Construction

  • January 20, 2021

    DLA Piper-Led Rastegar Launches $200M REIT

    Backed by DLA Piper, real estate investment group Rastegar announced Wednesday a $200 million real estate investment trust unit and its share offering, whose proceeds will be used to focus on developing multifamily housing assets across the Sun Belt.

  • January 20, 2021

    Energy Infrastructure Co. Wants $4M For Kinder Morgan Work

    Energy infrastructure company Mears Group Inc. has filed a $4.28 million breach of contract lawsuit in Texas state court, alleging its contract to connect two Kinder Morgan intrastate gas pipeline systems was wrongly terminated after a federal permitting change.

  • January 20, 2021

    NY Judge Orders Morgan Lewis To Turn Over Trump Org Docs

    A New York state judge has ordered Morgan Lewis & Bockius to hand over documents to the state attorney general's office related to a probe into whether former President Donald Trump's businesses inflated asset values of a New York estate.

  • January 20, 2021

    Biden's Day One Agenda Tackled Travel Ban, Border Wall

    President Joe Biden signed a number of executive orders and directives within hours of taking office on Wednesday, including lifting travel restrictions against individuals from predominantly Muslim countries and halting construction of the U.S-Mexico border wall. Here are six immigration-related actions the new president took after his swearing in.

  • January 19, 2021

    Trump Pardons Bannon In Border Wall Fund Fraud Case

    In the waning hours of his term Wednesday, President Donald Trump pardoned his former confidant and campaign adviser Steve Bannon, who was charged with defrauding donors in a $25 million fundraising effort to support the construction of a wall on the southern U.S. border.

  • January 19, 2021

    FERC Punts On NEPA Reform, Citing New Administration

    The Federal Energy Regulatory Commission voted Tuesday to wait to embark on environmental review reforms until after the new administration has settled in, with the fate of the Trump administration's overhaul of the National Environmental Policy Act unclear.

  • January 19, 2021

    Feds Urge Court To Deny Bid To Block $2.9B Pipeline Project

    The Army Corps of Engineers urged a D.C. federal court to deny a bid by indigenous American tribes and environmental groups to block the final phase of a $2.9 billion oil pipeline replacement project in Minnesota, defending its permitting of the plan.

  • January 19, 2021

    DOI Didn't Justify OK For Alaska Refuge Road, Activists Say

    Environmental groups have urged the Ninth Circuit to preserve a ruling that rejected the U.S. Department of the Interior's approval of a land swap to allow a road for an Alaska Native community to be built through a wildlife refuge, saying the DOI secretary violated federal law and didn't justify switching the agency's stance against the plan.

  • January 19, 2021

    Calif. Density Law May Spur More Affordable Housing

    A California density bonus law could tip the scale in favor of residential developers undertaking certain new projects, and experts say the change could be a key step toward the state solving its housing affordability crisis.

  • January 19, 2021

    Coronavirus Regulations: A State-By-State Week In Review

    The COVID-19 vaccination effort led to milestones over the past week in states including Florida and Texas, which became the first in the nation to administer its millionth dose, and prompted New York to call on Pfizer for direct purchase access so the state can meet increased demand due to expanded eligibility.

  • January 19, 2021

    Ex-Bloomberg Exec Gets 3 Years For Evading Taxes On Bribes

    A Manhattan federal judge on Tuesday hit a former Bloomberg LLC executive with over three years in prison after he admitted stiffing the IRS on what prosecutors call $1.4 million of bribes taken for doling out construction contracts with the media and financial company.

  • January 19, 2021

    DOL Backs Trump Joint-Employer Rule At 2nd Circ.

    The U.S. Department of Labor's regulation narrowing the circumstances in which multiple businesses are liable to the same worker under federal law was improperly struck down, the Trump administration has told the Second Circuit, arguing the agency reasonably justified and supported the rule.

  • January 19, 2021

    Feds Bluffing On Casino Bribes To Tribal Chair, Donor Says

    The owner of an architecture and design company asked a judge Tuesday to dismiss charges that he funneled bribes to the former chairman of the Mashpee Wampanoag Tribe in connection with a casino project, arguing the government lacks proof of a quid pro quo.

