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Construction
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March 27, 2025
AIG Drops Water Damage Suit Against NFL Player's Contractor
An insurer who sued the contractor and plumbers who worked on the home of NFL player Darius Slay for more than $300,000 in water damage dropped the suit Thursday, after the companies never responded to it.
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March 27, 2025
Ex-Exec Doesn't Owe Holtec For Losses, NJ Appeals Court Says
Holtec International and one of its divisions are not entitled to payments from a former employee for losses, a New Jersey appeals court said Wednesday in affirming a lower court ruling that a contract was unambiguous about profit sharing and made no provisions for splitting losses.
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March 27, 2025
FCPA 'Purgatory' Frustrates White Collar Bar, Anxious Clients
An abrupt pause in Foreign Corrupt Practices Act enforcement has created tension between clients eager to resolve investigations and their attorneys, who are having trouble reaching decision-makers at the U.S. Department of Justice and are more inclined to await further guidance from the government.
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March 27, 2025
1st Circ. Denies Gov't Bid To Enforce Funding Freeze
The First Circuit has declined to interfere with a Rhode Island federal judge's order that the government continue releasing federal funds while the Trump administration appeals a ruling blocking its efforts to enforce the freeze.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Board Backs Both Sides' Claims In Army Corps Contract Row
The Armed Services Board of Contract Appeals has partially backed claims from both the U.S. Army Corps of Engineers and a contractor related to delays on an installation and modification project for a Kansas City power generation and water treatment facility.
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March 26, 2025
4th Circ. Says Credit Union Not Liable For Fraudulent Transfer
A Fourth Circuit panel on Wednesday reversed a lower court ruling that held a credit union liable for a scammer's use of its services to swindle a metal fabricator out of $560,000, ruling that banks aren't on the hook for misdescribed fund transfers without "actual knowledge" of the discrepancy.
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March 26, 2025
Court Can't Hear Everglades Water Dispute, 11th Circ. Says
Sugar companies challenging the stand-alone use of an Everglades reservoir component that will allegedly reduce water supplies can't raise the dispute in court because the U.S. Army Corps of Engineers hasn't made a final decision on its operation, according to an Eleventh Circuit opinion.
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March 26, 2025
$1.1M Contract Cut Settles Foreign Vessel Row, Board Says
After determining the U.S. Army Corps of Engineers could reduce a $48 million Bahrain pier replacement contract due to a contractor tapping a foreign-flagged ship to haul materials, a military contract board agreed with the government that $1.1 million was an appropriate reduction.
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March 26, 2025
Ex-GE Exec Gets 7 Years For Fraud In $1B Angola Energy Deal
A Manhattan federal judge hit a former GE Power executive with seven years in prison Wednesday, after a jury convicted him of forgery and taking a $5 million kickback while working on a $1.1 billion deal in his native Angola.
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March 25, 2025
Baltimore Bridge Collapse: One Year Later
Federal accident investigators' recent determination that Maryland could've done more to protect Baltimore's Francis Scott Key Bridge from a devastating collapse may complicate the sprawling legal battle over liability and damages in the year since a cargo ship struck the bridge and crippled a major East Coast transportation hub.
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March 25, 2025
Texas Panel Asks If Guadalupe Diversion Meshes With Law
A Texas appeals panel questioned the state on Tuesday on why it didn't conduct site-specific assessments before issuing a permit to divert water from the Guadalupe River, saying that the Texas Water Code appeared to conflict with the state's process.
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March 25, 2025
6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo
A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.
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March 25, 2025
No Caprice In OSHA's Work Citation Rules, 11th Circ. Hears
The Occupational Safety and Health Administration urged the Eleventh Circuit Tuesday to ignore a Georgia roofing contractor's claims that it can't be on the hook for a $158,000 fine under the agency's "capricious" multiemployer citation rule, alleging the company's counsel told it to avoid being caught on the work site to dodge liability.
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March 25, 2025
Contractor Drops $1.1M Bond Dispute Against Liberty Mutual
A Delaware-based plumbing and HVAC company has withdrawn its federal suit claiming that a general contractor and Liberty Mutual improperly withheld $1.1 million in payments for work the company completed on a U.S. Army Corps of Engineers elementary school project.
