Construction

  • September 26, 2022

    Gibson Dunn Adds Real Estate Attorney In Orange County

    Gibson Dunn & Crutcher LLP has recruited a real estate expert who previously served as general counsel for a multifamily and mixed-use development company to join its Orange County, California, office as of counsel.

  • September 23, 2022

    Kushner Co. To Pay Md. $3.25M To End Rental Upkeep Claims

    A property management company partially owned by former President Donald Trump's son-in-law Jared Kushner agreed to pay $3.25 million plus restitution to end claims from the state of Maryland that its rental properties were poorly maintained, the state announced Friday.

  • September 23, 2022

    SG Office Urges High Court To Clarify Lanham Act's Reach

    Solicitor General Elizabeth Prelogar urged the U.S. Supreme Court on Friday to weigh in on the jurisdictional reach of U.S. trademark law in a $113 million trademark case over radio control systems that could determine whether the Lanham Act's scope extends outside the U.S.

  • September 23, 2022

    Chancery Rejects 'Ethereal' Steel Connect Settlement

    A Delaware court on Friday rejected a revised settlement to a Steel Connect Inc. shareholders' lawsuit challenging the logistics company's $476 million purchase of corporate marketing firm IWCO Direct in 2017, leaving Steel Connect shareholders with uncertainty as they head into a vote next week to take the company private.

  • September 23, 2022

    9th Circ. Revives Fight Allowing Water For Trout Migration

    A dispute over securing more water from Twitchell Dam in California to protect an endangered trout species is heading back to a federal court in the state after the Ninth Circuit found Friday that the operation of the dam violated the Endangered Species Act.

  • September 23, 2022

    Real Estate Rumors: Principal, Diversified Partners, Baldwin

    Principal Life Insurance has reportedly loaned $57.9 million for an Arizona multifamily project, Diversified Partners reportedly could redevelop an Illinois golf course, and Alec Baldwin is said to be seeking a $29 million sale of a Hamptons estate.

  • September 23, 2022

    9th Circ. Asked To Overturn Decision On Tribal Casino Plans

    Anti-casino advocates in California have asked the Ninth Circuit to reverse a lower court ruling that upheld plans for a tribal gaming facility near Sacramento, arguing that the judge erred in leaning on a 2017 appellate decision that was only "advisory" and not meant to be precedential.

  • September 23, 2022

    Del. Court Pauses Cell Tower Co. Sale After Investor Sues

    Delaware's Chancery Court on Friday put on hold a pending deal for telecommunications infrastructure firm Parallel Infrastructure LLC, after Australia-based property investor Lendlease America Inc. sought an emergency court order to stop the sale.

  • September 23, 2022

    Owens-Illinois Unit Ordered To Open Asbestos Claim Database

    A Delaware bankruptcy judge has told the reorganized asbestos unit of Owens-Illinois Inc. that it will have to open its database of asbestos injury claims to a pair of companies facing their own asbestos liability in pending North Carolina bankruptcy cases.

  • September 23, 2022

    Contractor Hits Kraft With $7.6M Facility Project Suit

    An Ohio-based contracting company says Kraft Heinz Food Co. LLC and HJ Heinz Co. owe it $7.6 million for labor and materials stemming from a project to enhance an Ohio facility.

  • September 23, 2022

    9th Circ. Ruling Backs Tossing Of Wind Farm Suit, Feds Say

    The Ninth Circuit must toss a bid by two California ranchers and their conservation group to revive their environmental challenge to a planned wind farm on tribal land following a decision earlier this month dismissing an "indistinguishable" Oregon challenge to irrigation decisions, the federal government has argued.

  • September 23, 2022

    Narragansett Tribe Fights RI's Bid To Escape Highway Suit

    The Narragansett Indian Tribe urged a D.C. federal judge to reject Rhode Island's bid to escape claims in the tribe's suit seeking $30 million for the destruction of cultural sites amid construction of a highway bridge, saying the state colluded with the Federal Highway Administration to violate federal law.

  • September 23, 2022

    Developers Can't Block Philly Project Labor Deal

    A Pennsylvania federal judge tossed a lawsuit by a trio of real estate developers seeking to block the city of Philadelphia from citing a past settlement to make them use union labor on new projects, saying the case is premature because the city has not threatened to enforce the pact.

  • September 23, 2022

    Builder In Tribal Casino Pay Dispute Again Asks For Dismissal

    A contractor asked a Northern California federal court judge on Thursday to dismiss an amended complaint by the Coyote Valley Band of Pomo Indians that claims a dispute over an unfinished casino project belongs in tribal court and that the tribe maintains sovereign immunity.

  • September 23, 2022

    Boy Scouts Appeals Roll In, Alex Jones Ch. 11 Attys Nixed

    More than a dozen insurers commenced appeals of the Boy Scouts of America's confirmed Chapter 11 plan, proposed attorneys and advisers in an Alex Jones-linked bankruptcy were disqualified, and talc injury claimants questioned the good faith of Johnson & Johnson's talc unit in filing for bankruptcy. This is the week in bankruptcy.

  • September 23, 2022

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

    The past week in London has seen investors in a Disney film financing scheme look for a fairytale ending against HSBC, a scuppered Forex company sue a card payments provider in a breach of contract claim, and Boots Opticians eye up a commercial contracts claim against NHS England. Here, Law360 looks at these and other new claims in the U.K.