  • January 19, 2021

    Real Estate Rumors: KKR, John Novak, DR Horton

    KKR has reportedly picked up two Florida industrial properties for $13 million, a venture that includes developer John Novak is said to have paid $25 million for 42,900 square feet in Chicago, and D.R. Horton is reportedly hoping to rezone 36.5 acres in Florida in order to build 205 homes there.

  • January 19, 2021

    Architecture Co.'s Execs Seek To Escape DOL Stock-Plan Suit

    The administrators of an architectural firm's employee stock ownership plan have asked a Hawaii federal judge for a win in a U.S. Department of Labor suit alleging the executives inflated the firm's revenue projections when its stock was appraised, saying they fulfilled their obligations to the plan.

  • January 19, 2021

    Federal Gov't Wants Out Of Moot $2.15B Texas Pipeline Suit

    The U.S. Fish and Wildlife Service and the U.S. Department of the Interior want a Texas federal judge to dismiss as moot challenges to the validity of permits and exemptions granted to Kinder Morgan Inc. for its approximately $2.15 billion Permian Highway Pipeline.

  • January 15, 2021

    Fla. Construction Co. Must Face Suit Over Worker's Fall Injury

    A Florida appeals court on Friday revived a suit seeking to hold a construction company liable for injuries a subcontract worker sustained after he fell into an uncovered drain at a parking garage construction site, saying the trial judge erred in tossing the suit because the drain was an "open and obvious" hazard.

  • January 15, 2021

    9th Circ. Judge Doubts Insurer's SLAPP Sinking Tower Fight

    A Ninth Circuit judge appeared skeptical Friday of a New Jersey insurance company's efforts to toss under California's anti-SLAPP law an engineering firm's bad faith counterclaim in litigation over San Francisco's notorious sinking Millennium Tower, asking the insurer, "Why didn't you just fight the thing on the merits?"

  • January 15, 2021

    $1B Power Project Gets Trump OK, But 1st Circ. Roadblock

    The First Circuit blocked construction Friday on part of a controversial $1 billion clean energy development that would connect New England to Canadian hydroelectric power, just a day after the Trump administration granted the project a key cross-border permit.

  • January 15, 2021

    Manhattan DA Subpoenas NY Towns Over Trump Property

    Manhattan's district attorney has subpoenaed records from three New York towns, seeking information about a Trump Organization property called Seven Springs Estate, which is already under scrutiny by the state's attorney general, according to a news report Friday.

  • January 15, 2021

    Real Estate Rumors: IQHQ, Beyond Meat, C-III Capital

    IQHQ is reportedly planning a 565,000-square-foot Boston-area project, Beyond Meat is said to have leased roughly 280,000 square feet in the Los Angeles area and C-III Capital has reportedly dropped $64 million on a Florida apartment complex.

  • January 15, 2021

    CBL Mall Execs Get 90-Day Ch. 11 Stay On Stockholder Suit

    Several current and former executives of mall owner CBL & Associates will get a 90-day reprieve from a federal stockholder lawsuit, after a Texas bankruptcy court judge extended the stay on litigation during CBL's Chapter 11 reorganization.

  • January 15, 2021

    Ariz. Copper Mine Plan Enters Next Stage Amid Court Fight

    The U.S. Department of Agriculture on Friday released the final environmental impact statement for a land swap that would allow for copper mining on lands sacred to the Apache tribe in Arizona, as indigenous advocates continue to fight the project.

  • January 15, 2021

    Calif. Judge Boots Tribe's Bid To Undo Casino Ruling

    A California judge has rejected a bid by the Pinoleville Pomo Nation to undo his ruling that the tribe breached a 2012 agreement with JW Gaming Development related to a botched casino, saying new evidence the tribe put forward doesn't add up.

  • January 15, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen China's Huawei facing a patent fight, oil trading giant Mercuria sue a petroleum company and a spread-better file a claim against real estate tycoon Robert Tchenguiz. Here, Law360 looks at those and other new claims in the U.K.

Expert Analysis

  • Perspectives

    Judges On Race: The Path To A More Diverse Bench

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    To close the diversity gap between the judiciary and the litigants that regularly appear in criminal courts, institutions including police departments, prosecutor offices and defense law firms must be committed to advancing Black and Latino men, says New York Supreme Court Justice Erika Edwards.

  • FWS Guidance On Incidental Bird Killings May Be Short-Lived

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    In the near term, the U.S. Fish and Wildlife Service's recently issued final environmental impact statement asserting that incidental killings of migratory birds are not illegal will provide companies with more regulatory certainty, but the Biden administration may seek to reverse course, say Peter Whitfield and Aaron Flyer at Sidley.

