Construction

  • 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.

  • December 17, 2020

    Home Depot To Pay $20.75M Fine Over Lead Paint Practices

    Home Depot has agreed to pay a $20.75 million penalty to end the federal government's claims that it sent unqualified contractors to hundreds of customers' homes for projects that potentially disturbed lead paint, according to a consent decree filed Thursday.

  • December 17, 2020

    Real Estate Rumors: Plymouth, JDS, Deka Immobilien

    Plymouth Industrial REIT has reportedly picked up 28 industrial buildings in the Memphis area for $86 million, JDS Development is said to have paid $23 million for two Miami development sites and Deka Immobilien has reportedly bought a downtown Los Angeles office tower for $196 million.

  • December 17, 2020

    Atty's Bid To Defeat EB-5 Malpractice Suit Denied

    An Illinois federal judge denied on Tuesday a Chicago attorney's bid for favorable judgment over allegations that he perpetuated an $88 million EB-5 investment scheme, ruling that the attorney did not assert any new defenses against the legal malpractice claim.

  • December 17, 2020

    Construction Co. Can't Revive Canceled Army Corps' Contract

    The Armed Services Board of Contract Appeals tossed a construction company's challenge of a decision canceling their warehouse construction contract following delays, despite accusations that the Army Corps of Engineers antagonized the company from the start.

  • December 17, 2020

    NY Court Slashes $14M Verdict In Apartment Collapse Suit

    A New York state appeals court on Thursday reduced a $14 million verdict to $5.6 million in a suit seeking to hold a New York City apartment owner liable for injuries a resident suffered when her roof collapsed, saying awards for medical expenses and future pain and suffering were excessive.

  • December 17, 2020

    3 Firms Steer $90M New Jersey Construction Loan

    Cole Schotz represented Invictus Real Estate in connection with its $89.5 million loan to Hill Wallack- and Chiesa Shahinian-counseled private equity shop Eastone Equities for a mixed-use project in Harrison, New Jersey, Cole Schotz announced Thursday.

  • December 17, 2020

    KKR Sells 2 Netherlands Student Housing Projects For €190M

    KKR said Thursday it sold two student housing developments in the Netherlands for a combined €190 million ($233 million), with law firm Loyens & Loeff NV guiding on the sale of a 700-unit development.

  • December 17, 2020

    Construction Group Of The Year: Schiff Hardin

    Schiff Hardin attorneys served as outside counsel to the owners of a $6 billion mega-development in Chicago and negotiated contracts for environmental remediation on the Gowanus Canal Superfund site in New York City, earning the firm a spot on Law360's 2020 Construction Groups of the Year.

  • December 17, 2020

    Clean Energy Projects Dodge Pandemic's Wrath In 2020

    The energy project development story of this past year was a tale of two sectors, as clean energy developers powered through a global pandemic that helped slow or stop most oil and gas projects in their tracks. Here, Law360 breaks down four significant energy project finance trends of 2020.

  • December 17, 2020

    Antitrust Watchdog Fines Construction Supply Cartel £15M

    Britain's antitrust watchdog said Thursday that it has fined two companies that supply materials to the construction industry a total of £15 million ($20 million) for illegally colluding to reduce competition and to keep their prices up.

  • December 16, 2020

    Weil Says Hagens Berman Faked Witness Claims In Stock Suit

    A team of Weil attorneys representing a South African chemical company has accused investors' attorneys from Hagens Berman of submitting false accounts from confidential witnesses to prop up their claims in their multibillion-dollar securities suit.

  • December 16, 2020

    Lawmakers, Industry Groups Clash Over Trump Water Rule

    Dozens of current and former members of Congress told a Massachusetts federal court Wednesday that the Trump administration's effort to narrow the Clean Water Act's regulatory reach was wrong and contrary to science, while industry groups said the new policy approach was sound.

  • December 16, 2020

    Biden's Energy Picks Put Climate Front And Center

    President-elect Joe Biden has reportedly picked a slate of experienced leaders with proven records for addressing climate change issues to lead the U.S. Department of Energy and serve in the White House, underscoring the new administration's stated commitment to clean energy and addressing climate issues.

  • December 16, 2020

    Texas Judges Weigh Kinder Morgan Pipeline Oversight Suit

    A Texas appellate court on Wednesday questioned whether landowners and municipalities could revive claims that Kinder Morgan's $2 billion Permian Basin-to-Gulf Coast natural gas pipeline needs more oversight when the pipeline has already been completed in their area.

  • December 16, 2020

    Real Estate Rumors: Starwood, Dwight Capital, Fairfield

    Starwood has reportedly sold four Florida buildings for $78.42 million, Dwight Capital is said to have loaned $44.5 million for an Oklahoma City redevelopment project, and Fairfield Residential has reportedly paid $13.4 million for a Fort Lauderdale, Florida, development site.

  • December 18, 2020

    Construction Group Of The Year: Bradley Arant

    Bradley Arant Boult Cummings LLP helped contractor Kiewit overturn its bid protest loss at the GAO for a $39 million contract, and won a precedential opinion from the Fourth Circuit to enforce the terms of Turner Construction's agreement with a subcontractor in a spat over work on an FBI facility, helping it earn a place among Law360's 2020 Construction Groups of the Year.

  • December 16, 2020

    Green Groups Ask 9th Circ. Not To Restore XL Pipeline Permit

    Keystone XL pipeline developer TC Energy's argument that the vacatur of a nationwide permit will cause construction delays and extra costs isn't enough to merit reinstating the permit, environmental groups have told the Ninth Circuit.

