Construction

  • July 02, 2020

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2020, our list of 176 attorneys under 40 whose legal accomplishments transcend their age.

  • July 03, 2020

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

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 02, 2020

    FERC Seeks Hill's Help After DC Circ. Dumps Pipeline Policy

    Two Federal Energy Regulatory Commissioners has urged Congress to extend the agency's administrative appeals process and give landowners more protection, two days after the D.C. Circuit blew a hole in FERC's ability to delay requests to reconsider gas project approvals.

  • July 02, 2020

    The Biggest Energy Rulings Of 2020: Midyear Report

    It's already been a blockbuster year for court decisions affecting the energy sector, with courts ruling on whether climate change-related litigation can proceed as well as weighing in on key permitting and liability issues. Here are some of the most significant energy-related court decisions from the first half of 2020.

  • July 02, 2020

    4th Circ. Grounds Challenge To Baltimore Airport Construction

    A Maryland county missed the deadline to challenge an updated plan for expanding cargo capabilities at Baltimore-Washington International Thurgood Marshall Airport by seven days and can't pin the delay on anyone other than itself, a Fourth Circuit panel has ruled. 

  • July 02, 2020

    Real Estate Rumors: JP Morgan, Hollywood, Fla., Elion

    A J.P. Morgan venture has reportedly landed $120 million in financing for a Philadelphia mixed-use project, the city of Hollywood, Florida, is reportedly looking for a development partner for a beachfront project, and Elion Partners is said to have paid $7.2 million for a Florida warehouse.

  • July 02, 2020

    Transpo Regulation And Legislation To Watch: Midyear Report

    The transportation industry is keeping tabs on infrastructure funding legislation, potential reforms to the Federal Aviation Administration’s aircraft certification process and new consumer protection regulations covering air travel. Here, Law360 highlights legislation and regulation to watch in the latter half of 2020.

  • July 02, 2020

    Biggest Environmental Law Rulings So Far In 2020

    2020 has already been a huge year for environmental litigation, with the U.S. Supreme Court clearing up important unanswered questions in water and Superfund law, and an ambitious group of youths losing their effort to bring the federal government to trial over climate policy.

  • July 02, 2020

    More Than A Dozen Firms Aided Largest Q2 Real Estate Deals

    White & Case and Hogan Lovells were among more than a dozen firms that helped with the 10 largest real estate mergers and acquisitions deals of the second quarter, five of which were north of the $1 billion mark.

  • July 01, 2020

    Split 4th Circ. Won't Restore Overridden FMLA Verdict

    A split panel of Fourth Circuit judges found Wednesday that a lower court did not err in granting a judgment in favor of Rand Construction Corp. in a former employee's suit accusing the company of unlawfully firing her, saying the company showed a proper explanation for the firing.

  • July 01, 2020

    Congress Extends PPP To August, Mulls 2nd Round Of Loans

    The U.S. House of Representatives passed a bill Wednesday to reopen the Paycheck Protection Program through Aug. 8, sending the Senate-approved measure to the president as lawmakers discuss a possible second round of forgivable loans.

  • July 01, 2020

    House Passes $1.5T Infrastructure Funding Bill

    The House on Wednesday passed an estimated $1.5 trillion surface transportation and infrastructure investment bill that aggressively tackles climate change and environmental reforms, advancing a measure that the Senate majority leader and the president have already declared dead on arrival. 

  • July 01, 2020

    Colorado Sen. Floats Broadband Bill With $1B For Tribes

    Sen. Michael Bennet, D-Colo., on Tuesday introduced legislation to provide $1 billion to tribal governments and $30 billion to states that proponents say could boost competition and better service in parts of the country with limited broadband access. 

  • July 01, 2020

    Fed. Circ. Affirms Drywall Patent Is Indefinite

    Pacific Coast Building Products Inc. has lost a bid to reverse a California federal judge's decision that one claim in a drywall patent it asserted against CertainTeed Gypsum in a 2018 suit is indefinite, with a Federal Circuit panel agreeing a key claim term's ambiguity renders it invalid.

  • July 01, 2020

    Real Estate Rumors: Northridge Project, All Year, Amazon

    A developer is reportedly hoping to build 51 apartment units in Northridge, California, All Year Management reportedly has a new deal to sell 68 New York apartment buildings for $302 million, and Amazon is said to be eyeing a new 1 million-square-foot development project in South Florida.

  • July 01, 2020

    ND High Court OKs Permit For Refinery Near National Park

    The North Dakota Supreme Court has upheld a state Clean Air Act permit for an oil refinery near a national park, finding that the state Department of Environmental Quality adequately responded to public concerns over pollution from the project.

  • June 30, 2020

    Mich. Justices Say Faulty Contract Work Covered By Policy

    Amerisure Insurance Co. may have to pay a $1.4 million repair cost claim after the Michigan Supreme Court reversed a lower court decision and ruled that faulty subcontractor work that damages a policyholder's work product is an "accident," and therefore may be covered, under a commercial general liability policy.

