Construction

  • January 31, 2024

    No Fee Win For Condos After Midcase Appeal, 11th Circ. Told

    The Eleventh Circuit should not grant attorney fees to two Florida condominium associations that persuaded the court to reject Empire Indemnity Insurance's bid to avoid appraisal, the insurer told the court, arguing their victory over the insurer's appeal doesn't entitle them to recover those costs.

  • January 31, 2024

    Tribes, Enviro Orgs. Try To Join Tongass Roadless Rule Fight

    A coalition of tribes, conservation groups, fishers and tourism businesses is pushing to help defend a 2023 rule that reinstated roadless area protections for about 9 million acres in Tongass National Forest and is now being challenged by Alaska, power companies and business and industry groups.

  • January 31, 2024

    Treasury Aims To Finish Credit Monetization Rules In 2024

    The U.S. Department of the Treasury aims to issue final rules this year on two new ways to monetize tax credits tied to clean energy construction projects, known as the direct pay and transferability methods, an official said.

  • January 30, 2024

    Biden Admin. Finalizes Immigration Fee Hikes

    U.S. Citizenship and Immigration Services on Tuesday firmed up immigration fee increases that will significantly raise the costs for employers to hire noncitizen workers, but offered some concessions in response to criticism that earlier proposed rates were too high.

  • January 30, 2024

    Paint Co., Insurer Denied Wins In Asbestos Coverage Spat

    A drywall and paint company and its excess insurer can't toss each other's cross-claims in a lawsuit by the company's primary insurers, a Texas federal judge ruled, finding Tuesday that both parties sufficiently pled their arguments in the dispute over whether the company exploited its primary insurers in underlying asbestos litigation.

  • January 30, 2024

    DC Judge Hints At Tossing 2020 Fla. Enviro Review Transfer

    A D.C. federal judge hinted that he was considering granting a collective of environmental groups' request to undo the transfer of a key environmental permitting step from the federal government to Florida state regulators, a move the groups say threatens protections for endangered species.

  • January 30, 2024

    Conn. Security Co. Says Toll Bros. Deal Caused $1.6M Loss

    The president of two Connecticut-based home security entities facing a $2.7 million prejudgment remedy bid in a contract feud filed by a Toll Brothers Inc. subsidiary on Tuesday testified that his companies lost $1.6 million by buying some of the nationwide home builder's accounts.

  • January 30, 2024

    Wash. Panel Says Legal Malpractice Suit Is Time-Barred

    A Washington state appeals court declined on Tuesday to revive a case accusing a law firm of botching terms in the sale of a client's construction company, finding that the client waited past the three-year statute of limitations to file his legal malpractice claims.

  • January 30, 2024

    Holtec, Firm Fined $5M Over NJ Tax Credit Applications

    A New Jersey-based energy technology company and a real estate firm are avoiding criminal prosecution for unlawfully exploiting a state tax incentive program by agreeing to pay $5 million in penalties and be monitored in future applications for state benefits, the state attorney general announced Tuesday.

  • January 30, 2024

    Tenn. Judge Hands Insurer Win In Collapse Coverage Trial

    A North Carolina-based insurance company isn't obligated to cover over $1 million in claimed damages and lost rental income connected to the restoration of a century-old building in Chattanooga, a Tennessee federal judge found in a trial ruling Tuesday.

  • January 30, 2024

    Pipeline Builder Says Insurer Owes Defense In Explosion Suit

    A pipeline construction company told a Texas federal court Tuesday that a subcontractor's insurer must defend the company in a personal injury suit stemming from a nitrogen gas explosion, asserting that it qualifies as an additional insured.

  • January 30, 2024

    FERC Can't Justify Grid Upgrade Cost Order, NY Utilities Say

    New York utilities fired back at the Federal Energy Regulatory Commission's defense of its refusal to allow them to earn returns from grid upgrades, telling the D.C. Circuit the commission has ignored the impact of climate change on the electrical grid and has misinterpreted the Federal Power Act.

  • January 30, 2024

    Pipeline Cos. To Pay $7.4M For Oil Spill On Tribal Land

    U.S. officials are proposing an agreement for two companies to pay $7.4 million in penalties to settle Clean Water Act claims stemming from a July 2022 pipeline rupture in Oklahoma that spilled several hundred thousand gallons of crude oil into a creek on land owned by the Sac and Fox Nation.

  • January 30, 2024

    Fennemore Craig Growing In Calif. With Sullivan Hill Merger

    In its latest West Coast expansion, Fennemore Craig PC announced Tuesday it is widening its footprint in San Diego through a merger with Sullivan Hill, with the latter's experts in insurance, construction, commercial bankruptcy and employment law joining Fennemore's existing four-attorney team in the city.

  • January 30, 2024

    EB-5 Investors Can Probe Atty Accounts In Settlement Search

    Chinese investors looking to collect long-overdue settlement and sanctions judgments in a fraud case can probe the bank accounts for attorneys representing two real estate developers accused of constantly shifting their assets to avoid paying up, an Illinois federal judge said Tuesday.

  • January 30, 2024

    Colo. Worker Says Pa. Staffing Agency Shorted Wages

    A Pennsylvania staffing agency has been underpaying its Colorado workers, slashing overtime wages by paying them only for their scheduled hours rather than hours they worked and rounding their time sheets to the nearest full hour, according to a proposed class action in Pennsylvania state court.

