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Construction

  • December 18, 2018

    10th Circ. Won't Rethink Pipeline Ruling Protecting Tribal Land

    The Tenth Circuit won't reconsider its mid-November decision denying a natural gas pipeline company the right to take control of land that's partially owned by a Native American tribe, the court said in a short order.

  • December 18, 2018

    GSA Must Widen Search For Docs In FBI Headquarters Suit

    A D.C. federal judge has denied the U.S. General Services Administration’s bid to escape a watchdog group’s suit seeking documents regarding an abandoned plan to relocate the FBI's headquarters, instead telling the agency to expand its search for documents.

  • December 18, 2018

    The Court Battle That Could Topple Trump's Metal Tariffs

    Attorneys will gather in the U.S. Court of International Trade on Wednesday morning for oral arguments in a case that could wipe out the Cold War-era statute used by President Donald Trump to impose sweeping steel and aluminum duties and provide the first legal check on the administration’s robust trade enforcement push.

  • December 18, 2018

    Real Estate Lawyers On The Move

    Greenberg Traurig LLP, K&L Gates LLP and Gould & Ratner LLP are among the various law firms that recently made new real estate or construction lawyer hires.

  • December 18, 2018

    Sears Gets Approval For $60M Home Improvement Biz Sale

    Sears Holding Corp. on Tuesday won approval from a New York bankruptcy judge for the sale of its home improvement business for $60 million, while telling the judge it is going ahead with the sale of the rest of its assets without a stalking horse bidder.

  • December 18, 2018

    Architect Hit With $12.5M Suit By NYC Hotel Developer

    A development company that spent more than $23.5 million acquiring condominium units in New York’s garment district is seeking at least $12.5 million in damages from an architect and his firm for allegedly failing to give proper advice regarding the restrictions on building a new hotel in a neighborhood under the New York City Zoning Resolution, according to a complaint filed in New York state court.  

  • December 18, 2018

    The Moments That Mattered Most For Legal Ethics In 2018

    Anyone who thinks that legal ethics is a sleepy area of the law didn't live through 2018. The year saw major decisions about conflict waivers and defunct firm clawbacks, among other meaty topics, and enough head-shaking news springing from the special counsel probe into the presidential election to make one dizzy. Here, Law360 highlights some of the biggest ethics and professional conduct stories of 2018.

  • December 18, 2018

    The Year #MeToo Rocked In-House Law Departments

    General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments.

  • December 17, 2018

    2 Judges Rule Against Weyerhaeuser In Formaldehyde Suits

    Weyerhaeuser Co. should continue to face claims that some of its wood products emitted harmful formaldehyde gas, federal judges in Pennsylvania and Colorado said Friday.

  • December 17, 2018

    Miami Builder Evades Multimillion-Dollar Suit Before Trial

    Miami-area developer Edgardo Defortuna avoided a trial Monday in a lawsuit accusing him of fraudulently directing funds for an oceanfront condominium tower to affiliated entities while stiffing investors and lenders, but his accusers vowed to fight a decision they said was based on technicalities.

  • December 17, 2018

    Civilian Contract Appeals Board Tackles Predecessor Conflicts

    The Civilian Board of Contract Appeals has addressed for the first time how it will resolve clashing predecessor board precedents, disavowing one board’s precedent in favor of another board’s as part of a dispute over appeal rights on a terminated U.S. General Services Administration construction contract.

  • December 17, 2018

    2nd Circ. Affirms Safeco's Win In Corps Project Row

    The Second Circuit held that a lower court was right in concluding that Safeco Insurance Co. of America is entitled to indemnification from a construction contractor for losses suffered under bonds issued for Army Corps of Engineers projects, finding no merit to claims that the insurer flouted its contractual obligations or acted in bad faith.

  • December 17, 2018

    2nd Circ. Revives Enviro's CWA Suit Against Recycler

    The Second Circuit on Monday revived the Sierra Club's lawsuit seeking to stop a New York construction waste recycling company from discharging polluted stormwater, ruling that the company's activities could be subject to Clean Water Act permitting requirements.

  • December 17, 2018

    Port Authority Hit With Tax Suit Over Parking Permits

    The Port Authority of New York & New Jersey has been forcing private parking garages at area airports into permit contracts the garage owners say amount to illegal taxation and anti-competitive business practices, according to a suit filed Friday in New York federal court.

  • December 17, 2018

    Design Firm Challenges H-1B Denial For Database Manager

    A Seattle-based global design and architecture firm has sued U.S. Citizenship and Immigration Services in federal court over the agency's decision to deny an analyst's bid for an H-1B specialty occupation visa, accusing the agency of ignoring evidence and acting arbitrarily and capriciously.

