Construction

  • October 26, 2021

    Ojibwe Tribe Tells 8th Circ. Its Court Should Hear Pipeline Suit

    The White Earth Band of Ojibwe urged the Eighth Circuit on Tuesday to reject a Minnesota agency's bid to block its tribal court from hearing a challenge to an Enbridge pipeline expansion, saying the lower court rightly found that the tribe and its chief judge both have sovereign immunity to the agency's claims.

  • October 26, 2021

    Cincinnati Sees Case Tossed After Evidence Was Scrapped

    An Illinois federal judge held that case dismissal was an appropriate sanction against Cincinnati Insurance Co., after its policyholder scrapped a machine that it claimed a Caterpillar unit broke when it caused a power surge.

  • October 26, 2021

    Construction Co. Urges Texas Justices To Undo $1.1M Award

    The Texas Supreme Court on Tuesday zeroed in on whether it should apply substantial compliance or strict compliance in reviewing the contracts underlying a $1.1 million dispute over a soured deal to build a Louisiana chlor-alkali plant.

  • October 26, 2021

    Business Groups Urge Stay On Vacating Trump Water Rule

    Business groups say an Arizona federal judge put an undue economic strain on their members by vacating a Trump-era rule that narrowed the reach of the Clean Water Act instead of leaving the rule intact while the Biden administration comes up with a replacement.

  • October 26, 2021

    Real Estate Rumors: National Retail, Constangy, Gomez

    National Retail Properties is reportedly considering building a 31,139-square-foot Publix in Florida, Constangy Brooks Smith & Prophete LLP is said to be moving to 5,315 square feet in Brooklyn, and Gomez Development Group has reportedly landed $45 million in financing for a Florida medical office project.

  • October 26, 2021

    Feds Propose Rescinding Trump-Era Species Habitat Rules

    The Biden administration on Tuesday proposed rescinding two Trump-era Endangered Species Act rules relating to how agencies define and designate habitat for plants and animals, saying they run counter to the law's intent.

  • October 26, 2021

    Connell Foley Freed From NJ Condo Owners' Suits

    Condominium buyers alleging that the developer of New Jersey's tallest building sold them shoddy units have agreed to drop their claim against Connell Foley LLP, the firm holding their escrow money.

  • October 25, 2021

    Insurer Wants 7th Circ. To Free It From $6M Menard Payout

    An excess insurer urged the Seventh Circuit on Friday to revive its claim it owes no coverage for a $6 million settlement that Menard Inc. agreed to pay in a personal injury lawsuit, saying the home improvement chain had a duty to reasonably settle the case when a $2 million offer was on the table.

  • October 25, 2021

    PJM Blasts $2.5B Power Line Developer's FERC Fight

    PJM Interconnection on Friday urged the Federal Energy Regulatory Commission to dismiss a complaint from developers of a proposed $2.5 billion power line claiming the nation's largest regional grid operator has erected unnecessary barriers to new, independent transmission projects.

  • October 25, 2021

    Yocha Dehe Tribe Backs DOI In Scotts Valley Casino Land Suit

    The Yocha Dehe Wintun Nation has backed the federal government's bid to toss another tribe's suit over its rejected casino plan, agreeing that the rival tribe doesn't have a sufficient historical connection to a 128-acre land parcel where it hopes to build its gambling venue.

  • October 25, 2021

    Real Estate Rumors: Alvarez, Extell, Salvation Army

    An entity affiliated with investor Arturo Alvarez has reportedly paid $13.9 million for a Florida office property, Extell is said to have leased out 200,000 square feet in a New York tower it will soon break ground on and the Salvation Army reportedly has a deal to sell a Florida store to a developer that's seeking a zoning change for the site.

  • October 25, 2021

    DC Circ. Nixes Missionaries' $39.5M Claim Against DR

    The D.C. Circuit found that two missionaries waited too long to revive a $39.5 million claim against the Dominican Republic for denying them permission to expand a gated luxury development called "God's Hammock," and then wasted ink complaining to the court about filing deadlines.

  • October 25, 2021

    EPA Sets Toxicity Guideline For Newer 'Forever Chemicals'

    The U.S. Environmental Protection Agency on Monday said substances originally marketed as newer and safer types of "forever chemicals" could still be a risk to human health, and clarified how much exposure is dangerous based on the potential for liver damage and other issues.

  • October 25, 2021

    DC Circ. Says District's Transit Immune To Elevator Bid Claims

    Washington, D.C.'s transit authority is immune to claims that it arbitrarily rejected a bid to replace elevators throughout the Metro rail system, a D.C. Circuit panel has ruled, upholding a lower court's dismissal of the October 2020 suit.

  • October 25, 2021

    11th Circ. Won't Revive Efforts To Get Florida Dam Torn Down

    The Eleventh Circuit on Monday shut down a lawsuit alleging Florida is unlawfully operating a dam and reservoir on federal forest land because it has refused to sign on to a renewed permit for occupying the land that comes with strings attached.

