Construction

  • July 14, 2020

    Trade Court Puts Guardrails On Trump's Security Tariff Power

    The U.S. Court of International Trade ruled Tuesday that President Donald Trump unlawfully increased national security tariffs on Turkish steel imports, finding that the president didn't follow congressionally mandated deadlines when doubling the levies to 50%.

  • July 14, 2020

    Real Estate Rumors: Method Products, Bridge, Housing Trust

    Method Products is reportedly leasing 400,000 square feet in Chicago, a Bridge Development venture is said to have paid $11 million for a South Florida development site, and Housing Trust Group will reportedly lease a property from the city of Hollywood, Florida, and plans to build a multifamily project there.

  • July 14, 2020

    NY Town Can't Block $500M Gas Pipeline

    An upstate New York town can't prevent a pipeline operator from constructing a compressor station by denying it a building permit, because the town's requirements are preempted by the Natural Gas Act, a federal court ruled on Tuesday.

  • July 14, 2020

    Surprising Alliances Shape The Supreme Court Term

    The U.S. Supreme Court saw a drop in narrowly divided rulings and more than a few unusual alliances among the justices in a term packed with contentious cases on abortion, immigration, LGBTQ rights and agency authority.

  • July 14, 2020

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

    As regional spikes in COVID-19 cases continued to temper reopening efforts over the past week, California officials ordered the closure of a wide swath of businesses and unveiled plans to bolster firefighting reserves, while Florida Gov. Ron DeSantis held a roundtable with mayors following record-high positive test results over the weekend and New York launched a quarantine compliance initiative in airports.

  • July 14, 2020

    Green Group Challenges EPA Water Permit Limitations

    A Pennsylvania environmental group has sued the U.S. Environmental Protection Agency, saying the agency's interpretation of Section 401 of the Clean Water Act published this week "eviscerates" states' and tribes' ability to protect waters around federal pipeline projects.

  • July 14, 2020

    Travelers Jumped Gun In HD Fowler Suit, Judge Finds

    A Washington federal judge on Tuesday tossed a suit by Travelers Property Casualty Co. of America against H.D. Fowler Co. over coverage for defective water pipes, saying the insurer couldn't sue to disclaim coverage because there isn't any sign yet that the contractor would be sued over the incident.

  • July 14, 2020

    Why Can't Female Lawyers Make Headway At The High Court?

    The number of female lawyers arguing before the U.S. Supreme Court hit a new low this year. Can the pipeline to these coveted oral argument slots be fixed?

  • July 14, 2020

    Law360's Supreme Court Pop Quiz

    Test how closely you were paying attention to the explosive 2019-2020 Supreme Court term.

  • July 13, 2020

    Feds Look To Overturn Water Rule Injunction At 10th Circ.

    A Colorado court misinterpreted a key U.S. Supreme Court decision and overstated the negative effects of a Trump administration's rule narrowing the scope of the Clean Water Act when the court enjoined the rule, the federal government has told the Tenth Circuit.

  • July 13, 2020

    Builder Inks $1.5M Sex Harassment Deal With New York AG

    A Long Island construction company has paid $1.5 million to 18 female former employees following a sexual harassment and workplace retaliation investigation by the New York Office of the Attorney General, AG Letitia James announced Monday.

  • July 13, 2020

    6th Circ. Backs Class Cert. In State Farm Labor Costs Suit

    The Sixth Circuit on Friday upheld the certification of a class of State Farm policyholders who allege the insurer improperly depreciated the costs of labor when deciding the sum owed on their damaged or destroyed homes, agreeing with a lower court that class treatment is proper because the policyholders' claims involve a common legal question.

  • July 13, 2020

    The Sharpest Dissents From The Supreme Court Term

    The majority of this term’s dissents came from the court’s right-leaning justices, and many of their sharpest critiques stemmed from suits over Trump administration policies. Here, Law360 looks at some of the fieriest.

