Construction

  • May 26, 2020

    Real Estate Rumors: FivePoint, Bank OZK, Ocean Bank

    FivePoint Holdings may scrap plans to build 750,000 square feet of office space in San Francisco and instead build health care-related space, Bank OZK has reportedly loaned $29 million for a Queens project, and Ocean Bank is said to be hoping to get $16.5 million with the sale of a Miami development site.

  • May 26, 2020

    Gas Storage Cos. Want $4M For Pipe Collapse

    An engineering company contracted to repair a well negligently applied too much force during a pipe replacement and caused over $4 million in damage, the well's operators have told a Texas state court.

  • May 26, 2020

    Farm Wants 8th Circ. To Review Its Ruling In Silo Damage Suit

    A farming company asked the Eighth Circuit on Tuesday to reconsider its finding that damage to grain silos was not an "accident" because it was a foreseeable result of shoddy workmanship, saying the panel's decision goes against precedent and essentially eliminates general liability coverage for contractors.

  • May 26, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    The COVID-19 pandemic found states monitoring scaled back Memorial Day weekend festivities that went off without a hitch in some places and resulted in crowd-limit violations in others, signaling challenges ahead as the beach season vies with continuing public health safety mandates.

  • May 26, 2020

    High Court Won't Mull Waiver In Painter's Ch. 11 Contract Row

    The U.S. Supreme Court on Monday refused to hear arguments from a construction company over whether it gave up its right to appeal in a contract dispute when it inked an agreement to drop the entirety of its claims if a Pennsylvania bankruptcy judge ruled against it in the case.

  • May 26, 2020

    9th Circ. Says Climate Suits Belong In State Court

    Chevron Corp. and other fossil fuel companies may have to face suits by California cities and counties seeking climate change-related infrastructure damages in state court after the Ninth Circuit said Tuesday that the cases don't raise issues of federal law.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    Commerce Wants Feedback On Derided Duty Exclusion Rules

    The U.S. Department of Commerce on Friday called for feedback on its process for excluding businesses from steep national security tariffs on steel and aluminum, a procedure that lawmakers and the business community have derided as slanted toward domestic producers.

  • May 22, 2020

    NJ Co. Asks To Move Texas Hotel Fraud Suit To Fed Court

    An elevator company has asked a federal judge to move a Dallas hotel venture's $1 million fraud suit against it out of state court, saying the state court had already ruled against a local construction firm also named in the case.

  • May 22, 2020

    Ex-GE Workers Accused Of Forgery In Angola Energy Deals

    Former General Electric employees are accused of forging and Photoshopping documents related to energy contracts in Angola and undermining a local business partner's $1.1 billion government contracts as part of a cover-up, according to a complaint filed in New York federal court.

  • May 22, 2020

    Wyden Says Next Virus Bill Should Boost Affordable Housing

    An overdue expansion of the low-income housing tax credit should be included in any legislation Congress considers to blunt the economic impact of the novel coronavirus pandemic, Senate Finance Committee ranking member Ron Wyden, D-Ore., said Friday.

  • May 22, 2020

    US Sets Dumping Duties Up To 293% On Steel Fitting Imports

    The U.S. Department of Commerce placed early duties as high as 293.4% on steel fittings from India and South Korea, finding that the products are being sold at unfairly low prices in the U.S., according to a Thursday statement.

  • May 22, 2020

    Virus Exacerbates Long-Standing Water Difficulties For Navajo

    Darrell Begay estimates that he spends at least 12 hours each week hauling water to his mother's house in Oaksprings, New Mexico, on the Navajo Nation reservation. He has 20 five-gallon jugs for drinking and washing, and plastic tanks for the family's sheep and cattle.

  • May 22, 2020

    Dems Want Highway Funds, Tax-Favorable Bonds In Virus Bill

    House Democrats are looking to bundle a five-year renewal of highway funding and a batch of tax-favorable victory savings bonds in an emerging economic recovery package aimed at spurring growth and countering effects of the COVID-19 pandemic.

  • May 22, 2020

    Real Estate Rumors: Chetrit, Altaris, Zurich Insurance

    Isaac Chetrit has reportedly paid $28.7 million for a New York development site, Altaris Capital is said to have picked up a California building from a 3M spinoff for $35.7 million, and a Zurich Insurance arm has reportedly bought a Whole Foods-anchored retail space in Florida for $46.75 million.

  • May 22, 2020

    Commercial Transactions Partner Joins Lewis Brisbois In Fla.

    Lewis Brisbois has added a new partner in its Fort Lauderdale, Florida, office who brings extensive experience handling a variety of commercial transactions and regulatory matters, especially involving the maritime and cruise industries.

  • May 21, 2020

    Trump Admin. Defends Border Wall Waivers At High Court

    The federal government on Thursday asked the U.S. Supreme Court to uphold two decisions tossing environmental groups' efforts to halt construction of the Trump administration's southern border wall in California, Arizona, New Mexico and Texas.

