• May 18, 2018

    Trump's Fish And Wildlife Service Targets ESA Restrictions

    The U.S. Fish and Wildlife Service recently continued its shift toward more industry-friendly policies by issuing Endangered Species Act guidance that gives companies more power to decide whether they need certain permits, and now appears poised to roll back a decades-old rule that extended automatic protections to species listed as threatened.

  • May 18, 2018

    9th Circ. Affirms Staffing Agency's 2nd Try At $4.5M Deal

    The Ninth Circuit affirmed a $4.5 million settlement resolving wage and meal break claims between Labor Ready Southwest Inc. and a class with more than 200,000 members after rejecting the parties’ earlier agreement, finding Friday that the district court adequately examined the deal’s fairness the second time around.

  • May 18, 2018

    Construction Exec Cops Plea Before 'Buffalo Billion' Trial

    An executive with Buffalo construction firm LPCiminelli avoided trial on charges of rigging hundreds of millions of dollars' worth of bids connected to New York Gov. Andrew Cuomo's “Buffalo Billion” revitalization initiative, copping Friday to conspiracy and wire fraud and agreeing to testify against his colleagues.

  • May 18, 2018

    ENGlobal, NASCO Settle Power Plant Contract Fight

    ENGlobal US Inc. and construction management company Native American Services Corp. have settled a dispute over a biomass power plant project contract, prompting a Texas federal judge to dismiss the case Friday.

  • May 18, 2018

    3rd Circ. Won’t Rethink Cert. Denial In Owens Corning Suit

    The Third Circuit on Friday said the full court will not rehear the appeal of a proposed class of consumers suing Owens Corning over the quality of their roof shingles, cementing a panel’s finding that the consumers could not show that all of the products in question had the alleged defect.

  • May 18, 2018

    Energy Savings Co. Investors Allege $5M Push-Out Scheme

    The co-founder and an early investor of Energy Efficient Equity Inc., a company that provides financing for energy and water savings home improvements, have filed a suit against a venture capital fund and its officers alleging the company used a $5 million loan to push them out, according to a complaint made public Friday in Delaware state court.

  • May 18, 2018

    OSHA Floats Changes To Crane Operator Qualification Rules

    The Occupational Safety and Health Administration said Friday it is looking to make changes to the certification and evaluation process for crane operators, floating a proposal requiring additional employer evaluations and limiting lifting capacity certification provisions.

  • May 18, 2018

    Lennar Wants $970M CalPERS Fraud Suit In Bankruptcy Court

    A suit alleging that Miami-based home builder Lennar created and bankrupted a development company in order to swindle $970 million from the California Public Employees' Retirement System belongs in a Delaware bankruptcy court, the builder said Thursday.  

  • May 18, 2018

    US Prepares To Hit 6 Countries With Steel Tubing Duties

    Mechanical steel tubing from China, Germany, India, Italy, South Korea and Switzerland will soon be slapped with anti-dumping duties, according to the U.S. International Trade Commission.

  • May 18, 2018

    Brownfield Redevelopment Evolving As Savvy Grows

    Building on contaminated properties known as brownfields can be an attractive option for developers savvy enough to maximize tax and liability benefits that can accompany such projects and dodge potential stumbling blocks that could lead to unanticipated environmental and community concerns.

  • May 17, 2018

    10th Circ. Caps Ski Resort Project Insurer's Liability At $5M

    The Tenth Circuit ruled Thursday that National Union Fire Insurance Co. of Pittsburgh's liability for defects on Intrawest's dozens of ski resort condo construction projects was limited to $5 million total, leaving excess insurer Federal on the hook for the $8 million-plus it shelled out on Intrawest's behalf in two suits.

  • May 17, 2018

    Plans For $4B Miami Mega-Mall Advance With Key Approvals

    Plans for the massive American Dream Miami entertainment-retail complex passed key mileposts Thursday as the Miami-Dade County Commission approved land use and zoning applications and a development agreement needed for the $4 billion project to move forward.

  • May 17, 2018

    DC Metro To Investigate Concrete Used On $1.8B Rail Project

    Washington, D.C.’s transit authority will investigate the condition of concrete panels used in the ongoing $1.8 billion Silver Line rail project, the agency’s CEO said Thursday, days after a federal court unsealed a False Claims Act suit accusing a subcontractor of covering up shipments of subpar concrete.