  • January 29, 2024

    Solar Importers Call To End Suit Over Tariff Reprieve

    Solar energy industry groups and equipment suppliers have piled up motions to intervene in support of the government in a case challenging President Joe Biden's pause on solar circumvention tariffs, with two calling to toss the suit altogether.

  • January 29, 2024

    Builder Tries To Sink Lawsuit Over Failed NC Venture

    A North Carolina builder has pushed back against a lawsuit from his former business partner seeking the return of a Charlotte-area property, saying that the filing doesn't include a necessary party and that the claims are derivative.

  • January 29, 2024

    Ex-Union Leader Says Witness Should Sink Embezzlement Verdict

    Former Philadelphia union leader John Dougherty asked a federal judge Monday to undo his conviction on nine counts of embezzlement, arguing that a contractor's testimony failed to prove Dougherty knew the contractor was billing the union for work on union officials' personal properties.

  • January 29, 2024

    International Arbitration Expert Rejoins Curtis In Geneva

    Curtis Mallet-Prevost Colt & Mosle LLP has announced that "a leading lawyer of her generation" in international disputes and international arbitration has rejoined the firm as a partner in its Geneva office.

  • January 29, 2024

    Military Contractor Pays $16M In Wages After DOL Probes

    A disaster management company and 61 subcontractors cheated about 2,800 workers out of approximately $16 million in wages and almost 25,000 hours of paid sick time while they provided aid to Afghan refugees at a New Jersey military base, the U.S. Department of Labor said Monday.

  • January 29, 2024

    Locke Lord Accused Of Playing 'Cat And Mouse' To Avoid Suit

    An oil company suing Locke Lord LLP for malpractice over a refinery financing project gone wrong has told a New Jersey state court that it has jurisdiction over the Texas-based firm and asked to add an unauthorized practice of law claim.

  • January 29, 2024

    Kennedys Brings On 7 Marshall Dennehey Construction Attys

    Kennedys continued its recent growth with a seven-member construction litigation team from Marshall Dennehey in New York and New Jersey made up of one partner, who was also the former co-chair of Marshall Dennehey's maritime litigation practice, one special counsel and five associates.

  • January 29, 2024

    Fla. Law Firm Escapes Contractor's Malpractice Suit

    A Florida federal judge has agreed to toss a storm damage contractor's more than $1 million lawsuit centering on an acrimonious breakup with its former law firm, but allowed the contractor a chance at refiling its legal malpractice claims.

  • January 29, 2024

    Trump Assails Fraud Monitor For 'Misleading' Final Report

    Counsel for former President Donald Trump denounced the independent monitor overseeing his businesses on Monday, accusing her of seeking to extend her term and get more money by bolstering the New York attorney general's civil fraud case as a decision looms.

Expert Analysis

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • AI Use May Trigger False Claims Act's Public Disclosure Bar

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    The likely use of publicly available artificial intelligence tools to detect government fraud by combing through large data sets will raise complex questions about a False Claims Act provision that prohibits the filing of claims based on previously disclosed information, say Nick Peterson and Spencer Brooks at Wiley Rein.

  • Unpacking GAO's FY 2023 Bid Protest Report

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    The U.S. Government Accountability Office's recent bid protest report reflects an increase in sustained protests, illustrating that disappointed offerors may see little reason to refrain from seeking corrective action — but there is more to the story, say Aron Beezley and Patrick Quigley at Bradley Arant.

  • Key Shifts In EU, UK Emissions Credits: Challenges For Cos.

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    An upcoming deadline to apply for free carbon dioxide emissions allowances in the European Union, and a reduction in the supply of similar allowances in the U.K., are likely to increase competition for allowances, and cause production, supply chain and contract issues for companies, say attorneys at Orrick.

  • 5th Circ. Ruling May Beget Fraud Jury Instruction Appeals

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    The Fifth Circuit’s recent U.S. v. Greenlaw decision, disapproving disjunctive fraudulent-intent jury instructions, will likely spawn appeals in mail, wire and securities fraud cases, but defendants must show that their deception furthered ends other than taking the victim's property, says Charles Fowler at McKool Smith.

  • Breaking Down Insurers' Improper Recoupment Efforts

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    In a recent trend, insurance companies have sought to recoup defense costs from their policyholders, but there are four counterarguments that policyholders can deploy to fend off these concerning recoupment efforts, say William Passannante and Nicholas Bradley at Anderson Kill.

  • House Bill Could Help Resolve 'Waters Of US' Questions

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    Legislation recently introduced in the U.S. House that would restore Clean Water Act protection to areas excluded from it by the U.S. Supreme Court's Sackett v. EPA decision faces an uphill battle, but could help settle the endless debates over the definition of "waters of the United States," says Richard Leland at Akerman.

  • California's Offshore Turbine Plans Face Stiff Headwinds

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    To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Series

    ESG Around The World: The UK

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    Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Rebuilding The Construction Industry With AI

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    Artificial intelligence in the construction industry will usher in a new era of innovation and efficiency, leading to cheaper, safer and more environmentally conscious building practices, but it will also bring concerns related to data security, workforce training and job displacement, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

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