, 2024
Data Center Atty Welcomes Private Equity's Embrace
Private equity's growing presence in the data center space is a boon for the sector and will help industry players build more facilities to meet growing demand for digital infrastructure, a partner in Paul Hastings' data center practice group told Law360.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
Intel, Commerce Dept. Forge $8.5B Logic Chip Partnership
A proposed $8.5 billion partnership between the federal government and Intel Corp. could yield thousands of jobs and up to $100 billion in logic chip facility expansion and modernization in four states.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
DA Says Greenhouse Suit Interferes With Code Enforcement
The San Bernardino County district attorney is asking a California federal judge to throw out a suit from a Native American-owned company aiming to block the DA from abating and removing equipment from greenhouses that was used in an illegal cannabis operation involving a prior owner.
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March 19, 2024
LA Councilman's Wife Tells RICO Jury Of Vegas Cash Wads
Former Los Angeles City Councilman Jose Huizar's wife got into a disagreement with him once over a wad of cash he brought back from a trip to Las Vegas with a billionaire developer, she testified Tuesday to a federal jury considering racketeering charges against another former city official, Raymond Chan.
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March 19, 2024
La. Green Groups Urge Petrochemical Plant Permit Probe
A coalition of environmental groups urged Louisiana's Supreme Court to wade into their dispute with the state concerning permits that would allow a plastics manufacturer to construct a major petrochemical facility within the state's "Cancer Alley."
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March 19, 2024
Think Tanks Say Wind Turbine Project Would Harm Whales
A group of conservative think tanks, including those with a history of opposing government climate change initiatives, want a D.C. federal judge to block a wind turbine project off the shore of Virginia, saying federal agencies failed to properly analyze and take steps to prevent the project's likely harm to endangered North Atlantic right whales.
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March 19, 2024
EU Accuses Kingspan Of Skirting Merger Review Demands
The European Commission on Tuesday accused construction materials supplier Kingspan Group of providing inaccurate or misleading information during the review for the company's planned purchase of Trimo before ultimately abandoning the deal.
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March 19, 2024
Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal
Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.
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March 19, 2024
Laborers Benefit Funds Ink $2.45M Settlement In Transfer Suit
Three New York-based asphalt workers are seeking approval of a $2.45 million settlement to their long-running federal class action against two union benefit funds, looking to resolve claims that the funds illegally refused to transfer money to another set of funds.
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March 18, 2024
'Brazen' Text By LA Pol Surfaces In Raymond Chan RICO Trial
A former lobbyist received a "brazen" text from then-Los Angeles City Councilmember Jose Huizar in 2018 seeking a bribe from his developer client, according to testimony heard on Monday by a Los Angeles federal jury considering racketeering and bribery charges against another former city official, Raymond Chan.
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March 18, 2024
Philly Nonprofit Execs Lived Large On Co. Money, Jury Told
Jurors should not believe arguments from two nonprofit executives who are former associates of City Councilman Kenyatta Johnson who said they simply made bookkeeping mistakes and didn't concoct an alleged scheme to spend company money on things like huge bonuses, lavish vacations and bribing a Milwaukee school official, federal prosecutors said Monday.
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March 18, 2024
Investors Seek Arbitration In Panama Port Fight
A group of companies and individuals invested in a port project near the Panama Canal's Atlantic Ocean entrance has asked a Delaware federal court to order arbitration in a Hong Kong company's case claiming its interest in the project is being stolen.
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March 18, 2024
Del. Suit Details Wrongful Takeover Of Telecom System Co.
The founder and former CEO of a Florida-headquartered telecommunications infrastructure building company has sued the head of an investment firm and others Monday in Delaware's Court of Chancery, accusing them of carrying out a "fraudulent scheme" to wrest control of the business.
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March 18, 2024
Construction Co. Can't Dodge Fired Pa. Pot Patient's Bias Suit
A Pennsylvania federal judge has kept alive the crux of a former painter's suit alleging an industrial construction company illegally fired her after she tested positive for pot despite holding a medical marijuana card, finding her collective bargaining agreement doesn't bounce the claim from court.
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March 18, 2024
SunZia Argues Suit Over Power Line Project Filed Far Too Late
The developer of the proposed SunZia Southwest Transmission Project is asking an Arizona federal court to dismiss claims that the U.S. Department of the Interior failed to take a proper look at historic properties and cultural resources that the 550-mile power line might affect, arguing that the allegations are time-barred.
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March 18, 2024
Electric Battery Maker Says Mich. Officials Impeding $2B Plant
Gotion Inc. accused a Michigan township of going back on its promise to help the electric vehicle battery manufacturer get governmental approvals to build a components plant in which it plans to invest over $2 billion.
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March 18, 2024
Cozen O'Connor Adds 6 Troutman Construction Attys In LA
Cozen O'Connor announced Monday that it had ventured into the California construction law market with the addition of a team of six attorneys from Troutman Pepper Hamilton Sanders LLP in Los Angeles.
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March 18, 2024
NextEra Moves For Victory In Texas Power Grid Law Row
NextEra units want a Texas federal court to invalidate a state law reserving new power line development for incumbent transmission companies after the Lone Star State failed in its bid to overturn a Fifth Circuit opinion finding the measure unconstitutional.
Expert Analysis
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Navigating USCIS' New Minimum EB-5 Investment Period
Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.
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Series
ESG Around The World: Mexico
ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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DC Ruling Provides Support For Builders Risk Claim Recovery
To deny coverage for builders risk claims, insurers have been increasingly relying on two arguments, both of which have been invalidated in the recent U.S. District Court for the District of Columbia decision, South Capitol Bridgebuilders v. Lexington, say Greg Podolak and Cheryl Kozdrey at Saxe Doernberger.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief
In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Looking For Defense Contract Appeal Trends In Annual Report
A deep dive into the Armed Services Board of Contract Appeals annual report for the 2023 fiscal year reveals increases in the number of cases filed, pending motions and expedited or accelerated cases, while the board disposed of fewer cases than in prior fiscal years, say Scott Flesch and Alexandra Prime at Miller & Chevalier.
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2nd Circ. Holding Could Disrupt SEC Disgorgement Methods
A recent Second Circuit decision in U.S. Securities and Exchange Commission v. Govil that held disgorgement to be an equitable remedy has the potential to substantially disrupt the SEC's long-standing approach to monetary remedies in many of the cases the agency brings, say attorneys at Debevoise.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Series
ESG Around The World: South Korea
Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.