  • May 17, 2018

    EPA Floats Rollback Of Obama-Era Chemical Safety Regs

    The U.S. Environmental Protection Agency on Thursday proposed rollbacks of several key provisions of an Obama-era chemical risk management rule as it fights a legal battle with environmental groups and a steelworkers' union over a delay of the rule to mull reconsideration bids from industry groups and several states.

  • May 17, 2018

    Emerson Seeks Peek At Facebook Deal In $30M IP Theft Suit

    Emerson Electric told a skeptical California federal judge Thursday it wants former co-defendant Facebook to disclose its confidential deal to exit BladeRoom Group Ltd.’s trade secret suit, saying any financial settlement could offset the $30 million a jury said it owes BladeRoom.

  • May 17, 2018

    BLM Gives Enviro OK To Solar Project, Utility Corridor

    The U.S. Bureau of Land Management announced on Thursday that it has given the final environmental thumbs-up to a proposed 500-megawatt solar power plant in California and a proposed utility corridor in Utah, inching the agency closer to deciding whether to officially greenlight the projects.

  • May 17, 2018

    Seattle Approves Head-Tax Bill Blasted By Amazon, Starbucks

    Seattle's Democratic Mayor Jenny Durkan said she signed a bill imposing an annual $275-per-employee tax on companies making more than $20 million a year despite strong opposition from hometown corporate giants Amazon and Starbucks.

  • May 17, 2018

    Architect's Revised Suit In Google RICO Row Stricken

    A California federal judge on Wednesday struck an architect’s sixth try to allege Google stole his building design technology trade secrets, one day after she said she was “surprised” at the amended complaint given pending dismissal motions before her.

  • May 17, 2018

    Minn. Legislature Passes Bill To Greenlight Pipeline Project

    The Minnesota House of Representatives on Thursday passed an amended piece of legislation that authorizes the company behind a pipeline replacement project to go ahead with construction, according to legislative records.

  • May 17, 2018

    BALCA Affirms Texas Concrete Co. Can’t Hire Foreign Help

    The Board of Alien Labor Certification Appeals on Wednesday upheld the denial of a Texas concrete company’s bid to hire temporary foreign workers under the H-2B visa program, saying the business failed to show a need for the employees.

Expert Analysis

  • Make Sure To Own The Architectural Plans That You Paid For

    Stacy Bercun

    Standard form architect agreements provide significant protections to architects and their firms, which may result in an architect having too much control over an owner's construction project. Owners should negotiate to obtain a transfer of those rights, say attorneys with Akerman LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • HUD's Increased Use Of Split-Wage Decisions Is Troubling

    Christopher Ruhman

    The U.S. Department of Housing and Urban Development's Office of Davis-Bacon and Labor Standards has introduced a $1 million cost threshold for assigning separate wage determinations. This threshold results in confusing, costly and administratively burdensome split-wage decisions on residential projects, says Christopher Ruhman of Peckar & Abramson PC.

  • 2 Dispute Resolution Choices For Construction Contracts

    Stacy La Scala

    Construction practitioners using either ConsensusDocs or American Institute of Architects forms for alternative dispute resolution purposes must understand that each set of construction documents requires thoughtfulness and upfront risk assessment. The decisions at the time of contracting will significantly impact the timing and resolution of any future dispute, says Stacy La Scala of JAMS.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Opinion

    How Much Might Chicago Taxpayers Pay For Amazon's HQ2?

    Josh Burday

    The city of Chicago has a history of making bad deals in secrecy and at the taxpayers’ expense, says Josh Burday of Loevy & Loevy, who is currently representing the group suing Chicago for disclosure of the details of its bid for Amazon's HQ2.

  • Infrastructure Funding Is On The Rise In Indian Country

    Michael Connor

    For Native American communities, decades of underinvestment have resulted in decaying or nonexistent infrastructure across all sectors. Though there is still a long way to go, some recent new and proposed funding sources for infrastructure development on tribal lands are a step in the right direction, say Michael Connor and Raya Treiser of WilmerHale.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.