  • October 22, 2021

    Colo. Jury Awards $8.4M To Worker After Electric Shock

    Colorado state jurors awarded $8.4 million to an electrician who suffered long-term injuries from an electric shock at a job site after they found construction company Q3 Contracting Inc. was to blame for leaving live wires exposed, court papers showed.

  • October 22, 2021

    Trump-Era Clean Water Rule Hit With Death Blow

    A California judge delivered a mortal blow to a Trump-era Environmental Protection Agency rule that had restricted state and tribal authority to deny permits under the Clean Water Act, saying that the EPA and intervening oil and gas industry interests all "failed to persuade" him against vacatur.

  • October 22, 2021

    Clean Energy Borrowers Ask Full 9th Circ. To Review Cert. Bid

    A group of homeowners who allege they were misled before taking out clean energy loans want the full Ninth Circuit to review what they say was a panel's wrongful denial of class certification.

  • October 22, 2021

    Real Estate Rumors: Trinsic Residential, BTG, Charlie Ladd

    Trinsic Residential has reportedly landed $57.1 million for a Florida multifamily project, BTG Pactual is said to be leasing roughly 15,000 square feet in Miami, and an entity managed by investors Charlie Ladd and Steve Hudson has reportedly bought a Florida shopping center for $40 million.

  • October 22, 2021

    Truce Reached In Fight Over Oregon Hydropower Operations

    Oregon and a coalition of green groups and Native American tribes agreed Thursday to pause their lawsuit against the federal government over hydropower practices on the Columbia River as the parties work toward a settlement of the long-running litigation.

  • October 22, 2021

    Miami's Haber Law Picks Up Ex-Boies Partner In Pair of Hires

    Haber Law, a boutique firm focused on construction law in Miami, picked up two new attorneys in recent weeks, including a veteran partner the firm lured away from Boies Schiller Flexner LLP.

  • October 22, 2021

    GAO Backs New Biz's 'Unacceptable' Work History Rating

    The U.S. Government Accountability Office backed the U.S. Department of Labor's decision to award a $43 million construction contract to an experienced Mississippi contractor, rejecting a newly formed company's arguments that it was wrongly faulted for its inexperience.

  • October 21, 2021

    Texas, Missouri Sue To Force Biden To Build Border Wall

    Texas and Missouri on Thursday asked a Lone Star State federal court to force President Joe Biden to restart construction on the Southern border wall, arguing that his administration broke the law when it halted construction even though Congress already designated billions for the project.

  • October 21, 2021

    High Court Urged To Reverse 'Impossible' Review Standard

    A coalition of conservationists and ranchers has asked the U.S. Supreme Court to review a Ninth Circuit ruling that the federal government need not subject immigration policies to environmental review, saying it created an "impossible" standard for challenging immigration programs.

  • October 21, 2021

    Katerra's Ch. 11 Wind Down Plan Gets Texas Court Approval

    The Chapter 11 plan of construction startup Katerra Inc. received bankruptcy court approval Thursday in Houston after the debtor was able to achieve full consensus on its plan to distribute the proceeds of asset sales to unsecured creditors.

Expert Analysis

  • 5 Policy Changes To Prevent Another Surfside Tragedy

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    As a result of the collapse of the Champlain Towers South in June, state and local governments will likely take steps to strengthen building regulations and ensure that condominium associations maintain adequate reserve funds to perform necessary repairs, say Michael Polentz and Daniel Abram at Manatt.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • What Evolution Of Public Nuisance Claims Means For Cos.

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    As public nuisance suits against corporations have grown, and courts are increasingly given such claims greater credence, companies across many industries may now find themselves facing liability, say Laura Flahive Wu and Nicole Antoine at Covington.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • 7 Questions Condo Buyers Must Ask In Light Of Fla. Collapse

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    Condominium owners are potentially the least informed group of real estate purchasers, but following Florida's Champlain Towers tragedy, buyers should take steps to gather crucial information to assess the safety and property value of prospective purchases, says Tyler Berding at Berding & Weil.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • How Canceling The Border Wall Affects Gov't Contractors

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    President Joe Biden's cancellation of the border wall project has left some federal contractors in the lurch, but including protective flow-down termination clauses in their contracts can guard against subcontractor liability and ensure recovery, says Adrien Pickard at Shapiro Lifschitz.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • 5th Circ. Ruling Aids Policyholder Deductible Calculations

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    In its recent McDonnel Group v. Starr Surplus Lines Insurance decision, the Fifth Circuit held that the policy's flood deductible language was ambiguous, providing a win for policyholders and a helpful mathematical interpretation for insureds with similar deductible language in their property insurance policies, says Tae Andrews at Miller Friel.

  • Protecting Attorney-Client Privilege In Human Rights Audits

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    As investors and customers increasingly demand corporate plans to address human rights concerns, multinational companies conducting audits and other due diligence should consider four practical steps to maximize the protections of attorney-client privilege while still fostering effective engagement with stakeholders, say Katherine Pappas and Virginia Newman at Miller & Chevalier.

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