Construction

  • June 21, 2021

    Symbion Says It's Wrongly Targeted In $30M Award Fight

    International engineering contractor Symbion Power has asked a New York federal court to toss litigation seeking to enforce a nearly $30 million arbitral award against the U.S. company, saying it's wrongly targeted by the firm pursuing the award because a Tanzanian company is named in the arbitration.

  • June 21, 2021

    NC Sens. Float Income Tax Cuts In $52.3B Biennium Budget

    North Carolina would phase out the state's corporate income tax, cut personal income taxes and boost the child tax deduction under a proposed $52.3 billion budget for 2021 to 2023 put forward Monday by leadership in the state Senate.

  • June 21, 2021

    Pro-Border Wall Group Loses 2nd Circ. Asset Freeze Fight

    The Second Circuit denied an appeal Monday from border wall crowdfunding organization We Build the Wall to unfreeze some of its assets, saying the group's bid to undo the restraining order on its bank accounts is premature as its executives are still facing fraud charges for allegedly ripping off donors.

  • June 21, 2021

    Texas Justices Won't Hear Bullet Train Eminent Domain Fight

    The Texas Supreme Court on Friday declined to hear a landowner's lawsuit claiming the private developers of a high-speed passenger train from Dallas to Houston cannot use eminent domain to survey and trample on Texans' private property rights for a costly project that's doomed to fail.

  • June 21, 2021

    Real Estate Rumors: EDRE Development, Cain, VIG Furniture

    EDRE Development has reportedly paid $13 million for a Brooklyn development site, a Cain International venture is said to have paid roughly $120 million for a Manhattan church and VIG Furniture has reportedly dropped $9.1 million on a Florida distribution center.

  • June 21, 2021

    Hazy Future Of Trump-Era NEPA Rule Dooms Suit, Judge Says

    A Virginia federal judge on Monday ended a challenge to a Trump-era rule overhauling the use of the National Environmental Policy Act, saying questions over whether the rule will ever be implemented by the Biden administration means there's no ripe dispute to adjudicate.

  • June 21, 2021

    Justices Won't Hear Card Rooms' Challenge To Tribal Casino

    The U.S. Supreme Court on Monday declined to hear an appeal by two California card rooms challenging a Ninth Circuit ruling that affirmed the U.S. Department of the Interior's approval of an off-reservation tribal casino.

  • June 18, 2021

    Justices Told Border Wall Freeze Can't Undo Gov't's Losses

    The U.S. Supreme Court shouldn't vacate the Sierra Club's Ninth Circuit wins in cases challenging barrier construction on the U.S.-Mexico border, the organization argued Friday, saying the government's announcement earlier this month that it would not continue construction doesn't change anything about the case.

  • June 18, 2021

    Texas Justices To Weigh Energen's Liability For Well Blast

    The Texas Supreme Court granted review to Energen Resources Corp. on Friday in its fight to block litigation over a worker's injury in a natural gas explosion by applying rules that limit a property owner's liability for contractors' injuries.

  • June 18, 2021

    GAO Calls Out Risks In Army Corps' Border Wall Approach

    The U.S. Army Corps of Engineers focused on speed when awarding billions of dollars in contracts for construction of the southwest border wall, raising the risk of paying unnecessarily high costs, according to the U.S. Government Accountability Office.

  • June 18, 2021

    Insurers Fight Steel Co.'s Coverage Bid On Pollution Claims

    A group of CNA Insurance units has sued Niagara LaSalle Corp. in Texas federal court, saying they have no duty to defend the steel bar manufacturer against two environmental remediation claims involving the company's alleged discharge of toxic materials.

  • June 18, 2021

    Texas Justices To Review $110M Slash Of Paper Plant Verdict

    The Texas Supreme Court on Friday agreed to review an appellate court's ruling that cut $110 million from a $125 million verdict against International Paper Company in a dispute with a contractor over damages related to unpaid invoices.

  • June 18, 2021

    Energy Deal Spat Faces Hurdles In Angola, Judge Told

    An Angolan energy company said that the conditions a New York federal judge set when he granted bids from General Electric and the Republic of Angola to dismiss a forgery suit "cannot be met" because of barriers to pursuing the case in Angola.

  • June 18, 2021

    Up Close With Pennsylvania's Top Environmental Official

    Pennsylvania's top environmental regulator says the state can make significant progress on its goal to cap thousands of abandoned oil and gas wells if the Biden administration can convince Congress to cough up funding for it in infrastructure legislation. This is the first in a series of interviews Law360 conducted with state environmental regulators.

  • June 18, 2021

    Goulston & Storrs Pins Failed Air Rights Project On Builder

    Goulston & Storrs PC on Thursday blamed construction magnate John Fish for the failure of a risky project to erect a skyscraper over the Massachusetts Turnpike in Boston, denying claims in a $300 million suit that the firm caused the project to "implode."

