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Construction
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October 24, 2025
Real Estate Recap: Blackstone, Healthcare, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Blackstone's view of real estate options for 401(k) investors, a BigLaw partner's perspective on healthcare dealmaking, and the heavy construction debt amassed by Arkansas banks.
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October 24, 2025
NJ Panel Tosses Sprawling Legal Malpractice, Fraud Suit
A New Jersey state appellate court has backed the permanent dismissal of a developer's legal malpractice and fraud suit against Cooper Levenson April Niedelman & Wagenheim PA and other parties, ruling that the state's entire controversy doctrine, which requires litigants to put all their relevant allegations in a single suit, bars his claims.
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October 24, 2025
Builder Awarded $1.4M In Subcontractor, Surety Breach Suit
A Florida state court awarded the general contractor for a luxury high-rise condominium in St. Petersburg nearly $1.4 million in damages after finding that a framing and drywall subcontractor and its payment and performance bond surety breached their respective contracts.
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October 24, 2025
Judge Backs DOI, Calif. Tribe In $21M Waste Lease Dispute
A federal judge has given a quick win to the U.S. Department of the Interior and a California tribe in a challenge by a waste management company over a decision to cancel its 25-year project lease, saying the determination was not arbitrary or capricious.
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October 24, 2025
Taxation With Representation: Latham, Wachtell, Gibson Dunn
In this week's Taxation With Representation, Meta announces a joint venture with Blue Owl Capital to fund the development of a data center campus in Louisiana, private equity giants acquire medical technology company Hologic Inc., and National Fuel Gas Co. buys CenterPoint Energy Inc.'s Ohio natural gas utility business.
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October 24, 2025
Judge Tells Feds To 'Fish Or Cut Bait' On 'Buffalo Billion' Case
A Manhattan federal judge said Friday it's time for prosecutors to either make a deal with four men whose 2018 bid-rigging convictions from an upstate New York development initiative were overturned by the U.S. Supreme Court, or schedule a 2026 retrial.
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October 24, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Financial Conduct Authority launch legal action against a Chinese cryptocurrency exchange, The Londoner magazine face a defamation claim from an entrepreneur accused of "scamming" Knightsbridge landlords, and Gucci sued by its cosmetics supplier as L'Oréal announces plans to buy the Italian fashion house's beauty brand. Here, Law360 looks at these and other new claims in the U.K.
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October 23, 2025
Pa. Justices Won't Undo General Contractors' Injury Immunity
The Pennsylvania Supreme Court gave an injured worker a chance to convince the court to "overrule our decades-old precedent" that a general contractor shares subcontractors' immunity to suits brought under the state's workers' compensation law, but on Wednesday said he failed in his plight.
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October 23, 2025
Judge Stays Discovery In Berkshire Subsidiary Antitrust Case
A federal judge on Thursday opted to stay the majority of discovery in a proposed antitrust class action against a Berkshire Hathaway-owned maker of calcium silicate insulation, or calsil, finding the cost of discovery in the case would be too "voluminous" to sort through with a pending motion for dismissal.
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October 23, 2025
Ga. Civil Engineering Co. Hit With Data Breach Class Action
A Georgia civil engineering firm was hit with a proposed class action over a 2024 data breach, as a former employee sharply criticized the company for taking weeks to resolve the hack and over nine months to report it.
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October 23, 2025
Electric Co. Says Contractor Owes $5M For Denver Airport Job
An electric infrastructure company accused a contractor in Colorado state court Wednesday of withholding over $5 million in payments for work completed in an expansion project at the Denver International Airport.
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October 23, 2025
NJ Appellate Panel Revives Malpractice Suit Against Firm
A New Jersey appellate panel on Thursday revived a former Woodbridge Township police officer's malpractice suit against an Edison-based law firm and one of its partners, alleging incompetent representation in a personal injury case.
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October 23, 2025
Shipbuilder Can't Ax Md. Bridge Collapse Suit, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse maintained that South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. should be held accountable in Pennsylvania federal court for designing and building a "fatally flawed" ship.
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October 23, 2025
Del. Justices Won't Reconsider Gellert Seitz Malpractice Ruling
The Delaware Supreme Court on Oct. 23 rejected a request to reconsider its decision affirming the dismissal of a legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages a homebuilder said it suffered due to the firm's negligence handling loan-restructuring disputes, saying the request is "without merit."
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October 22, 2025
Texas Appeals Court Wipes $64M Judgment For Dallas Lender
A Texas appellate court wiped away a $64 million award to the subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community, saying the lower court improperly found that the subsidiary could collect damages above zero dollars.
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October 22, 2025
3rd Circ. Tosses Elderly Woman's Solar Panels Fraud Suit
The Third Circuit on Wednesday backed the dismissal of an elderly woman's fraud claims against two solar panel financiers, which she accused of saddling her with a nearly $100,000 debt after she was tricked getting rooftop solar panels a salesperson told her were free.
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October 22, 2025
Sinkhole Coverage Dispute Up To Jury To Decide, Judge Says
A construction company and its insurer must go to trial over whether the company's invitation to a mediation constituted a defense tender for a now-settled counterclaim relating to a sinkhole discovered in December 2022 at a Seattle ship canal project, a Washington federal court ruled.