  • June 30, 2020

    Real Estate Rumors: Prologis, Oceanwide, Valley Bank

    Prologis has reportedly paid $24.53 million for a Miami development site, Oceanwide Holdings' roughly $1 billion deal to sell a San Francisco mixed-use project has reportedly hit another delay, and Valley National Bank is said to have loaned $10.55 million for a Florida self-storage project.

  • June 30, 2020

    7th Circ. Won't Revive $8.6M Suit Over Unpaid Air Base Work

    The Seventh Circuit on Tuesday denied a contractor's bid to revive its suit against Zurich American Insurance Co. and The Insurance Co. of the State of Pennsylvania over $8.6 million it claims it's owed from work on a Qatar air base, saying the contractor failed to give notice within the right time frame that it wasn't paid.

  • June 30, 2020

    EPA Plans To End Controversial COVID-19 Enforcement Policy

    The U.S. Environmental Protection Agency said it would be ending its controversial policy that suspended monitoring and reporting requirements for certain entities during COVID-19, according to a memorandum from the agency.

  • June 30, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As COVID-19 cases surged in multiple regions amid noncompliance with wearing face masks over the past week, governors of newly dubbed hot-spot states and their neighbors, even ones with declining cases and deaths, rushed to pause reopening activities such as indoor dining.

  • June 30, 2020

    State AGs Slam Trump Order To Skirt Environmental Reviews

    Attorneys general for 15 states and the District of Columbia warned the Trump administration that an executive order to bypass vigorous environmental reviews for infrastructure projects would run afoul of emergency provisions in federal law, even considering the COVID-19 pandemic.

  • June 30, 2020

    DC Circ. Dumps FERC Policy That Delays Pipeline Appeals

    The D.C. Circuit ruled en banc Tuesday that the Federal Energy Regulatory Commission can't delay requests to reconsider its approval of gas infrastructure projects in order to stave off judicial challenges, saying the agency's tolling policy unlawfully rewrites the Natural Gas Act.

  • June 30, 2020

    US Cos. Seek New Duties On Silicon Metal From 4 Countries

    Two U.S. silicon metal producers announced Tuesday they've filed petitions with the U.S. Department of Commerce and the U.S. International Trade Commission, seeking anti-dumping and countervailing duties on competing imports from Bosnia-Herzegovina, Iceland, Malaysia and Kazakhstan.

  • June 30, 2020

    DC Circ. Says Cushman & Wakefield CEO Can't Duck Bias Suit

    The D.C. Circuit on Tuesday revived a Black, female Cushman & Wakefield executive's claims the firm's U.S. business chief fired her because of her race and sex, saying he can't hide behind a federal doctrine limiting suits against employees in places they don't live.

Expert Analysis

  • Why Colo. Stay Of Trump's Water Rule Is Noteworthy

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    Following a Colorado federal court's statewide stay of the Trump administration's new Clean Water Act rule, it seems likely the rule will be invalidated in the state — further complicating a national patchwork of definitions of "waters of the U.S." and possibly influencing other courts considering injunction requests, say Christine Jochim and Michael Smith at Brownstein Hyatt.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • A Midyear Look At Key US Sanctions Developments

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    During an active first half of 2020, the Office of Foreign Assets Control strengthened its sanctions programs, issued new guidance documents and announced several enforcement actions, underscoring that even during a pandemic, sanctions compliance is indispensable, say attorneys at Ropes & Gray.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Opinion

    Nonimmigrant Worker Ban Exceeds Presidential Authority

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    President Donald Trump's recent proclamation banning nonimmigrant workers from entering the U.S. overreaches by failing to include an exception for nonworking family members who pose no threat to U.S. jobs, says Jeffrey Gorsky at Berry Appleman.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • Mass. Court Deadline Tolling Will Cause Problems For Years

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    While Massachusetts' 106-day tolling period for all civil statutes of limitations ends Tuesday, the pandemic-related pause will complicate calculation of limitations periods and have ripple effects in many jurisdictions for years to come, says Christian Stephens at Eckert Seamans.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Cos. Must Prep For More DOJ Probes To Protect US Workers

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    Employers should review the Immigration and Nationality Act, understand the evolution of enforcement, and take steps to mitigate risk in order to prepare for a potential increase in U.S. Department of Justice investigations into perceived preferential treatment of foreign workers due to the economic downturn, say Ginger Solon Partee and Matthew Gorman at Baker McKenzie.

  • PE Deals Should Consider Gov't Contractors' Small Biz Status

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    Private equity firms targeting government contractors that receive preferential treatment in federal procurement should know how to spot red flags that result in loss of small-business status and the deal structures that mitigate this risk, say Elizabeth Leavy and Robert McCann at Reed Smith.

  • UK Appellate Rulings Clarify Arbitral Choice Of Law

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    Two recent U.K. Court of Appeal decisions have changed the operation of the choice-of-law test for arbitration — a resolution as significant as changing the test itself because it affects the implied choices of the contracting parties, say attorneys at Squire Patton.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Employers More Likely To Fight Visa Denials Amid Pandemic

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    In the past, employers would commonly refile when U.S. Citizenship and Immigration Services denied employee visa petitions, but pandemic-related travel bans and suspended visa processing have made challenging such denials more attractive, say Lynn O'Brien and Kane Vongsavanh at Berry Appleman.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

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