  • September 22, 2022

    Ballard Spahr Adds Veteran Real Estate Atty In Minneapolis

    Veteran real estate attorney Angela Christy joined Ballard Spahr LLP's real estate department and affordable housing and community development group as a new partner based in Minneapolis, the firm announced Thursday.

  • September 22, 2022

    Russia Market Economy Review Moves To Rubber Probe

    The U.S. Department of Commerce will shift its current review of Russia's free market status, which ran in tandem with a now-concluded probe of fertilizer imports, to an ongoing inquiry into rubber imports, according to a notice posted Thursday.

  • September 22, 2022

    EPA GC Tells Attorneys To Expect Climate Action

    The U.S. Environmental Protection Agency's top lawyer on Thursday said the U.S. Supreme Court's recent ruling limiting the federal government's power to regulate greenhouse gases from existing power plants will not stop the agency from making "significant" climate change-related regulatory changes.

  • September 22, 2022

    Construction Co. Can't Escape Gold King Mine MDL

    A New Mexico federal judge has shot down contractor Harrison Western Construction Corp.'s request to be let out of a lawsuit from Navajo farmers over the 2015 Gold King Mine spill, rejecting the Colorado-based company's assertion that the court lacks jurisdiction.

  • September 22, 2022

    Trump Fraud Referrals Present Political Minefield For DOJ, IRS

    The New York attorney general's criminal referrals to the U.S. Department of Justice and the IRS stemming from her probe of former President Donald Trump will force prosecutors to walk a political tightrope, given Trump's accusations of bias and Republicans' animus toward the IRS.

  • September 22, 2022

    Tribal Council Urges 8th Circ. Not To Revive RICO Suit

    The Three Affiliated Tribes' governing council urged the Eighth Circuit on Thursday to reject a bid by a tribal member to revive her Racketeer Influenced and Corrupt Organizations Act claims that the council defrauded her company of nearly $46 million, saying a lower court rightly found the council kept its immunity to the suit.

  • September 22, 2022

    9th Circ. Revives Trump-Era Endangered Species Rollbacks

    A series of measures that the Trump administration took to weaken the Endangered Species Act are in effect again, at least temporarily, after the Ninth Circuit found that a California federal judge "clearly erred" in voiding those policies this summer without weighing their legal merits.

  • September 22, 2022

    Insurer Says Construction Co. Not Covered In Wage Theft Row

    A Hartford unit said it has no duty to defend or indemnify a paving and construction company in three underlying actions over improper wage practices, telling a Pennsylvania federal court Thursday that its policy does not cover restitution or losses known prior to the policy's inception date.

  • September 22, 2022

    Former California Superior Court Judge Joins JAMS

    Retired California Superior Court Judge Barry Baskin has joined JAMS, the alternative dispute resolution services organization.

Expert Analysis

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Opinion

    FERC Proposal Conflicts With 'Major Questions' Doctrine

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    Federal Energy Regulatory Commission Chairman Richard Glick's recent claim that FERC retains the right to evaluate the greenhouse gas emissions of natural gas projects flies in the face of the so-called major questions doctrine laid out by the U.S. Supreme Court earlier this year, says attorney Terry Campo.

  • Worker Misclassification Poses Large Perils For NJ Cos.

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    Considering the New Jersey Legislature’s and governor’s recent focus on worker misclassification — as well as the state supreme court’s recent interpretation of the so-called ABC test — the dangers of noncompliance for businesses that use independent contractors cannot be understated, say Brent Bouma and Peter Shapiro at Lewis Brisbois.

  • 3rd Circ. Decision Highlights Enviro Law Notice Requirements

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    The Third Circuit's recent dismissal of Shark River Cleanup Coalition v. Township of Wall is a reminder of an important but often overlooked aspect of citizen suits brought under environmental laws like the Clean Water Act: Plaintiffs' failure to comply with statutory notice requirements can have significant consequences, says Charles Dennen at Archer.

  • How COVID Has Changed Project Development And Finance

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    Two and a half years into the pandemic, some COVID-19-specific provisions are now common in the project development and finance markets, while others are still undergoing negotiation, say Nate Galer and Katy McNeil at Mayer Brown.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • A Law Firm's Guide To Humane Layoffs As Recession Looms

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    Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

  • All Employers Must Heed Md. Paid Commuting Time Ruling

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    The Maryland Court of Appeals’ recent ruling that federal pay carveouts for preliminary work don't apply to state wage laws is a wake-up call for employers nationwide, who should proactively review their employees' pre- and post-shift activities, analyze state laws, and take steps to avoid liability, say Kirsten Eriksson and Elisabeth Hall at Miles & Stockbridge.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • Dropped FCPA Case Holds Key Reminder For Defense Attys

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    The U.S. Department of Justice’s recent decision, based on newly discovered evidence, to drop Foreign Corrupt Practices Act charges against two defendants involved in a Haitian port development project underscores the need for defense counsel to hold the DOJ to its own policies and precedents in all types of criminal cases, say attorneys at Miller & Chevalier.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

  • Rebuttal

    ABA Is Defending Profession's Values From Monied Influences

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    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

  • Inflation Reduction Act A Boon To Hydrogen, Carbon Capture

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    The Inflation Reduction Act's tax credits and direct payments, extension of existing renewable electricity subsidies, and other benefits will accelerate hydrogen and carbon capture projects across the U.S. — and will likely draw capital into the country that would otherwise have gone to projects elsewhere, say attorneys at Shearman.

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