  • July 13, 2020

    Ark. Highway Project Lacked Adequate Review, Residents Say

    A major Arkansas highway project hasn't undergone adequate environmental review and the upcoming construction should be put on hold, a group of residents and neighborhood groups told an Arkansas federal court.

  • July 13, 2020

    10th Circ. Says Insurer Needn't Cover Homeowners' Hail Loss

    The Tenth Circuit said Monday that Country Financial Insurance Corp. correctly calculated a Colorado homeowner association's loss from a 2016 hailstorm as more than $1 million, upholding the lower court's ruling that the insurer owes nothing because the repair cost did not exceed the policy's deductible.

  • July 13, 2020

    Real Estate Rumors: Prestige, G4 Capital, Levine Investments

    Developer Prestige Cos. is reportedly hoping to build two apartment buildings in South Florida, G4 Capital is said to have loaned $75 million for a New York project, and Levine Investments has reportedly paid $11.63 million for a Walgreens-anchored property in Florida.

  • July 13, 2020

    Army Corps Says $2.2B Texas Pipeline Work Should Continue

    The Sierra Club is wrongly trying to halt construction on a Texas natural gas pipeline and its concerns are not urgent, the U.S. Army Corps of Engineers and the pipeline builder told a Texas federal court.

  • July 13, 2020

    The Funniest Moments Of The Supreme Court's Term

    Justice Stephen Breyer conjured up a baffling hypothetical involving a Roman emperor, Chief Justice John Roberts stepped up his game on popular slang, and a toilet flushed loudly as a Latham & Watkins lawyer discussed constitutional rights. Here, Law360 highlights the most mirthful moments from this past term's U.S. Supreme Court arguments.

  • July 13, 2020

    The Chattiest Justice Of The Term Is ...

    One justice again stood out as the chattiest member of the Supreme Court this term. But that jurist's talk was tempered when the coronavirus pandemic forced the court to close its doors and conduct remote oral arguments, which were livestreamed for the first time in history.

  • July 13, 2020

    Cromwell Property, Stratus Form $1B Data Center Fund

    Cromwell Property Group has formed a venture with Stratus Data Centres to manage a new data center fund that will target $1 billion worth of investments, the companies announced on Monday.

  • July 10, 2020

    Lax Safety At Mont. Oil Processing Plant Gets Ex-Prez 18 Mos.

    The former president of an oil processing facility was handed an 18-month prison sentence Friday over claims his disregard for safety led to an explosion that federal prosecutors said injured three workers and caused a fire that lasted eight days.

  • July 10, 2020

    The Majority Of One: How Roberts Is Shaping The Court

    The 2019 term has removed all doubt: Chief Justice John Roberts Jr. is the power broker on the U.S. Supreme Court. But unlike past swing justices, the nation's top jurist puts the reputation of the court before his own conservative instincts and is willing to compromise when he needs to.

  • July 10, 2020

    Trump's Tax Battle To Continue Despite Justices' Ruling

    The U.S. Supreme Court's opinion finding President Donald Trump isn't immune from a New York grand jury subpoena for his tax records affirms the president isn't above the law, but continuing litigation will likely delay their release.

  • July 10, 2020

    SDNY Sets Deadline In Trump Tax Subpoena Case

    A New York federal court Friday gave attorneys for President Donald Trump and Manhattan District Attorney Cyrus Vance Jr. until Wednesday to say whether further proceedings are necessary in the battle over Trump's tax records.

  • July 10, 2020

    Breaking Down The Vote: The High Court Term In Review

    A docket packed with divisive cases. Experiments in remote oral arguments. Defining moments for the court’s new swing justice. Here, Law360 takes a data dive into the numbers behind this historic court term, when the unexpected reigned supreme.

Expert Analysis

  • COVID-19 Offers Force Majeure Lessons For Climate Planning

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    The COVID-19 pandemic and ensuing commercial litigation has resurfaced a discussion around the growing need for tailored force majeure and other contractual provisions specifically addressing climate change risks, which may be chronic, long-term or arguably foreseeable, say attorneys at Kirkland.

