Construction

  • April 24, 2024

    Construction Supplier Threatened Us, Distribution Execs Say

    Current and former executives for construction distribution companies told a Denver jury Wednesday they believed a Berkshire Hathaway-owned construction supply company pressured them not to do business with a smaller rival, with one witness saying he initially stuck with the Berkshire supplier because it didn't seem like an "idle threat."

  • April 24, 2024

    DOL Says Firm 'Repeatedly' Misclassified Highway Workers

    The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.

  • April 24, 2024

    Insurer Wants Other Carrier's Third-Party Coverage Suit Axed

    An insurer asked a Colorado federal court to toss Acuity's third-party suit alleging breach of contract in a coverage dispute over a construction defect arbitration proceeding, saying the claim failed because there is no privity of contract between the two carriers.

  • April 24, 2024

    Texas Appeals Panel Partially Reverses Atty's Fee Victory

    An Austin, Texas, trial lawyer who defeated a breach of fiduciary duty claim brought after he represented one half of a business partnership that went sour has had part of his victory overturned, with a Texas appellate court Wednesday determining that the trial court overstepped when also throwing out a fee claim against the attorney.

  • April 24, 2024

    Feds' 'Sparse' Explanations Call For Remand, Says Rebar Co.

    An error and "sparse" justification underpinning a countervailing duty assessment required the U.S. Court of International Trade to remand the results of the fifth review of Turkish rebar tariffs, counsel told CIT Judge Gary S. Katzmann on Wednesday.

  • April 24, 2024

    Mass. Golf Course Manager Gets 13 Months For Tax Fraud

    A Massachusetts golf course manager was sentenced to 13 months in prison after pleading guilty to tax charges, following prosecutors' accusations that he manipulated contracts with a home developer to deflate their value.

  • April 24, 2024

    US Solar Cos. Call For Duties On Cells From Southeast Asia

    Seven U.S. solar manufacturers on Wednesday called on the U.S. government to impose duties on solar cells from four Southeast Asian countries, saying a surge in production in those countries — much by Chinese-owned companies — has been undercutting the domestic market.

  • April 24, 2024

    Biden Admin Closes $362M Loan To Texas EV-Wiring Maker

    The Biden administration has finalized a $362 million loan to help pay for a Texas automotive-wiring component plant, a move intended to boost the U.S. domestic supply chain for electric vehicles.

  • April 24, 2024

    DTE Says Toshiba Must Share Info On $500M Plant Upgrade

    Michigan's largest energy companies want to force Toshiba Corp. to disclose details about its allegedly botched work on a hydroelectric plant, arguing it can't claim the documents are confidential just because they were shared with prospective buyers. 

  • April 24, 2024

    Landlords Bring NY Rent Law Challenge To High Court Again

    Thirteen New York property owners urged the U.S. Supreme Court to review their challenge to two 2019 changes to New York rental laws, arguing that the suit is the better-tailored vehicle Justice Clarence Thomas signaled interest in when denying a similar challenge in January.

  • April 24, 2024

    California Atty Must Face Defamation Claims Over Texts

    An Orange County attorney cannot hide behind claims of litigation privilege and must face defamation claims over disparaging text messages he sent about a contractor working on his home, a California state appeals court said Tuesday.

  • April 23, 2024

    Monsanto Judge Slashes $857M PCB Jury Verdict

    A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.

  • April 23, 2024

    $12M Chicago Toxic Demolition Settlement Receives Final OK

    An Illinois federal judge gave his final blessing to a group of Chicago residents' $12.25 million settlement with a developer and several contractors that allegedly covered a neighborhood in potentially toxic dust during a smokestack demolition.

  • April 23, 2024

    Chinese Foam-Making Chemicals Dominate Market, Co. Warns

    The U.S. subsidiary of an Israel-based chemical manufacturer urged the U.S. government Tuesday to impose anti-dumping and countervailing duties on Chinese-origin alkyl phosphate esters, saying imports of the chemical commonly used in making polyurethane foam are taking over the U.S. market.

  • April 23, 2024

    NJ Appeals Court Backs State's Siting Regs For Solar Projects

    A New Jersey state appeals court on Tuesday upheld project-siting requirements under a Garden State law encouraging new solar development, rejecting a renewable energy industry group's argument that the requirements are unlawfully strict.

  • April 23, 2024

    Baltimore Sues Owners Of Ship That Crashed Into Key Bridge

    Baltimore wants the owners and operators of the cargo ship that knocked down a part of the Francis Scott Key Bridge to pay for the rebuild and cover billions of dollars of revenue the city will likely lose out on while its port is shut down, according to a federal complaint the municipality's leaders filed Monday.

  • April 23, 2024

    Trade Court Orders Feds To Rethink Canadian Lumber Duties

    The U.S. Court of International Trade ordered the U.S. Department of Commerce to redo countervailing duties on Canadian lumber, saying the department must better explain its refusal to check whether suppliers for investigated companies had received government subsidies.

