Construction

  • July 01, 2022

    Pro Say & The Term Discuss A Historic Supreme Court Term

    A U.S. Supreme Court term that by any measure was historic has concluded, and it takes a village of podcasters to untangle everything that happened. So this week, hosts from Pro Say team up with the hosts of The Term to discuss this momentous term.

  • July 01, 2022

    Verizon Says Local Group Caused City To Delay Cell Tower

    Verizon Wireless says city officials in Fresno, California, trapped its request to build a cell tower disguised as a tree in a "bureaucratic gauntlet," accusing the city in a federal lawsuit of violating a statutory deadline for considering such projects due to opposition by a condo association and a local lawmaker.

  • July 01, 2022

    7th Circ. Won't Stop Obama Presidential Center Construction

    Work on former President Barack Obama's presidential center in Chicago can continue after the Seventh Circuit said Friday the federal government had no duty to consider the environmental impacts for other potential locations, as it doesn't have that power.

  • July 01, 2022

    The Firms That Won Big At The Supreme Court

    Oral arguments at the U.S. Supreme Court are always a singular experience, the more so this term as the justices returned to hearing cases in person after being remote last term.

  • July 01, 2022

    The Sharpest Dissents From The Supreme Court Term

    Most of this term's U.S. Supreme Court dissents came from its left-leaning justices, who accused the conservative majority of voting politically, flouting decades of precedent and harming the legitimacy of the court itself.

  • July 01, 2022

    The Funniest Moments Of The Supreme Court Term

    While considering weighty issues, the U.S. Supreme Court justices still found moments of levity during oral arguments, ribbing one another and Justice Stephen Breyer as he floated ever more fantastical hypotheticals during his final term on the bench.

  • July 01, 2022

    Vietnam Hit With $1B Claim From Real Estate Developer

    An industrial real estate developer is seeking more than $1 billion from Vietnam after the country allegedly tried to force it into liquidation under questionable circumstances.

  • July 01, 2022

    State Of Energy Dealmaking: Midyear Report

    Energy deal makers have had a busy 2022 with a transactional renaissance in the gas industry despite geopolitical and economic turmoil that has made brokering deals trickier and building projects costlier. Here, attorneys share with Law360 four things that sum up the state of energy deal making at the halfway point of this year.

  • July 01, 2022

    6 Biggest Cases Of This Texas Supreme Court Term

    This term, the Texas Supreme Court recognized eminent domain authority for a $30 billion high speed bullet train that was critical to the project's future, overruled its own precedent to continue the court's tradition of giving litigants leeway to make procedural mistakes and expanded when judges can consider outside evidence in insurance disputes.

  • July 01, 2022

    Real Estate Lawyers On The Move

    Polsinelli, Bryan Cave, Cole Schotz and Thompson Hine are among the various law firms that have made recent real estate or construction hires.

  • July 01, 2022

    The Biggest Enviro Policy Moves Of 2022: Midyear Report

    The first half of 2022 has been filled with important environmental policy developments, from a groundbreaking climate change reporting rule for the financial industry to regulations that strengthen reviews for infrastructure projects that need federal approval.

  • July 01, 2022

    11th Circ. Says Ga. Building Co. Can't Escape OSHA Fines

    The Eleventh Circuit judges have affirmed an administrative law judge's ruling that a Georgia home building company is liable for $300,000 in safety violation fines imposed on the roofers for regular violations of Occupational Safety and Health Act regulations.

  • July 01, 2022

    Construction Co. Must Face Georgia Wetlands Pollution Suit

    A construction company can't dodge potential responsibility for the dumping of dredge material into coastal Georgia wetlands without adequate permissions, despite its claims the violations occurred before the company became involved.

  • July 01, 2022

    The Chattiest Justice Of The Term Is ...

    While little felt “normal” at the U.S. Supreme Court, the justices were largely back to their pre-pandemic habits when it came to speaking up from the bench, with one justice again standing out as the court's chattiest member this term.

  • July 01, 2022

    Breaking Down The Vote: The High Court Term In Review

    The overturning of a long-standing precedent, the surprising leak of a draft opinion and the announcement of Justice Stephen Breyer's retirement all made for a tumultuous term at the U.S. Supreme Court. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 01, 2022

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

    This past week in London has seen a Belgian precious metals company going for gold in a claim against the Guinean Central Bank, the former nanny of Princes William and Harry seeking royal treatment in a case against the BBC, and betting company IG Index looking to hit the jackpot in a legal battle with property tycoon Robert Tchenguiz over unpaid debt. Here, Law360 looks at these and other new claims in the U.K.

  • July 01, 2022

    Top Gov't Contracting Policies Of 2022: Midyear Report

    The White House and federal agencies introduced several high-profile policies at the intersection of labor and procurement issues during the first half of 2022. Here, Law360 looks at six prominent areas of policy changes and proposals so far this year in government contracting.

  • June 30, 2022

    Miami-Dade Hails $100M, New Efforts To Tackle Housing Crisis

    A couple of days after the country's top housing official tagged Miami as the "epicenter" of the national housing crisis, area leaders unveiled new initiatives and outside funding of up to $100 million from a nonprofit during an event Thursday that highlighted its multipronged efforts to address the situation.