  • December 15, 2018

    Interior Head Zinke Exits Amid Ethics Investigations

    U.S. Department of the Interior head Ryan Zinke has resigned from the agency amid several ethics investigations, leaving a legacy of support for increased domestic energy production and greater access to federal lands for industry and hunters, along with big rollbacks of environmental and endangered species protections.

  • December 14, 2018

    Ky. High Court Reverses Appellate Panel On Sewer Contract

    A Kentucky appellate court improperly dumped the entire dispute resolution process detailed in a municipal sewer construction contract, the state’s Supreme Court said Thursday, finding that state law allows courts to selectively remove illegal contractual provisions while keeping everything else.

  • December 14, 2018

    FWS Evaluation Of Bald Eagle Impacts Fell Short, Judge Says

    A Colorado federal judge has tossed a U.S. Fish and Wildlife Service permit that allowed construction on an apartment complex even though it could disturb a nearby bald eagle nest, deciding that the government’s environmental assessment did not consider the impact of the finished building.

  • December 14, 2018

    Louis Berger Hit With OT Suit Over Post-Maria Recovery

    A Louis Berger Group Inc. unit was slapped Friday in New Jersey federal court with class claims the company improperly failed to pay overtime to workers involved in government-funded recovery efforts in Puerto Rico following Hurricanes Irma and Maria last year.

  • December 14, 2018

    PennEast Can Take NJ Land For $1B Pipeline, Judge Says

    A New Jersey federal judge said Friday that developers of the $1 billion PennEast gas pipeline can immediately seize over 100 Garden State properties along the project's route, saying they've satisfied the requirements for pursuing eminent domain under the Natural Gas Act.

Expert Analysis

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • 4 Years Of WIFIA: What Works, What Doesn’t And P3 Potential

    Roger Rosendahl

    Enacted in 2014 to promote financing and development of water projects, the Water Infrastructure Finance and Innovation Act was initially intended as a five-year pilot program. Four years later, it is now a promising vehicle for water project development, says Roger Rosendahl of Nelson Mullins Riley & Scarborough LLP.

  • Oregon Med Mal Ruling May Affect Construction Cases

    Adele Ridenour

    In Ransom v. Radiology Specialists, the Oregon Supreme Court recently held that experts can be compelled to answer questions relevant to their direct involvement in a case. That means that in construction defect cases, contractors, architects and engineers can be asked for their present interpretation of plans or specifications, says Adele Ridenour of Ball Janik LLP.

  • Utilities' Build-Transfer Deals Spur Renewable Projects

    Sean Shimamoto

    Build-transfer agreements — where an electric utility hires a third party to develop and construct a renewable energy project, then transfer ownership to the utility — can create opportunities and challenges for developers and utilities. Some common themes have emerged from recent transactions, say Sean Shimamoto and Frank Shaw of Skadden Arps Slate Meagher & Flom LLP.

  • Deciding Class Action Removal Rights At High Court

    Archis Parasharami

    An overbroad interpretation of the U.S. Supreme Court's decision in Shamrock Oil & Gas v. Sheets has created a loophole for avoiding the Class Action Fairness Act to pursue interstate class actions in state court. However, in Home Depot USA v. Jackson, the court will address two questions that have the potential to close it, say Archis Parasharami and Daniel Jones of Mayer Brown LLP.

  • 10 Clarifications To The $100B Opportunity Zone Program

    Jacob Werrett

    On Oct. 19, the IRS proposed regulations providing long-anticipated guidance related to the opportunity zone program. In the coming months, countless practitioners will work to interpret the specifics of the guidelines, but in the meantime there at least 10 clear takeaways for investors, says Jacob Werrett of JMA Ventures LLC.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • A Closer Look At EPA Inspector General's New Strategic Plan

    Brian Stansbury

    The U.S. Environmental Protection Agency's Office of Inspector General recently released its strategic plan for 2019 to 2023. Brian Stansbury and Leah Min of King & Spalding LLP provide insights on several noteworthy aspects, such as how the OIG will hold the EPA accountable for meeting 2019 targets and rely on data and business analytics to meet its goals.

  • Updated Rules For NYC's 421-a Tax Exemption Beneficiaries

    Daniel Bernstein

    New York City has been changing its 421-a tax exemption program, altering and clarifying prevailing wage requirements and imposing construction wage requirements for large new buildings. Daniel Bernstein of Rosenberg & Estis PC recaps the last two years of developments.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.