  • NY High Court Case Could Upend Litigation Finance Industry

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    A ruling in favor of the defendant in Fast Trak Investment v. Sax, a case recently accepted by the New York Court of Appeals, could enable borrowers to avoid repaying litigation funders by claiming state usury law violations, say attorneys at MoloLamken.

  • Associates Can Prioritize Biz Development Despite Pandemic

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    Although many traditional business development activities are on hold due to the COVID-19 pandemic, associates should seize the unique opportunities of this time to cultivate business by strengthening their personal and professional relationships, and developing new ones, says Jeremy Schneider at Jackson Lewis.

  • Opinion

    Let's Create An Ethical Obligation For Attys To Fight Racism

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    In this moment of national recognition of historical institutional racism, the American Bar Association must implement a model rule that explicitly declares efforts to fight racism and advance equality to be a matter of attorneys' ethics and professional conduct, say Marc Firestone at Philip Morris International and David Douglass at Sheppard Mullin.

  • Corporate Enviro Planning In The Black Lives Matter Era

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    The Black Lives Matter movement is drawing more attention to the disproportionate impacts of environmental incidents and industrial facility siting on minority populations, so companies seeking to mitigate reputational and legal risks should proactively engage communities of color in a transparent, empathetic way, say Simone Jones and Nicole Noelliste at Sidley.

  • Possibilities If Justices Review PTAB Judge Constitutionality

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    Should the U.S. Supreme Court grant certiorari in a series of Federal Circuit cases concerning the constitutionality of Patent Trial and Appeal Board administrative patent judges, its decision could give losing owners the chance to have their ex parte and inter partes cases reheard, say Brent Babcock and Tyler Train at Womble Bond.

  • COVID-19 Will Have Lasting Impact On Construction Contracts

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    Allocating the costs of construction project delays, lost productivity and work stoppages due to COVID-19 could be a long and contentious process, and contract drafting strategies will likely evolve as stakeholders seek to minimize similar impacts in the future, say Debbie Cazan and Mike Shanlever at Alston & Bird.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • Key Elements Of NY Agencies' Renewable Energy Plan: Part 2

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    A proposal from two New York energy agencies that would significantly restructure the state's clean energy market could result in major impacts for load-serving entities and new economic opportunities for disadvantaged communities, says Kevin Blake of Phillips Lytle.

  • Key Elements Of NY Agencies' Renewable Energy Plan: Part 1

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    The framework for decarbonizing the power system set out in a new white paper from two New York energy agencies will require big changes to the state's Clean Energy Standard procurement structure, and could have major consequences for biofuels, hydropower and other energy sectors, says Kevin Blake at Phillips Lytle.

  • RPM Internal Probe Case Brings Privilege Lessons For Attys

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    A little-noticed case working its way through the D.C. federal courts — U.S. Securities and Exchange Commission v. RPM — could limit attorney-client and work-product protections in the context of internal investigations and should serve as a cautionary lesson for counsel sharing information with independent auditors, say Matthew Sloan and Danielle Dankner at Skadden.

  • How COVID-19 Mezzanine Foreclosures May Fare In NY Courts

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    Recent New York state court cases involving mezzanine loan foreclosures offer important guidance with regard to the wave of borrower defaults that is projected to strike as a result of COVID-19 and the requirements for mezzanine lenders conducting foreclosure sales under the Uniform Commercial Code, say attorneys at White and Williams.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • A Guide To Drafting Enforceable Arbitration Clauses

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    In addition to being faster and cheaper than litigation, arbitration may be the only ongoing means of resolving disputes during the pandemic, but these advantages can be lost if the arbitration clause in a contract fails to bind one or more parties to the transaction, say John Shope and Kevin Conroy at Foley Hoag.

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