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Construction
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March 04, 2025
Judge Says Flooring Co. Failed To Justify H-2B Worker Need
A U.S. Department of Labor appeals board judge affirmed the denial of a Florida-based flooring company's application for 10 foreign workers to help with installations, ruling that it failed to establish a temporary employment need or a need for that number of workers.
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March 04, 2025
Puerto Rico Cruise Port Says Insurer Must Cover Pier Damage
A San Juan cruise port operator said its Hartford insurer wrongfully denied coverage for damage to one of its piers after a cruise ship collided with the structure, telling a Puerto Rico federal court Tuesday that exclusions and clauses cited by the carrier were either inapplicable or misinterpreted.
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March 04, 2025
New US Atty Wants 6-Month Pause Of Cognizant Bribery Trial
A federal judge has ordered the parties in a long-running Foreign Corrupt Practices Act case to file their positions Wednesday about how a 180-day adjournment would affect the Speedy Trial Act clock after a newly anointed U.S. attorney for the District of New Jersey asked to delay the trial of two former Cognizant Technology Solutions Corp. executives.
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March 03, 2025
USAID Leader Details Toll On 'Critical' Aid Under Trump
The U.S. Agency for International Development has been "wholly prevented" from delivering "critical" lifesaving services around the world, and that will lead to preventable death, destabilization and threats to national security "on a massive scale," according to memos from an agency leader made public Monday.
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March 03, 2025
Insurer Says It's Off The Hook In Construction Site Injury Suit
State National Insurance Co. urged a Washington federal court on Monday to find it has no duty to defend a construction firm from a negligence claim brought by a worker who was allegedly hit by a falling object while delivering materials to a Seattle job site in 2021.
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March 03, 2025
4th Circ. Backs Away From Contractor's Arbitration Fight
The Fourth Circuit said Monday it doesn't have jurisdiction over a contractor's challenge to a couple's arbitration award for an incomplete home renovation project, citing the U.S. Supreme Court's holding that federal courts have jurisdiction only over motions to compel, but not vacate or confirm, arbitration awards.
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March 03, 2025
National Gaming Chair Gets Pause In Alaskan Casino Suit
A federal judge has paused litigation against acting National Indian Gaming Commission Chairwoman Sharon M. Avery until the court can determine if an Alaskan Native village is a required party in the dispute that looks to block plans for a 58,000-square-foot casino in Anchorage.
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March 03, 2025
Pa. Supreme Court Snapshot: Negligence Damages Caps
The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.
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March 03, 2025
Bove Faces Ethics Complaint Over Adams Case
Emil Bove, the Trump administration's controversial second-in-command at the U.S. Department of Justice, has been hit with an ethics complaint for a widely criticized directive ordering prosecutors in the Southern District of New York to drop a corruption case against New York City Mayor Eric Adams.
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March 03, 2025
Ex-Judges Urge Probe Of 'Quid Pro Quo' Claim In Adams Case
A group of more than a dozen retired federal judges has asked to weigh in on the potential dropping of corruption claims against New York City Mayor Eric Adams, filing a proposed amicus brief warning the "integrity of the judicial process" risks being "imperiled" by the improper dismissal of claims.
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February 28, 2025
Real Estate Recap: Gov't Lease Limbo, AI Upset, Profiteering
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into federal lease upheaval, the impact of AI efficiency on data centers and price-gouging in the aftermath of the Los Angeles wildfires.
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February 28, 2025
2nd Circ. Revives Electrical Worker's Union Pension Fight
An electrical worker can try again to argue that two trustees of his union pension fund violated the Employee Retirement Income Security Act by paying themselves over $1 million in compensation from the fund's assets, with the Second Circuit ruling Friday that the worker has standing to sue.
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February 28, 2025
Coverage Claims Trimmed For Faulty Non-GMO Grain Silos
A grain storage company's insurer has no duty to cover some damages a grain seller is seeking over its leaky grain bin claims, an Indiana federal judge ruled, though finding the insurer can't yet avoid covering damages directly related to the allegedly faulty harvest itself and certain lost profits.
