Construction

  • December 21, 2020

    SEC Says Funds Misused In $1.4M Subdivision Project

    The man behind a subdivision development project in Texas misdirected investors' funds to another venture, eventually leading to a "total loss" for the $1.4 million project, the U.S. Securities and Exchange Commission said Monday.

  • December 21, 2020

    Trade Court Knocks Wood Duties Back To Commerce

    A U.S. Court of International Trade judge on Monday told the U.S. Department of Commerce to take a third crack at calculating import duties on wood from China, accepting its decision to chop one producer's rate but sending a rough-hewn standard rate back for polishing.

  • December 21, 2020

    Real Estate Rumors: AHS Residential, TJ Maxx, Capital One

    AHS Residential is reportedly hoping to rezone a 7.1-acre Florida development site and is eyeing a multifamily project there, TJ Maxx is said to have leased 205,306 square feet in Maryland and Capital One is reportedly hoping to sublease 164,709 square feet in Illinois.

  • December 21, 2020

    EPA Must Face Challenge To Water Permit Limitations

    The U.S. Environmental Protection Agency can't yet throw out a challenge to its rule that unraveled states' and tribes' authority to block pipeline projects under the Clean Water Act, a Pennsylvania federal judge held Friday.

  • December 21, 2020

    CIT Reiterates How Commerce Can Calculate Thai Steel Duties

    The U.S. Court of International Trade ordered the U.S. Department of Commerce to recalculate anti-dumping duties on steel products from three producers in Thailand Monday, barring the agency from throwing out the company's home market sales to drive margins higher.

  • December 21, 2020

    The Biggest Environmental Law Decisions Of 2020

    The U.S. Supreme Court issued a groundbreaking decision on the Clean Water Act's reach, chemical manufacturer Arkema defeated criminal charges over toxic releases in Texas related to Hurricane Harvey, and the Ninth Circuit delivered a big loss to youth plaintiffs that were seeking to hold the federal government accountable for climate change. Here, Law360 breaks down six of the biggest environmental law decisions of the year.

  • December 21, 2020

    PE Firm Buys Beacon Unit In $850M Deal Driven By 3 Firms

    Beacon Roofing Supply Inc. has agreed to sell its interior products business to private equity firm American Securities for roughly $850 million, in a deal put together with help from Sidley Austin, Potter Anderson and Weil Gotshal, the companies said Monday.

  • December 21, 2020

    BIA Approves Troubled Tribe's Land-Into-Trust Casino Bid

    The U.S. Department of the Interior's Bureau of Indian Affairs said Friday it has approved the financially strapped Kiowa Indian Tribe's land-into-trust application so the tribe can build a new casino in the city of Hobart, Oklahoma, on a site located on its former reservation.

  • December 21, 2020

    Osage Nation Wants Wind Farm Cos.' Damage Defenses Nixed

    A council that negotiates mineral leases for the Osage Nation of Oklahoma is seeking to strike down defenses put forward by a group of wind farm developers, as an Oklahoma federal court considers appropriate damages for their trespass on Osage lands.

  • December 18, 2020

    ​​​​​​​4th Circ. Rejects Sweeping Challenge To DOL's Visa Authority

    An appeals court has rejected a broad challenge to the U.S. Department of Labor's authority to regulate nonagricultural visas, finding that the department has "inherent authority" to issue rules governing the H-2B visa process.

  • December 18, 2020

    Real Estate Rumors: CC Homes, 601W, Winter Properties

    CC Homes has reportedly paid $11.5 million for 47.5 acres in Florida, 601W Cos. is said to have wrapped up its $953 million purchase of a New York office property and a Winter Properties venture has reportedly gotten the green light for a West Palm Beach apartment tower project.

  • December 18, 2020

    Fed. Circ. Agrees That Caterpillar ITC Patent Claim Is Invalid

    The Federal Circuit said Friday that substantial evidence supports a decision by the U.S. International Trade Commission that one claim in a Caterpillar Inc. patent covering a road milling machine is invalid.