  • December 16, 2020

    Insurer Says Policy Excludes Damage To $2.3B Condo Project

    Frankenmuth Mutual Insurance Co. shouldn't have to cover claims that its policyholder did shoddy work on a $2.3 billion construction project, since the damages were discovered before the builder took out the insurance policy, the insurer told an Alabama federal court.

  • December 16, 2020

    Fla. Court Revives Suit Over Copycat Commercial Data Center

    A Florida appeals court on Wednesday revived part of data services company Digiport Inc.'s lawsuit accusing a real estate development company of using trade secrets to build a data center in Miami, ruling that the question of whether Digiport's business concept is a trade secret should go to a jury.

  • December 16, 2020

    Okla. Justices Allow Builder's Storm Repair Coverage Suit

    The Oklahoma Supreme Court ruled Tuesday that a construction company can pursue a suit alleging that a client's home insurance carrier lowballed her claim for storm damage, finding that the client was permitted to assign the builder her right to sue the insurer for breach of contract.

  • December 16, 2020

    Tool Co. Says Plaintiff In Classification Suit Doesn't Fit Class

    Tool manufacturer Matco Tools Corp. urged a California federal judge on Tuesday not to certify a former distributor's proposed class action accusing the company of misclassifying operators as independent contractors, saying the lead plaintiff doesn't have the same interests as the class members he seeks to represent.

  • December 16, 2020

    Construction Group Of The Year: King & Spalding

    King & Spalding LLP tackled major deals including a $20 billion gas project in Mozambique, while taking on legal fights with a powerful team of construction and arbitration lawyers, making it a Law360 2020 Construction Group Of The Year.

  • December 16, 2020

    Top UK Court Clears The Way For Heathrow Expansion

    Britain's highest court cleared the runway on Wednesday for London's Heathrow Airport expansion plans, ruling that the government had appropriately considered the country's global climate change commitments.

  • December 15, 2020

    DHS Urges DC Circ. To Rebuff Tribes' Bid To Stop Border Wall

    The U.S. Department of Homeland Security has urged the D.C. Circuit to reject a bid by several tribes to stop construction on President Donald Trump's border wall in California, saying the evidence doesn't back the tribes' claims the project will damage sacred sites.

Expert Analysis

  • Now Is The Time To Go Digital With Compliance Training

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    To properly meet the U.S. Department of Justice's latest corporate compliance expectations and adapt to the current remote working environment, consider collaborating with a client on an e-learning solution tailored to its employees, says Alexander Holtan at Eversheds Sutherland.

  • Overcoming The Pandemic's Hurdles To Pro Bono Work

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    Sarah McLean at Shearman & Sterling looks at how attorneys and law firms can partner with nonprofits to leverage their collective resources, sharpen their legal skills and beat the unique pandemic-induced challenges to providing free legal services to low-income individuals.

  • Opinion

    Trump's Tax Tactics May Be Criminal

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    Apologists who defend President Donald Trump as having shrewdly exploited legal loopholes by deducting dubious consulting fees from his taxes are ignoring major badges of fraud that would have led the Internal Revenue Service to investigate any other taxpayer, says Daren Firestone at Levy Firestone.

  • Best Practices For Presenting Exhibits In A Remote Deposition

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    In this era of fully remote depositions, attorneys must carefully consider whether they want to deliver exhibits to opposing counsel in advance or on the day of the deposition, and think creatively about the technological resources available to them, say Helene Wasserman and Nathaniel Jenkins at Littler.

  • Recent Turmoil Accelerates Evolution Of Homebuilding Trends

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    Although the pandemic, widespread protests and West Coast wildfires have presented significant challenges for the homebuilding industry, shifting preferences and a steady appetite for new homes continue to drive a strong industry outlook, say Rick Rubin and Will Soper at Fox Rothschild.

  • What We Know About How Judicial Bias Can Influence Rulings

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    The struggle to replace Justice Ruth Bader Ginsburg raises the question whether U.S. Supreme Court justices and federal judges are able to separate their political beliefs and world views from their judicial opinions, with studies in political science and social psychology providing clear answers, says Drury Sherrod at Mattson and Sherrod.

  • Law Firm Social Responsibility Strategies In The New Normal

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    Law firm leaders and marketers should consider several fundamental questions as they develop their corporate social responsibility programs amid the pandemic with reduced available time, money and personnel, including identifying a realistic charitable spending budget and seeking input from firm lawyers, clients and nonprofit partners, says Tina van der Ven at NewStar Media.

  • What To Expect On Key Civil Procedure Issues From Barrett

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    Judge Amy Coney Barrett's prolific opinion writing on the Seventh Circuit reveals a clear picture of what we can expect from this jurist on issues such as state court personal jurisdiction over out-of-state defendants, Article III standing and the application of federal law in diversity actions, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • A Likely Tipping Point For Nonlawyer Ownership Of Law Firms

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    The Arizona Supreme Court's recent decision to eliminate prohibitions on nonlawyer ownership of law firms may show that the organized bar's long-standing rhetoric that such rules are essential to protecting the legal profession's core values is overblown, say Anthony Sebok at Cardozo School of Law and Bradley Wendel at Cornell Law School.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • 5 Ways Retailers Can Mitigate Product Liability Litigation Risk

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    While courts sometimes hold retailers liable for injuries caused by products they sold but did not manufacture — as a California appeals court did recently in Bolger v. Amazon — retailers can implement a number of strategies to reduce product liability litigation risk, say Alexandra Cunningham and Elizabeth Reese at Hunton.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

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