  • June 18, 2021

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

    The past week in London has seen a blockchain company sue Bryan Cave Leighton Paisner, one of the world's largest sugar producers file an insurance claim and drinks giant Pepsi lodge two intellectual property complaints. Here, Law360 looks at those and other new claims in the U.K.

  • June 17, 2021

    IP Forecast: Pro Wrestler Preps For Video Game Trial

    Professional wrestler Booker T is scheduled to take the stand next week before a Texas federal jury in a case alleging that video game giant Activision ripped off his military-themed persona to create a Call of Duty character. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • June 17, 2021

    Texas Panel Questions Concrete Plant Permit Requirements

    A central Texas environmental group challenging a concrete batch plant permit told a Texas appellate panel Thursday the state environmental agency shirked a legislative mandate to consider a plant's impact on air quality at nearby schools.

  • June 17, 2021

    9th Circ. Says EPA's Move On Alaska Mine Can Be Challenged

    A divided Ninth Circuit panel said Thursday that federal courts can review an environmental group's challenge to the U.S. Environmental Protection Agency's move to withdraw Clean Water Act restrictions that would have effectively blocked the Pebble Mine in Alaska.

  • June 17, 2021

    Grenada Hit With Claim Over Stymied Luxury Condo Project

    A real estate developer has accused Grenada of spooking investors into cutting the funding for a five-star condominium resort that will overlook the country's celebrated Grand Anse Beach by raising allegations that the funds for the project, obtained through a government program, have been misused.

  • June 17, 2021

    Biden Admin. Further Delays Lead And Copper Rule

    The U.S. Environmental Protection Agency has announced it is again delaying implementation of regulations aimed at protecting children from lead in their drinking water that were finalized in the waning days of the Trump administration.

  • June 17, 2021

    Casino Regulator Not On Hook For Wynn's $40M Discount

    A Massachusetts Gaming Commission decision wound up helping Wynn Resorts get a $40 million price cut on land it bought to build its Encore Boston Harbor casino, but a state judge ruled Wednesday that the regulator doesn't have to make it up to the seller.

  • June 17, 2021

    Trade Judges Press Government On Harm Of China Tariffs

    U.S. Court of International Trade judges posed sharp questions to the government on Thursday about the potential harm posed to importers if they cannot get refunds of tariffs paid on Chinese goods should their lawsuit against the levies succeed.

  • June 17, 2021

    Real Estate Rumors: Dattner Architects, Kushner, Beacon

    Dattner Architects is reportedly leasing 30,000 square feet in New York, Kushner Cos. is said to have paid $20.5 million for a Miami development site and Beacon Capital has reportedly scored $370 million in financing for the office portion of a Chicago mixed-use tower.

  • June 16, 2021

    7th Circ. Has Gruff Words For Home Designer IP 'Troll'

    The Seventh Circuit had little patience Wednesday for a copyright infringement suit filed by a Midwestern home design firm, calling the company a "copyright troll" looking to score easy money by suing other designers for using floor plans so basic their features could be found in about any family home.

Expert Analysis

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • Opinion

    NJ Fed. Court Should Ditch Litigation Funding Disclosure Plan

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    The District of New Jersey's wide-reaching proposal to require automatic disclosure of third-party litigation finance poses several problems for attorneys and litigants alike and should be nipped in the bud, say Sarah Williams and Marlon Becerra at Validity Finance.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • A Gov't Contractor's Road Map To Biden Cybersecurity Order

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    Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • How COVID Could Worsen The US Construction Defect Crisis

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    The COVID-19 pandemic has created market conditions that may aggravate the decadeslong construction defect crisis in the American housing market due to supply chain disruptions, skilled labor shortages and time crunches, say attorneys at Ball Janik.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Insurers Have Cause For Optimism In Labor Cost Rulings

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    Recent decisions from the high courts of South Carolina and North Carolina — holding that embedded labor costs can be depreciated from the replacement cost of property — bolster insurers’ moderate edge in these disputes and point to important implications for both insureds and insurers, says Richard Mason at MasonADR.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Opinion

    Ill. Noncompete Reform Balances Employee And Biz Interests

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    The noncompete bill recently passed by the Illinois Legislature protects due process for workers while preserving employers' ability to guard business assets — a rare political compromise that may reduce noncompete litigation but increase the chances of enforceability in court, say Peter Steinmeyer and Brian Spang at Epstein Becker.

  • Opinion

    Biden's Clean Energy Goals Require Big Hydrogen Push

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    To realize its ambitious renewable energy goals, the Biden administration, along with Congress, must promote the growth of the hydrogen industry using every available tool, including regulations, grants, tax incentives and direct purchases, say Abdon Rangel at Andersen Tax and John Taylor at King & Spalding.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

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