  • April 23, 2024

    Cleveland-Cliffs Execs Say US Steel-Nippon Deal Is 'Dead'

    Cleveland-Cliffs Inc. executives said Tuesday that U.S. Steel is "denying reality" as it continues to pursue its $14.9 billion sale to Japan's Nippon Steel, suggesting that the deal is effectively "dead" following President Joe Biden's opposition to it and that the Ohio-based steel manufacturer remains the only viable buyer.   

  • April 23, 2024

    Locke Lord Wins Appellate Review Of Malpractice Suit

    Locke Lord LLP has convinced a New Jersey state appellate court to review a trial court's ruling rejecting the firm's attempt to evade a malpractice suit alleging that it mishandled a transaction involving an oil refinery project in North Dakota.

  • April 23, 2024

    Hunton Hires Martin Marietta Assistant GC In San Francisco

    Hunton Andrews Kurth LLP said Tuesday it is growing its environmental team by bringing in a land use and mining expert as a partner in the firm's San Francisco office from building supply company Martin Marietta Materials Inc., where he was assistant general counsel.

  • April 23, 2024

    Jury Finds Ex-Ecuadorian Official Guilty Of Money Laundering

    A Florida federal jury on Tuesday found the former comptroller of Ecuador guilty on all counts charged against him by the government, which accused him of taking millions of dollars in bribes and directing his son, a banker in Miami, to launder the money.

  • April 22, 2024

    DOJ Antitrust Concerns Topple $960M Insulation Biz Merger

    Insulation and building material provider TopBuild Corp. said Monday it has terminated its $960 million agreement to buy mechanical insulation provider Specialty Products & Insulation from private equity firm Incline Equity Partners, saying it was unable to reach a deal with the U.S. Department of Justice over antitrust concerns.

  • April 22, 2024

    Texas, Mo. Seek Full Vacatur Of DHS Border Wall Plan

    Texas and Missouri on Monday urged a Texas federal court to fully vacate the Biden administration's plans to redirect border wall construction funds, saying the plan adopted an overarching policy the court had declared was unlawful.

  • April 22, 2024

    Construction Supplier's Threats Cost Rival $30M, Jury Told

    A construction supplier told a Colorado federal jury Monday that a Berkshire Hathaway-owned rival tried to smother its entry into the calcium silicate industrial insulation market, alleging the larger company warned customers to stay away from the newcomer so that it could maintain its monopoly.

  • April 22, 2024

    Jury Begins Deliberating In Ex-Ecuador Official's Bribery Trial

    Jurors began deliberating Monday afternoon in Florida federal court on the fate of the former comptroller of Ecuador, who prosecutors say took millions of dollars in bribes and directed his son, a banker in Miami, to launder the money.

Expert Analysis

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Strict Duty To Indemnify Ruling Bucks Recent Trend

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    A South Carolina federal court's recent decision that it lacked subject matter jurisdiction to decide an insurer's duty to indemnify prior to the finding of insured liability sharply diverges from the more nuanced or multipronged standards established by multiple circuit courts, says Richard Mason at MasonADR.

  • Ex-OpenSea Staffer Case May Clarify When Info Is Property

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    In considering the appeal of a former OpenSea manager’s wire fraud conviction in U.S. v. Chastain, the Second Circuit may soon provide guidance about whether economic information is traditional property in certain insider trading prosecutions — a theory of fraud that the U.S. Supreme Court has repeatedly narrowed, say attorneys at Debevoise.

  • Opinion

    Stakeholder Amici Should Be Heard In Russian Trade Case

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    Although the U.S. Court of International Trade recently rejected U.S. Steel's amicus brief in NLMK Pennsylvania v. U.S., other industry stakeholders should seek to appear — and the court should allow it because additional perspectives will lead to a more informed ruling, say attorneys Jeffrey Shapiro and Michael Andrews.

  • Ill. Insurance Ruling Helps Developers, Community Orgs. Alike

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    The Illinois Supreme Court's decision in Acuity v. M/I Homes of Chicago, holding that commercial general liability policy exceptions did not prevent coverage for damage caused by faulty workmanship, will bring more potential insurance coverage for real estate developers and, in turn, larger payouts when community organizations sue them, say Howard Dakoff and Suzanne Karbarz Rovner at Levenfeld Pearlstein.

  • Bid Protest Spotlight: Supplementation, Conversion, Rejection

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    In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Trends That Will Shape The Construction Industry In 2024

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    Though the outlook for the construction industry is mixed, it is clear that 2024 will bring evolving changes aimed at building projects more safely and efficiently under difficult circumstances, and stakeholders would be wise to prepare for the challenges and opportunities these trends will bring, say Josephine Bahn and Jeffery Mullen at Cozen O'Connor.

  • Will Justices Settle Decades-Old Split On Arbitrator Conflicts?

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    Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.

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