  • June 30, 2022

    Panthers' HQ Builder Told To Revise $20M Loan Docs

    The company behind a scuttled project to build a new headquarters and practice facility for the Carolina Panthers failed Thursday to secure final approval of a $20 million loan to finance its Chapter 11 bankruptcy after a judge in Delaware found too many issues with the financing documents.

  • June 30, 2022

    Court's Ruling Leaves Narrow Path For EPA's Climate Rules

    The U.S. Supreme Court's interpretation of the Clean Air Act on Thursday left the U.S. Environmental Protection Agency with avenues to regulate greenhouse gas emissions, but any novel legal approaches the agency takes to tackle climate change will face headwinds given the court's skepticism of broad agency power.

  • June 30, 2022

    Appellate Court Undoes Pa. Bridge Tolling, Replacement Plan

    The Commonwealth Court of Pennsylvania struck down Thursday a state program to fund bridge replacements with tolls and public-private partnerships, ruling in favor of three municipalities that claimed they had not been consulted before tolls were proposed for a nearby bridge carrying Interstate 79.

  • June 30, 2022

    Mass. Power Plant Approved For Ch. 11 Disclosure Docs

    A Massachusetts power plant owner received court approval from a Delaware bankruptcy judge on Thursday for its Chapter 11 plan disclosures that describe a restructuring transaction that will swap out $290 million of secured debt for the equity in a reorganized company.

  • June 30, 2022

    Real Estate Rumors: Divya Patel, Barren County, Prologis

    Investors Divya and Deepak Patel have reportedly ended talks with El Dorado County to lease two California motels to the county, Barren County is reportedly considering an office building, a bank and several churches in Kentucky as sites for a new judicial center, and Prologis has reportedly gotten the right to develop 177 acres in the Los Angeles area.

  • June 30, 2022

    UK Tribunal Denies Co.'s Bid For $44M Tax Deduction

    An appellate tribunal in the U.K. ruled against a company seeking a tax deduction for a £36.3 million ($44.2 million) trading loss stemming from its involvement in a hotel and condominium construction project in Montenegro.

  • June 30, 2022

    Concrete Subcontractor Gets 2nd Chance At $400K Claim

    A Texas appellate court allowed a concrete subcontractor to pursue claims that a general contractor failed to pay it more than $400,000 for work on a Houston retail complex.

Expert Analysis

  • New P3 Authority Means Opportunities For Colo. Agencies

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    A recently passed Colorado law expanding public-private partnerships changes state-level project finance and infrastructure dramatically, allowing virtually all state agencies to avail themselves of P3 benefits including cost and schedule savings, sharing of risk, and access to innovation and private sector efficiency, say Gregory Johnson and Peter Gould at Squire Patton.

  • Make Room For Serendipity In Your Legal Job Search

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    Landing your dream legal job gets easier when you cultivate serendipity — which involves expanding and deepening your network, while being flexible, authentic and engaged with the world around you, says Anna Sanders at VOYLegal.

  • Assessing Risk Amid Rise Of Building Info Modeling Tech

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    As the architectural, engineering and construction industry increasingly utilizes building information modeling software, which shifts some risk to contractors, users should take steps to avoid legal risks, while enhancing projects' production and progression, says Ivan Sarkissian at McConaughy & Sarkissian.

  • Ethics Considerations For Attorneys Joining Nonprofit Boards

    Excerpt from Practical Guidance
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    Many charitable organizations offer attorneys board positions to benefit from their specialized legal knowledge, but there are ethical considerations and liability dangers that demand lawyers set boundaries about their roles and responsibilities, says Patrick Sturm at LexisNexis.

  • NY Contractor Relief Bill Is Much-Needed, But Imperfect

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    Once signed by the governor, New York's S.B. 10109 will correctly provide relief to construction contractors negatively affected by drastic material price escalations, though it is held back by an arbitrary time restriction, say attorneys at Cohen Seglias.

  • How To Avoid Construction Lien Traps In Bankruptcy Filings

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    The Ninth Circuit Bankruptcy Appellate Panel’s decision in 450 S. Western Ave. serves as a cautionary tale on the risks of a contractor agreeing not to foreclose a lien in exchange for the owner agreeing not to challenge the validity of the lien in bankruptcy filings, and highlights how contractors can protect their liens, says Blake Robinson at Davis Wright.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • The Unique Nature Of COVID-Era Patent Procurement Trends

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    Data shows the COVID-19 pandemic is affecting patent procurement differently than past financial crises, with newly filed applications slowing in number while pending applications are maintained and not abandoned, say Michael Sartori and Sarah Hassan at Baker Botts.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • Performance Bonds May Not Cover All Contract Obligations

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    Supply chain constraints and higher material prices in the construction industry are leading many project owners to require payment and performance bonds from contractors, but owners should keep in mind certain legal and practical considerations that may allow sureties to escape liability, says Daniel Miktus at Akerman.

  • How Cos. Can Track Infrastructure Act Projects — And Funds

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    As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

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