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February 28, 2025
Cheyenne Sioux Tribe Says US Must Pay For Building Repairs
A Wyoming tribe is asking the Federal Circuit Court of Appeals to overturn an order that determined the federal government is not responsible for paying for a deteriorating building on its reservation, arguing that the contract over the structure is rooted in a treaty-based, nation-to-nation relationship.
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February 28, 2025
Liberty Says Travelers Must Cover Builder In NYU Injury Suit
Travelers insurers must provide additional insured coverage to a construction company in an underlying personal injury suit by a New York University engineer, a Liberty Mutual unit told a Connecticut federal court, saying a subcontract agreement required the other carriers to cover the company on a primary and noncontributory basis.
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February 28, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.
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February 27, 2025
High Court Asked To Weigh Investors' Eminent Domain Case
A pair of real estate investors want the U.S. Supreme Court to review their loss in New York state appellate court regarding a suit seeking additional compensation for a residential property that the Rochester Genesee Regional Transportation Authority took from them through eminent domain.
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February 27, 2025
Ga. Developers Accused Of Polluting During Solar Farm Build
A Floyd County, Georgia, couple has accused local developers of polluting streams and a lake on their property during the construction of a solar farm, in violation of the Clear Water Act.
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February 27, 2025
Energy Co. Sued Over Rent, Radioactive Waste Disclosures
A Brooklyn property owner and two companies accused National Grid of owing rent on the site of a former industrial facility and impeding their businesses by not telling them quickly enough that there were radioactive materials there.
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February 27, 2025
Del. Corp. Litigation Bill Already Turning Up In Other Cases
A fast-moving legislative push to curb some stockholder litigation and large class attorney fees in Delaware courts is getting more pushback, two weeks ahead of an initial state Senate hearing on the measure.
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February 27, 2025
Cognizant Execs' Trial Could Test Force Of FCPA Pause
The government's decision to proceed with a trial of two former Cognizant Technology Solutions Corp. executives despite the Trump administration's retreat from Foreign Corrupt Practices Act enforcement adds a layer of intrigue to a legal saga that has already captivated the white collar bar given the rarity of such cases ever reaching juries.
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February 27, 2025
How Adams' Latest Move Might Checkmate The DOJ
New York City Mayor Eric Adams' push to permanently dismiss his federal corruption case is a clever legal strategy that appears to have backed the government into a corner, experts say.
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February 26, 2025
High Court Halts Trump's Wed. Night Deadline To Restore Aid
The U.S. Supreme Court late Wednesday paused a Washington, D.C., federal judge's late-night deadline ordering the Trump administration to restore nearly $2 billion in foreign assistance funding.
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February 26, 2025
Dewberry Ruling May Lead To More Defendants In TM Fights
Plaintiffs in trademark disputes likely will consider including multiple defendants in their complaints when it's unclear who holds the profits from the alleged infringement, according to intellectual property attorneys, after the U.S. Supreme Court remanded a case because nonparty affiliates of a defendant were ordered to pay an award that reached nearly $47 million.
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February 26, 2025
Skanska JV Owes Ukraine War Cost Hikes, Contractor Says
A Skanska joint venture is the target of a breach of contract lawsuit from a Microsoft corporate campus construction subcontractor alleging it racked up $10 million in unpaid costs due in part to supply chain disruptions caused by COVID and Russia's invasion of Ukraine.
Expert Analysis
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Bid Protest Spotlight: Misplaced Info, Trade-Offs, Proteges
James Tucker at MoFo examines three recent decisions concerning the consequences of providing solicited information in the wrong section of a bid proposal, the limits of agency discretion in technical merit, best-value trade-off evaluations, and the weight of the experience and capabilities of small businesses in mentor-protégé joint venture qualification.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Series
After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.
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Shipping Containers As Building Elements Require Diligence
With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.