  • May 21, 2020

    Fla. Hotel Can Sue Tutor Perini For Allegedly Shoddy Work

    A Florida state judge ruled Thursday that the owner of a Fort Lauderdale hotel can sue the hotel's general contractor Tutor Perini for breach of fiduciary duty in a multimillion-dollar dispute over alleged construction defects and unpaid bills.

  • May 21, 2020

    FERC Divide Sharpens Over Gas Project Approvals

    The Federal Energy Regulatory Commission on Thursday advanced a pair of liquefied natural gas projects, although the agency's sole Democratic commissioner accused his colleagues of blindly approving projects despite concerns about the COVID-19 pandemic and slumping LNG demand.

  • May 21, 2020

    Chicago Tells 7th Circ. Park With Obama Center Is 'Still A Park'

    The city of Chicago argued Thursday that it should be allowed to let former President Barack Obama construct a $500 million presidential center on public park land, telling the Seventh Circuit a park featuring a presidential center is "still a park."

  • May 21, 2020

    Chinese Co. Seeks 9th Circ. Undo Of 'Frankenstein' Award

    A Chinese real estate developer has urged the Ninth Circuit to reverse a federal judge's confirmation of a $9 million arbitral award saying it owes two venture capital funds, arguing that the arbitrator bound the parties to a spliced-together "Frankenstein" agreement they never approved.

  • May 21, 2020

    Contractor Says Financing Co. Helped Clients Skip Payments

    A Florida remodeling company that performs energy-efficient home improvements said that an outfit certified by the government to finance the projects has an unfair policy that allows customers to skip out on paying contractors, according to a proposed class action filed Wednesday in California.

  • May 21, 2020

    Law Firm Can't Blame First Republic For $300K Email Scam

    A Boston law firm targeted by an email scam can't hold First Republic Bank responsible for processing a $337,000 counterfeit check and subsequent wire transfers because the bank was simply following the firm's directions, the Massachusetts intermediate-level appeals court ruled Wednesday.

  • May 21, 2020

    Sioux Tribes, Dems Want Dakota Access Easement Revoked

    Four Sioux tribes and more than three dozen Democratic members of Congress have urged a D.C. federal judge to pull an easement for the Dakota Access Pipeline, claiming a glut of crude oil in the U.S. undermines the federal government's claim that revoking access would disrupt American markets.

  • May 21, 2020

    Green Groups Tell 9th Circ. Feds Flubbed Water Permit Policy

    Environmental groups have asked the Ninth Circuit not to put on hold a Montana federal judge's decision to void a common nationwide water permit for use with new oil and gas pipeline construction, saying the fault lies with the federal government for ignoring its potential impact on protected species.

Expert Analysis

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Texas Case Could Put Electronic Agreements In Jeopardy

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    A dispute between staffing firm Aerotek and four former employees over enforceability of electronic arbitration agreements, currently being petitioned for review by the Texas Supreme Court, could signal a big problem not only for employers but all companies that transact business outside of their own locale, says Abby Brown at Moye White.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Contingent Fees A Great Option For Cos. During Downturn

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    In-house counsel may assume that "elite" law firms will turn up their noses at the idea of contingent fees, but such arrangements, whether pure or hybrid, are offered by many firms — even to defendants — and may be the answer to tight litigation budgets, say attorneys at Fish & Richardson.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • Opinion

    The Post-Pandemic Workplace Needs Better Safety Regulation

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    Allowing businesses to reopen without emergency regulations from the Occupational Safety and Health Administration and with liability protections for businesses send a terrible, confidence-sapping message to workers and consumers, and will unnecessarily jeopardize economic recovery, says Charles Jeffress, former assistant secretary at OSHA.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • Litigating Lending Agreements During And After Pandemic

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    When faced with potential disputes over funding obligations in deals agreed to — but not closed — before the pandemic, parties should carefully review key lending agreement provisions, such as force majeure and conditions precedent, say Andrew Kratenstein and Chelsea Cosillos at McDermott.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • Key Issues In Pandemic-Induced Contract Disputes

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    While many contract disputes due to COVID-19 are sure to raise novel issues in litigation and arbitration, companies across industries can benefit from understanding certain commonalities — related not only to affirmative defenses and burdens of proof, but also to relevant evidence, expert testimony and winning strategies, says James Ferguson at Mayer Brown.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • How USPTO Examiner Type Affects Patents: Part 1

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    Michael Sartori and Matt Welch at Baker Botts analyzed 10 years of data and found that certain types of examiners at the U.S. Patent and Trademark Office allow and examine disproportionately more U.S. patents each year than other types of examiners, resulting in few allowing many, and many allowing few.

  • Case Law May Guide NY Employers On COVID-19 Bias Risks

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    With New York's Human Rights Laws extended to cover COVID-19-related discrimination, employers can look to prior court opinions involving analogous claims for guidance on limiting their liability, says Matthew Marcucci at Meyer Suozzi.

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