  • Opinion

    NY Must Uproot Old Laws To Make Real Climate Progress

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    New York leads the nation in its efforts to confront climate change, but to fully realize the state's environmental ambitions, policymakers must update laws that encourage continued fossil fuel consumption, say Justin Gundlach at New York University School of Law and Elizabeth Stein at the Environmental Defense Fund.

  • COVID-19 Has Broad Impact On Lost-Profit Determinations

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    The COVID-19 pandemic is already adding new complexities to damages calculations used in lost-profit claims litigation, even in cases in which the coronavirus is not the direct cause of the breach, say Neil Ashton and Michael Yachnik at StoneTurn.

  • Tips For Identifying A Culturally Competent Mediator

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    Attorneys can pick open-minded neutrals by taking a client's race, gender, sexual orientation and nationality into account, and by ensuring the mediator is able to communicate effectively across cultures, says Anelise Codrington at Swift Currie.

  • A Look At Spoliation Risk In The 11th Circ., By The Numbers

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    Attorneys at Eversheds Sutherland look at Eleventh Circuit opinions from the past five years to determine the odds of a spoliation finding, and how risks in the federal appeals court compare to those in the federal district and state courts of Alabama, Florida and Georgia.

  • Opinion

    NLRB Memos Extend GC's Employer-Friendly Policy Spree

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    While three recent National Labor Relations Board general counsel advice memos favoring management wane in legal importance ahead of the upcoming administration change, they add to the GC’s unprecedented efforts to change labor law through letters and rulemaking, says Samuel Morris at Godwin Morris.

  • How Construction Industry Can Adapt To COVID-19 Disruption

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    As COVID-19 decreases funding and increases costs for the construction industry, participants should review their contract clauses pertaining to risk allocation, as well as their insurance policies to assess the scope of their coverage, say James Barriere and Chad Caplan at Hinckley Allen.

  • COVID-19 Spurs Associates To Think Bigger — Like Partners

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    What is the firm's data on profit per partner? How do the rainmakers seal deals without pre-COVID-19 pricey dinners? Is the firm financially stable? These are the kinds of partner-level questions associates are now asking before choosing a new firm, which points to a major shift in the lateral landscape, say Kate Reder Sheikh and Rebecca Glatzer at Major Lindsey & Africa.

  • Opinion

    GCs Are Uniquely Qualified To Lead Diversity Initiatives

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    As guardians of their companies' codes of conduct and ethical standards, general counsel have the ability to endorse changes that will help their corporations create more diverse and equitable workplaces, says Deborah Marson at Iron Mountain.

  • 3 Ways Defendants Can Nip Civil RICO Claims In The Bud

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    Federal courts across the country have rejected civil Racketeer Influenced and Corrupt Organizations Act claims at the pleading stage in several recent cases that illustrate how defendants can utilize specificity, distinct enterprise and proximate cause to head off allegations of racketeering, says Gopi Panchapakesan at Bird Marella.

  • Perspectives

    Judges On Race: Reducing Implicit Bias In Courtrooms

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    With unconscious biases deeply embedded in the court system, judges must take steps to guard against the power and influence of stereotypes during jury selection, evidence admissibility hearings, bail proceedings and other areas of judicial decision making, says U.S. Circuit Judge Bernice Donald.

  • Navigating Atty Relationship Conflicts That May Imperil Cases

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    In light of recent American Bar Association guidance on conflicts of interest posed by social or intimate relationships between opposing counsel, lawyers must carefully consider whether any personal ties could lead to ethics violations that may affect the outcome of a case, say Thomas Wilkinson and Douglas Fox at Cozen O'Connor.

  • Opinion

    Opportunity Zone Investment Options Should Be Expanded

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    Future opportunity zone legislation should limit the capital gains requirement and broaden tax incentives to allow participation from currently excluded investors with deep connections to community revitalization, says Venroy July at Miles & Stockbridge.

  • How COVID-19 May Change Universities' Use Of P3s

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    Universities using public-private partnerships for campus capital and maintenance projects face potential losses from reductions in demand and revenue caused by COVID-19 — but university P3s may continue to flourish with contractual limits on private partners' risks, say Yukiko Kojima and Josh Burke at Nossaman.

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