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March 24, 2025
Ore. Tribe Backs Hydro Utility's Eminent Domain Bid At Falls
The Confederated Tribes of Siletz Indians has asked an Oregon federal judge to approve a utility company's attempt to condemn five acres of public land for the operation of a hydroelectric project, saying another tribe believes wrongly that condemnation would eliminate its fishing platform.
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March 24, 2025
Kirkland-Led Pike Street Clinches $199M Continuation Fund
Kirkland & Ellis LLP-led private equity shop Pike Street Capital LLC said on Monday that it closed its latest single-asset continuation vehicle after securing $199 million from investors.
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March 24, 2025
Texas High Court Revives Developer's Floodplain Takings Suit
The Texas Supreme Court has said a developer can again argue at trial court that Houston's new floodplain system thwarted its planned community and amounted to a regulatory taking, even though the ordinance was a valid exercise of police power.
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March 24, 2025
Colo. Justices Take Subcontractor's Forfeit For Excess Case
The Colorado Supreme Court will consider whether a construction company that allegedly overstated how much it was owed from a project to build a new Denver rail line forfeited its ability to pursue any remedy for that $12.7 million claim, in a case involving a novel interpretation of a public works law.
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March 24, 2025
NC Justices Back Permit Approval For Disputed Asphalt Plant
North Carolina's highest court reversed a lower court's ruling that a contested permit to build an asphalt plant in Ashe County should not have been issued, ruling that the company looking to develop the facility had properly submitted its application even if it didn't have state approval for the project at the time.
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March 21, 2025
Real Estate Recap: GSA Leases, Artemis, C-PACE
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insight from Holland & Knight attorneys on General Services Administration lease terminations, Paul Hastings dealmakers on the Artemis takeover, and how attorneys see increasing use of commercial property-assessed clean energy financing.
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March 21, 2025
Ex-Cognizant CLO Reconsidering Dismissal Of Paul Weiss
A former Cognizant Technology Solutions Corp. executive facing bribery charges indicated Friday that he may reconsider his decision to fire Paul Weiss Rifkind Wharton & Garrison LLP as his trial counsel, now that President Donald Trump has rescinded an executive order limiting the firm's access to federal buildings and officials.
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March 21, 2025
Travelers Wants Exit From $4.5M Faulty Apartment Settlement
Travelers told a Georgia federal judge Friday that the insurer should not owe the lion's share of a construction contractor's $4.5 million settlement over botched site work at an apartment complex, arguing the bill should be footed by the company's primary policies with Amerisure.
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March 21, 2025
Mich. Judge Dismisses $217M Dam Repair Tax Challenge
A Michigan federal judge has dismissed a pair of lawsuits alleging a $217 million special assessment to fund the reconstruction of dams destroyed in 2020 floods was unfairly levied on certain properties, finding homeowners had the opportunity to oppose the assessment and litigate their claims in state court.
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March 21, 2025
NJ Panel Denies Bid To Block Affordable Housing Complex
A New Jersey appellate court refused to block a Rumson affordable housing project that was being challenged by local residents who said some of the proposed buildings are too tall.
Expert Analysis
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Key Plaintiff Litigation Strategies For Silicosis Lawsuits
A California stone worker's recent $52 million jury award highlights the growing silicosis crisis among employees in the stone fabrication industry — and points to the importance of a strategic approach to litigating silicosis cases against employers and manufacturers, says David Matthews at Matthews & Associates.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Decoding Arbitral Disputes: State Immunity And ICSID Awards
In a landmark decision in cases involving Spain and Zimbabwe, the English Court of Appeal grappled with the intersection of state immunity and the enforcement of arbitration awards, setting a precedent for future disputes involving sovereign entities in the U.K, says Josep Galvez at 4-5 Gray's Inn.
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Trump Fossil Fuel Focus Won't End Interest In Clean Energy
A second Donald Trump administration is expected to prioritize expanding oil and gas drilling and reducing regulations — but some clean energy investments, including energy storage, hydrogen and sustainable aviation fuel, will likely continue to garner bipartisan and market support, says Scott Segal at Bracewell.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Trump Rollback Of Biden Enviro Policies: What To Expect
Donald Trump's upcoming second presidential term will usher significant shifts in U.S. environmental and natural resource law and policy — and while the Biden administration is racing to secure its legacy, the incoming Trump administration is making plans to dramatically roll back most, if not all, of Biden's environmental initiatives, say attorneys at Beveridge & Diamond.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.