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October 22, 2025
NY Bill Seeks Clean Energy Payment Exemption For Tax Caps
New York would exempt payments in lieu of taxes for renewable energy projects from local governments' property tax cap calculations under a bill introduced in the state Assembly.
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October 22, 2025
Ex-Conn. School Buildings Official Convicted Of Corruption
A federal jury on Wednesday convicted Connecticut's former school construction director on corruption charges, agreeing with prosecutors that Konstantinos "Kosta" Diamantis accepted bribes, committed extortion and lied to both the FBI and the IRS about payments he admitted accepting from two construction firms.
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October 21, 2025
Angola Faces $171M Claim Over Alleged Turbine Seizure
The Portuguese founder of Aenergy SA is seeking up to $171 million in damages after Angola allegedly seized four turbines associated with $1.1 billion in power plant contracts, an ill-fated deal that led to a fraud conviction in New York and jail time for a former GE Power executive.
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October 21, 2025
Tribe's Home Defects Suit Belongs In Arbitration, Judge Told
Lennar Corp. on Tuesday told a Florida state judge that the Seminole Tribe's lawsuit alleging construction defects in more than 550 homes built for its members must be arbitrated, arguing that purchase agreements contain provisions that require the warranty claims to be resolved out of court.
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October 21, 2025
5th Circ. Revives Oil Co.'s Faulty Cement Coverage Suit
The Fifth Circuit revived an oil and gas producer's suit seeking coverage for a settlement it reached with a bankrupt oilfield services firm over faulty cement, saying a Texas federal court incorrectly tossed the company's duty to defend and indemnify claims against certain underwriters at Lloyd's of London.
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October 21, 2025
ISPs Put Almost $90B Into Networks Last Year, Report Says
Internet service providers are putting their money where their mouth is when it comes to investing in infrastructure, according to an industry lobbying group, which recently released a report finding that ISPs poured nearly $90 billion into broadband infrastructure last year.
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October 21, 2025
SilverRock Approved For $65M Sale Of Calif. Resort Project
Bankrupt real estate development firm SilverRock Development Co. LLC received approval Tuesday from a Delaware judge for the $65 million sale of its resort project assets to affiliates of Turnbridge Equities, with the court overruling objections tied to an existing ground lease on the property.
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October 21, 2025
Connell Foley Hit With $40M Suit Over NJ Hotel Project
A hotel developer is mounting a $40 million malpractice lawsuit against Connell Foley LLP in New Jersey state court, alleging the firm steered it into costly arbitration with a contractor on a hotel construction project.
Expert Analysis
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Importers Face Uncertainty As Court Stays Solar Tariff Ruling
The overturning of a Commerce Department rule that allowed duty-free entry of solar cells between 2022 and 2024, now on appeal to the Federal Circuit, means the landscape for imported solar cells and modules is still in flux, while U.S. producers continue to rely on imports, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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AG Watch: Va. Race Spotlights Consumer Protection Priorities
Ahead of the state's attorney general election, Virginia companies should assess how either candidate's approach could affect their compliance posture, with incumbent Jason Miyares promising a business-friendly atmosphere that prioritizes public safety and challenger Jay Jones pledging to focus on economic justice and corporate accountability, says Chuck Slemp at Cozen O’Connor.
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What 2 Recent Rulings Mean For Trafficking Liability Coverage
Two recent federal district court decisions add to a growing number of courts concluding that Trafficking Victims Protection Reauthorization Act claims may trigger coverage under commercial general liability policies, rejecting insurer arguments regarding public policy and exclusion defenses, says Joe Cole at Shumaker.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Trump Tax Law Has Mixed Impacts On Commercial Real Estate
The One Big Beautiful Bill Act brings sweeping changes to the real estate industry — and while the permanency of opportunity zones and bonus depreciation creates predictability for some taxpayers, sunsetting incentives for renewable energy projects will leave others with hard choices, says Jordan Metzger at Cole Schotz.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Unleashing LNG And Oil Exports With The Deepwater Port Act
The U.S. Department of Transportation and its Maritime Administration are now poised to use the streamlined licensing process of an existing statutory framework — the Deepwater Port Act — to approve proposed offshore terminals for exporting oil and liquefied natural gas, thus advancing the Trump administration's energy agenda, says Joanne Rotondi at Hogan Lovells.
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Contractor Considerations As Construction Costs Rebound
The U.S. construction industry is navigating rising costs driven by energy and trade policy, which should prompt contractors to review contract structuring, supply chain management and market diversification, among other factors, say attorneys at Cozen O'Connor.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Contract Disputes Recap: Details, Instructions, Obligations
Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.
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Expect DOJ To Repeat 4 Themes From 2024's FCPA Trials
As two upcoming Foreign Corrupt Practice Act trials approach, defense counsel should anticipate the U.S. Department of Justice to revive several of the same themes prosecutors leaned on in trials last year to motivate jurors to convict, and build counternarratives to neutralize these arguments, says James Koukios at MoFo.