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Construction
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April 03, 2024
Window-Shading Co. View Inc. Hits Ch. 11 With $359M Debt
View Inc., a maker of office windows that automatically shade in response to sunlight, has filed for Chapter 11 protection in Delaware bankruptcy court with $359.4 million in debt and an agreement to hand the company to lenders.
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April 02, 2024
Biden Urged To Allow Undocumented Immigrants To Work
Business leaders called Tuesday on President Joe Biden to use executive authority to extend work authorization to undocumented essential workers, an act they said was crucial after the Francis Scott Key Bridge collapse in Baltimore last week killed six immigrant workers.
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April 02, 2024
Ally Of NYC Mayor Skirts Prison In Straw Donor Case
A friend and former colleague of New York City Mayor Eric Adams on Tuesday was spared any time in prison following his admission to conspiring to use straw donors to juice the public funding of the mayor's 2021 campaign.
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April 02, 2024
Rental Co. Sues Family Of Child Who Drowned On Property
A North Carolina beach vacation rental company, facing a negligence lawsuit brought by a father whose son died in one of its pools, has in turn filed suit against the deceased child's extended family members, claiming that any blame for the death should be on their shoulders.
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April 02, 2024
$40M Union Pension Dispute To Head Back To Arbitrator
A Michigan federal judge stood firm on his decision to send a roughly $40 million dispute between a demolition company and a union pension fund back to an arbitrator, rejecting the company's bid for him to reconsider his opinion.
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April 02, 2024
Taiwanese Co. Rips Steel Nail Duty Based On Auto Records
A Taiwanese steel nail producer took the U.S. Department of Commerce to court over an anti-dumping duty rate that the company claims was improperly based on the financial records of a company that produces automobile parts.
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April 02, 2024
Adams And Reese Can't Use Free Speech Law To Avoid Suit
In finding that a Texas free speech law does not shield Adams and Reese LLP from a malpractice suit brought by an electrical subcontractor, a state appellate court said Tuesday that it was the law firm's alleged "failures to communicate" that is at issue.
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April 02, 2024
Another Judge Says Feds Overstepped With GHG Rule
A Kentucky federal judge has sided with Kentucky and 20 other Republican-led states, ruling that the Federal Highway Administration overstepped its authority with a rule directing states to set targets for reducing carbon dioxide emissions from federally funded highway projects.
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April 01, 2024
RICO Claims Fail In Suit Against Developer, Judge Says
A Texas federal judge on Monday dismissed a lawsuit brought by real estate entities associated with a Dallas developer who accused the founders of Megatel Homes LLC of racketeering, saying that the lawsuit didn't plausibly state that the defendants had engaged in any unlawful racketeering activity.
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April 01, 2024
Investors Group Says New EB-5 Guidance Violates APA
A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.
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April 01, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.
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April 01, 2024
Conn. Condo Owners OK To Litigate Foundation Repair Claims
The estates of two deceased homeowners can pursue contract claims against a condominium board in consolidated litigation targeting issues with the units' foundations, the Connecticut Supreme Court ruled Monday, finding the contract-based allegations in the complaints were timely filed.
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April 01, 2024
High Court Refuses To Revisit Alice Ruling In Steel Beam Case
The U.S. Supreme Court declined Monday to revisit its landmark ruling on how courts should determine patent eligibility, this time rejecting a plea coming from a company whose claim to have invented an important new method for automating the manufacture of steel beams failed to hold up in court.
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April 01, 2024
Feds Say Mexican Steel Wire Was Finished In US To Skirt Duty
The U.S. Department of Commerce preliminarily found on Monday that a Mexican steel company had been exporting unfinished steel wire to the U.S. for minor processing to avoid an anti-dumping duty on Mexican prestressed concrete steel wire.
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April 01, 2024
SunZia Power Line Challenge Is Ripe, Arizona Tribes Say
A coalition of Arizona tribes and conservation groups challenging the federal government's green light for SunZia Transmission LLC to start building a stretch of its 550-mile, high-voltage power line are defending the timeliness of their bid to halt work and compel the Bureau of Land Management to identify and safeguard cultural sites and sacred areas in the San Pedro Valley.
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March 29, 2024
Silicon Valley Co. Planning New City Can Sue Landowners
A California federal judge has refused to throw out a suit claiming that landowners conspired to drive up the cost of land in Solano County near Sacramento as a mysterious entity backed by Silicon Valley bigwigs attempted to buy up land to build a brand new, sustainable city.