  • December 18, 2020

    Feds Reach Deal With BASF, Olin Corp. For Ala. Site Cleanup

    The federal government has reached an agreement with chemical maker Olin Corp. and BASF Corp for remediation work at an Alabama Superfund site that will cost at least $13.4 million, according to a consent decree.

  • December 18, 2020

    Wells Fargo Gets Contractor's PPP Claims Sent To Arbitration

    A Texas federal judge ruled Friday that Houston-based general contractor DNM must submit to an arbitrator its putative class action claims that Wells Fargo gave preferential treatment to bigger borrowers for Paycheck Protection Program loans.

  • December 18, 2020

    Boral, PE Firm Sell Joint Venture Brick Biz For $250M

    Multinational construction materials manufacturer Boral Ltd. continued its selling spree on Friday with the announcement of the sale of Meridian Brick to Austrian competitor Wienerberger for $250 million, a move that comes in a year that has rocked the construction industry.

  • December 18, 2020

    Fire Sprinkler Co. Wants Tardy Worker's Firing Reinstated

    A fire sprinkler maker asked a Michigan federal judge to vacate a labor arbitrator's order that it rehire a worker it fired for repeatedly calling into work late, saying her attendance issues were firing offenses under its collective bargaining agreement with a United Steelworkers local.

  • December 18, 2020

    Trump Admin. Faltered On Oil And Gas Leasing, 9th Circ. Told

    Environmental groups told the Ninth Circuit that the Bureau of Land Management has prioritized development over its other responsibilities, like protecting the "near-threatened" greater sage grouse, arguing in two appeals that lower courts were right to toss oil and gas leases.

  • December 18, 2020

    Biggest Environmental Rules Of 2020

    The Trump administration in 2020 brought big-ticket environmental regulations to the finish line, revamping how the federal government implements the Clean Water Act, how it conducts reviews for infrastructure projects and how the country manages coal ash waste. Here, Law360 looks back at the Trump administration's biggest environmental rulemakings of 2020.

  • December 17, 2020

    Mining Co. Aims To Duck Claims For 2015 Gold King Spill

    Sunnyside Gold Corp. asked a New Mexico federal court on Thursday to throw out claims against it resulting from a 2015 mine collapse and toxic spill, saying it can't be held liable for the condition of three bulkheads it had no control over and had finished constructing more than a decade before.

  • December 17, 2020

    SEC Fines E&Y Member Firm For Role In $3B Homes Scam

    The U.S. Securities and Exchange Commission struck a $1.5 million deal with a so-called member firm of Ernst & Young Global on Thursday for its role as the auditor of a Mexico-based homebuilder accused of multibillion-dollar accounting fraud.

  • December 17, 2020

    Dallas Developer Accused Of Bribing Ex-Council Members

    A Dallas real estate developer has been indicted in Texas federal court for allegedly bribing two former city council members to receive favorable treatment on his housing projects and almost $2 million in loans and grants, according to a grand jury indictment unsealed Wednesday.

  • December 17, 2020

    Texas County Wins $5.6M For Hurricane Harvey Cleanup

    The U.S. Civilian Board of Contract Appeals has determined that Harris County, Texas, is entitled to about $5.6 million in additional federal reimbursement for Hurricane Harvey cleanup costs, but not the entire $15 million it requested to cover incentive payments to a contractor.

  • December 17, 2020

    Northern Dynasty To Fight Rejection Of Pebble Mine Permit

    Northern Dynasty Minerals Ltd., which has sought for years to exploit a precious metals deposit in Alaska's Bristol Bay watershed, said Thursday it will challenge the U.S. Army Corps of Engineers' recent decision nixing a critical water permit for the controversial Pebble Mine project.

  • December 17, 2020

    Sunoco Gets Mariner East Reroute Order Paused In Pa.

    Sunoco was prematurely ordered to reroute a section of its Mariner East gas pipeline in Pennsylvania following an August drilling mud spill that polluted a lake in a popular state park, according to an administrative law judge overseeing a dispute between the company and the state's Department of Environmental Protection.

