Construction

  • December 12, 2019

    Mass. Residents Tell 1st Circ. Land Trust Bid Rightly Blocked

    Residents of a Massachusetts city pressed the First Circuit on Wednesday to affirm a federal judge's ruling that found the U.S. Department of the Interior lacked authority to take land into trust for a Mashpee Wampanoag Indian Tribe casino project.

  • December 12, 2019

    9th Circ. Affirms Suit Over Tribal Remains Rightly Nixed

    A Ninth Circuit panel on Wednesday affirmed a lower court’s dismissal of a suit brought against federal officials and others by former Jamul Indian Village leaders who said the construction of the tribe's San Diego-area casino led to their disinterment of their ancestors’ remains.

  • December 12, 2019

    HUD To Award Nearly $200M In Affordable Housing For Tribes

    The U.S. Department of Housing and Urban Development has announced it will give about $200 million in affordable housing grants to 52 Native American tribes around the nation for new construction, property rehabilitation and infrastructure projects.

  • December 12, 2019

    DOD Watchdog To Probe $400M Border Wall Contract

    The Pentagon's watchdog on Thursday agreed to investigate a $400 million wall construction contract awarded to a North Dakota company after the top Democrat on the House Homeland Security panel called for a probe of the deal.

  • December 12, 2019

    Businessmen Can't Quash Citi Subpoena In Tax Privacy Case

    Two Texas businessmen cannot quash a government subpoena seeking clarification on whether Citibank possessed their tax information because it may shed light on their suit alleging the information was unlawfully disclosed by the IRS, a South Dakota federal court ruled.

  • December 12, 2019

    Germany Fines Steel Makers $718M For Price-Fixing

    Germany’s antitrust authority has levied fines totaling €646 million ($718 million) against Thyssenkrupp and two other steel manufacturers for colluding on price surcharges for steel products used in bridges, ships, boilers and pipelines.

  • December 11, 2019

    NJ Activist Sues Tax Break Agency For Parker McCay Emails

    New Jersey’s embattled corporate tax incentive agency was slapped with a lawsuit Wednesday by a government transparency activist seeking its email correspondence with Parker McCay PA, the firm behind legislation that steered millions in tax breaks to companies linked to Democratic power broker George Norcross III.

  • December 11, 2019

    UK Watchdog's Ban Of Construction Co. Directors Overturned

    Two Fourfront Group directors will be able to retain their positions within the business after a London court partially undid a decree from the country's competition watchdog that banned them from running any company.

  • December 11, 2019

    Princeton Hits Firms With $10.7M Suit Over Project Delays

    Princeton University has slammed architectural and engineering firms with a $10.7 million lawsuit in New Jersey federal court alleging the institution endured project delays and cost overruns as a result of the businesses’ shoddy design work for an educational complex focused on energy and the environment.

  • December 11, 2019

    Real Estate Rumors: Chegg, Acorn, Square Mile

    Chegg is reportedly leasing 24,205 square feet in Manhattan, Acorn Property Holdings is said to have sold two Florida buildings for $7.7 million and Square Mile Capital Management has reportedly loaned $180.3 million for a Brooklyn mixed-use project.

  • December 11, 2019

    USCIS Not In Contempt For Denying Guam Cos. H-2B Visas

    A Guam district judge on Wednesday rejected a magistrate's recommendation that the government be found in violation of her order barring it from relying on a company's failure to demonstrate a temporary need for workers in denying H-2B visa petitions for Guam workers.

  • December 11, 2019

    Developers Can't Dodge Claims In $29M Energy Contract Fight

    A pair of developers working on a Louisiana renewable energy project should face a contractor's accusations that they agreed to pay for costs beyond their original $29 million contract and then broke their commitment, a Louisiana magistrate judge has said.

  • December 11, 2019

    Wash. LNG Project Wins Approval Over Enviros' Protests

    Regulators in Washington state have approved a construction permit for Puget Sound Energy's $310 million liquefied natural gas project in Tacoma, but environmental groups continue to voice opposition to the project and have promised to fight it on appeal.

  • December 11, 2019

    Trump Financial Docs Are Key To House Probes, Justices Told

    President Donald Trump’s petition to block a House committee’s subpoena for his financial records should not warrant review by the U.S. Supreme Court because the request is within Congress’ legislative purview, House attorneys said Wednesday.

  • December 11, 2019

    Second Judge Slams Trump’s Bid To Divert $3.6B For Wall

     A California federal judge on Wednesday blocked the Trump administration from using $3.6 billion in military construction funds to build a wall along the U.S.-Mexico border, but gave the government time to appeal before the order goes into effect.

  • December 11, 2019

    Aussie Roofers Admit Online Posts Looked Like Price-Fixing

    Two Australian roofing companies admitted they should not have discussed setting minimum industry prices on Facebook after a hailstorm battered the Sydney area, the Australian Competition and Consumer Commission said Wednesday.

  • December 11, 2019

    Sidley Helps Deutsche Bank With $294M Manhattan Loan

    Sidley Austin LLP represented Deutsche Bank in connection with its roughly $294.2 million loan to an Oxford Properties Group entity for a commercial condo unit at Hudson Square in Manhattan, according to records made public in New York on Wednesday.

  • December 11, 2019

    Congress Needs Trump Bank Docs To Legislate, Justices Told

    Two House committees need President Donald Trump’s bank records to write pressing legislation and the U.S. Supreme Court should allow immediate enforcement of subpoenas to Deutsche Bank and Capital One, House attorneys told the court Wednesday.

  • December 11, 2019

    Real Estate Lawyers On The Move

    Allen Matkins, Holland & Knight, Armstrong Teasdale, Blank Rome and Hogan Lovells are among various law firms that have made recent real estate or construction hires.