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March 29, 2024
Home Depot Asks High Court To Block $2.67B BCBS Deal
Home Depot has asked the U.S. Supreme Court to take up its challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, saying the deal immunizes activity that hurts competition.
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March 29, 2024
Real Estate Authority: Investment Bans, Extreme Heat, CRE
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the legal patchwork of state actions barring foreign investment in real estate, the extreme threat presented by extreme heat, and the $870 billion in commercial real estate debt about to come due.
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March 29, 2024
DC Circ. Nixes Challenges To Gas Industry Projects
Federal energy regulators had broad discretion to approve "good cause" construction deadline extensions for a gas pipeline across New York state and a Texas Gulf Coast gas terminal expansion, according to a D.C. Circuit panel opinion on Friday that rejected conservation groups' challenges to the projects.
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March 29, 2024
Ferrosilicon Cos. Accuse Russia, 3 Others Of Unfair Trade
Two American ferrosilicon producers called for anti-dumping and countervailing duties on rival products from Russia and three other countries, which they said were underselling domestic ferrosilicon by unfair margins in the U.S. market.
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March 29, 2024
Dentons Europe Says Houston Co. Owes $4.7M In Legal Fees
International law firm Dentons Europe CS LLP has accused a Houston-area company, self-described as a leader in kidnap and ransom resolution and crisis response, of failing to pay more than $4.7 million in legal fees in connection with the development of a port in Africa.
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March 29, 2024
US Steel-Nippon Merger Gets Thumbs Up From ISS, Glass Lewis
U.S. Steel said Friday that proxy advisory firms Glass Lewis & Co. and Institutional Shareholder Services have recommended that U.S. Steel shareholders vote in favor of its planned $14.9 billion sale to Nippon Steel Corp.
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March 29, 2024
Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal
In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.
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March 28, 2024
PE Group Seeks $32.4M In Serbia Real Estate Arbitration
A group of companies in Cyprus and an associated Rand Investments Ltd. executive that are entangled in international arbitration over allegations that Serbia expropriated real estate in Belgrade have argued that Serbia owes them €30 million ($32.4 million) for their share of the land's value.
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March 28, 2024
Del. Judge Sends Panama Port Feud Back To Chancery
A Delaware federal judge has remanded litigation filed by a Hong Kong company alleging that its interest in a lucrative port project near the Panama Canal is being stolen, ruling in a novel decision that an underlying arbitration in Panama did not confer federal jurisdiction.
Expert Analysis
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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'Brownfields' Definition Key To Energy Community Tax Credits
As the IRS rolls out guidance for claiming community energy tax credits under the Inflation Reduction Act, a review of the long-standing statutory definition of "brownfields" reveals that it continues to serve the goal of creating opportunities for investment in abandoned properties, says Louise Dyble at Sheppard Mullin.
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Why Courts Are Nixing Insurer Defense Recoupment Claims
Following a recent trend, the Hawaii Supreme Court's decision in St. Paul Fire & Marine Insurance Co. v. Bodell Construction Co. provides a concise explanation of the argument that an insurer generally may not recoup costs for defending claims, based on three considerations, says Bradley Nash at Hoguet Newman.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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New Texas Funds For Water And Power Projects: Key Points
Two amendments to the Texas Constitution recently approved by the state's voters, implementing public funds for water and energy projects, may incentivize private companies to participate in development of new water and power infrastructure in Texas — and could well serve as a model for similar partnerships elsewhere, say attorneys at O'Melveny.
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DOJ's RealPage Notice Signals Focus On Pricing Algorithms
The U.S. Department of Justice's Antitrust Division recently filed a statement of interest in the Realpage multidistrict litigation to stake out its position that price-fixing algorithms pose a great anti-competitive threat, which suggests that the DOJ and private parties may continue to bring similar actions in the future, say attorneys at Simpson Thacher.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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A Gov't Contractor's Guide To Davis-Bacon Prevailing Wages
Excerpt from Practical Guidance
In light of shifting federal infrastructure priorities and recent updates to U.S. Department of Labor regulations, employers should take the time to revisit the basics of prevailing wage requirements for federal contractors under the Davis-Bacon Act and similar laws, says Timothy Taylor at Holland & Knight.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.