  • December 17, 2020

    Meet The North Carolina Regulator Tapped To Lead EPA

    President-elect Joe Biden on Thursday picked the head of North Carolina's environmental department to lead the U.S. Environmental Protection Agency, where big challenges await, from helping redirect the agency toward fulfilling Biden's climate change goals to addressing environmental justice concerns.

Expert Analysis

  • A Justice Barrett Could Bring Clarity To Property Rights Law

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    While Judge Amy Coney Barrett’s recent Seventh Circuit decision in Protect Our Parks v. Chicago Park District reveals no particular vision on property rights, it suggests she would help clarify a famously muddled area of the law if confirmed to the U.S. Supreme Court, says Bryan Wenter at Miller Starr.

  • UK Pandemic Recovery Offers Opportunities For Green Cos.

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    The U.K. government's plans to use regulations and funding to accelerate the transition to a green economy after the COVID-19 pandemic promise significant opportunities for companies and investors focused on clean technologies, says Samantha Deacon at Goodwin.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Sustainable Finance Is On The Rise

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    With green bonds, green loans and sustainability-linked debt instruments appearing with increasing prevalence in the bond and loan markets, opportunities within sustainable finance look set to continue their upward trajectory as environmental, social and governance factors increase in importance for both companies and investors, say attorneys at Vinson & Elkins.

  • 4 Enforcement Actions Highlight SEC's Focus On Earnings

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    The U.S. Securities and Exchange Commission's four enforcement actions settled in the days before its fiscal year-end show the regulator is keeping an eye on issuers' earnings management and financial reporting, and demonstrate the dangers of fixating on analysts' earnings targets, says Lori Echavarria at WilmerHale.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • Employer Arbitration Agreement Pointers From 2 Rulings

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    While two recent decisions from the New Jersey Supreme Court and Third Circuit address separate employment arbitration agreement enforceability issues, both reaffirm the strong federal policy favoring arbitration and offer some clarity on when a court versus an arbitrator determines whether an agreement exists, says Kirsten Grossman at Nukk-Freeman.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

  • NY Art Disputes Highlight Fame's Role In Copyright Suits

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    The long-standing art disputes in New York involving 5Pointz and The Andy Warhol Foundation demonstrate that the Visual Artist Rights Act operates differently than traditional copyright law and that arguments about an artist's fame outside of VARA can undermine public policy, say Susan Kohlmann and Jacob Tracer at Jenner & Block.

  • 3 Keys To Avoiding Pandemic-Related Construction Suits

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    By paying close attention to contractual compliance, contemporaneous documentation and fair dealing, construction parties can avoid claims stemming from the pandemic’s impact or position themselves to prevail when litigation is unavoidable, say Colby Balkenbush and Ryan Gormley at Weinberg Wheeler.

  • Series

    AGs In A Pandemic: Miller Talks Iowa Derecho

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    The intense, straight-line windstorm that devastated Iowa in August brought out scammers and charlatans, but state Attorney General Tom Miller says that the COVID-19 crisis had prepared his office's Consumer Protection Division to take swift action on price-gouging and other problems in the wake of the disaster.

  • What Hiring Law Firms Should Consider Instead Of Grades

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    With law schools forgoing traditional grading due to the pandemic, hiring firms that have heavily weighted first-year grades during the on-campus interview process should turn to metrics that allow a more holistic view of a candidate, says Kate Reder Sheikh at Major Lindsey.

  • 3 Key Takeaways From Wash. Spearin Doctrine Ruling

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    A Washington state appellate court's recent decision in Lake Hills v. Rushforth illustrates that the Spearin doctrine is a viable defense for contractor breaches only in limited circumstances, and provides guidance regarding the strong majority rule of delay appointment and the consequences of underpaying contractors, says Geoff Palachuk at Lane Powell.

  • Series

    Judging A Book: Schroeder Reviews 'Collegiality'

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    Mark Barringer's new book, "Collegiality and the Constitution," is an engaging, vibrant work of judicial history in Texas' Eastern District, and reveals an atmosphere of civility and respect among all those involved in the business of the court, says U.S. District Judge Robert W. Schroeder III.

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