  • December 10, 2019

    Texas Federal Judge Blocks $3.6B In Border Wall Funding

    A Texas federal judge issued a nationwide injunction Tuesday blocking the Trump administration’s plan to put $3.6 billion in defense funding toward a wall along the U.S.-Mexico border, ruling the administration overstepped its authority when it tried to augment Congress’ allocation for the wall with the funds.

  • December 10, 2019

    Minn. Says Oil Pipeline Poses Scant Risk To Lake Superior

    Minnesota's Commerce Department said Monday that there is little risk of oil reaching Lake Superior in the event of a spill from Enbridge Energy LP’s proposed Line 3 pipeline replacement project, after a state court had ordered Minnesota to take a closer look at that possibility.

  • December 10, 2019

    7th Circ. Affirms Caterpillar Equipment Seller's Loss In TM Suit

    The Seventh Circuit has upheld a trademark infringement finding against a Caterpillar equipment dealer but refused to expand a five-year injunction that requires the dealer to issue disclaimers spelling out that it's not affiliated with a similarly named company.

  • December 10, 2019

    Feds Tell Justices VA Correctly Rejected Vet Biz's Contract Bid

    The federal government has urged the U.S. Supreme Court to reject a veteran-owned small-business’ petition over having lost out on a roofing contract with the U.S. Department of Veterans Affairs, arguing that a contracting officer was following the law in rejecting the company’s bid.

  • December 10, 2019

    Real Estate Rumors: Glascott, Hidrock, Hunt

    Glascott Realty has reportedly paid $4.7 million for a Chicago development site, Hidrock Properties is said to have dropped $7 million on a Brooklyn retail property and Hunt Investment Management is said to have leased out 18,000 square feet in Chicago to Global Citizenship Experience Lab School.

  • December 10, 2019

    Chemical Co. Scores $550K Bump To Factory Design Verdict

    A Georgia federal judge has increased the damages awarded to a chemical company over an engineering firm's flawed factory designs to $2.76 million, saying he was wrong about the contract-based liability cap he had put in place before their September trial and that the manufacturer was owed another $550,000.

Expert Analysis

  • FERC Guidance Aims To Foster Hydropower At Mines, Dams

    Author Photo

    Recent guidance from the Federal Energy Regulatory Commission will streamline development of hydroelectric projects at nonpowered dams and abandoned mines — where new environmental impacts will be minimal and much of the construction and regulatory work is already done, say Daniel Skees and Robert Goldfin of Morgan Lewis.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

    Author Photo

    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • Beware Litigating Construction Disputes In Remote Locations

    Author Photo

    Failure to negotiate a forum selection clause for a construction project in a remote location can limit strategic choices with respect to judges, specialty courts and counsel, should a conflict arise, says Mary Bacon of Spencer Fane.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

    Author Photo

    Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

    Author Photo

    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • 4 Ways Tribal Nations Can Leverage Opportunity Zones

    Author Photo

    The ecosystem of both capital and support services rapidly developing around opportunity zone investment provides tribal nations with an unparalleled opportunity to attract new investors by recasting and rebranding private economic development opportunities, says Bo Kemp at FaegreBD.

  • New Int'l Arbitration Study Offers Construction Dispute Insight

    Author Photo

    Queen Mary University's annual international arbitration survey on construction disputes, published last month, provides important information to enable institutions, arbitrators and parties to refine the arbitration procedures and mechanisms that best address the unique demands of international construction disputes, say Albert Bates and Zachary Torres-Fowler of Pepper Hamilton.

  • Why Owners Should Oversee Construction Subcontracts

    Author Photo

    When developing subcontracts under a construction management agreement, owners often yield too much control to the construction manager, leading to poorly drafted subcontracts that can cost time and money, says ​​​​​​​Michael Scheffler at Blank Rome.

  • Patent Decision Highlights Cross-Appeal Considerations

    Author Photo

    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • What NY And Mass. Exxon Climate Suits Mean For Other Cos.

    Author Photo

    New York state's securities fraud case against Exxon Mobil over its public stance on climate change has some weaknesses, but Massachusetts' climate-related suit against the company on consumer protection grounds should lead other companies to consider their exposure to such claims, says Alana Rusin of Goulston & Storrs.

  • Ohio Tax Talk: 3 Tax Exemption Takeaways In Contractor Case

    Author Photo

    The Ohio Court of Appeals' recent decision in Karvo Paving v. Testa provides important guidance on three of the most commonly utilized exemptions to Ohio sales and use tax: the sale for resale, the affiliated party sales exemption for employment services, and the casual sale, say Jeremy Hayden and Christopher Tassone of Frost Brown.

  • Perspectives

    Book Review: Who's To Blame For The Broken Legal System?

    Author Photo

    The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

  • New Pa. DEP Fill Material Policy Increases Project Complexity

    Author Photo

    The Pennsylvania Department of Environmental Protection's new fill management policy affects, among others, real estate developers, land owners, railroads and public utilities, and will increase the time and effort necessary to determine whether fill material qualifies as clean fill, says Michael Meloy of Manko Gold.

  • The Top Pennsylvania Employment Law Changes In 2019

    Author Photo

    This year, equal pay, fair scheduling and paid sick leave updates dominated Pennsylvania’s employment law discussions, but 2020 promises more developments at the local, state and federal levels that will require employers to evaluate their policies and practices, says Stephanie Rawitt of Clark Hill.

  • NYC Ballot Measure Likely Signals Modest Land Use Changes

    Author Photo

    On Nov. 5, New York City approved a ballot measure establishing precertification notice for land use applications and granting more time to community boards to review them. The changes are not revolutionary, but the rules established by the City Planning Commission will determine their ultimate impact, say Ross Moskowitz and Eva Schneider at Stroock.