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Construction
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October 18, 2024
Fed. Circ. Partly Restores Suit Over Utility Line Patent
The Federal Circuit has revived part of a lawsuit that alleged Metrotech Corp. infringed a competitor's patent covering ways for finding underground utility lines, finding that a lower court needs to take another look at key patent terminology.
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October 18, 2024
DC Firms Look To Exit Suit Over $120M Iraq Award
Pierson Ferdinand LLP and another boutique firm have urged the D.C. Circuit to let them withdraw as counsel for Iraq as the country looks to overturn an order allowing a construction firm permission to go after Iraqi assets to satisfy a $120 million judgment, saying the country owes some $25,000 in legal fees and has stopped responding to the firms' inquiries on the litigation.
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October 18, 2024
Feds Win 1st Trial In Sprawling NYC Housing Bribery Case
A former New York City Housing Authority superintendent was convicted of taking bribes to award no-bid contracts, handing federal prosecutors a win in the first trial in a case that saw 70 defendants arrested earlier this year.
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October 18, 2024
Taxation With Representation: Baker, Simpson, Ropes
In this week's Taxation With Representation, Lundbeck inks a $2.6 billion cash deal for Longboard, Silver Lake agrees to buy Zuora for $1.7 billion, and PPG and American Industrial Partners reach a $550 million deal.
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October 17, 2024
Monsanto Again Seeks Pause As Seattle PCB Trial Begins
Monsanto is continuing its appellate bid to put off a chemical poisoning trial already underway in Washington state court as the plaintiffs told a Seattle jury on Thursday the company owes them more than $450 million, in the 10th such trial tied to an Evergreen State school.
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October 17, 2024
Engineer Wood PLC Faces Contempt Bid Amid Pipeline Spat
A contractor facing claims that it mismanaged the construction of a $22 million Colonial Pipeline Co. fuel terminal in Georgia asked a federal judge Thursday to hold multinational engineering firm John L. Wood PLC in contempt of court for playing "word games" with a recent subpoena.
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October 17, 2024
Infrastructure Co. Owes $2.4M In Arb. Fees In Solar Plant Fight
A federal judge has upheld an award of $2.4 million in fees to a Spanish construction firm in its dispute with an infrastructure company over a failed energy project in the Nevada desert, ruling an arbitration tribunal did not ignore the law in the breach of contract action.
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October 17, 2024
Brothers Get Prison For Ga. Concrete Bid-Rigging Scheme
A Georgia federal judge on Thursday sentenced brothers Gregory Hall Melton and John David Melton to serve time in prison for their roles in a scheme to fix prices and rig bids for the ready-mix concrete market in the greater Savannah area.
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October 17, 2024
6th Circ. Can't Ax Captive Audience Memo, NLRB Atty Says
A Michigan federal judge properly tossed a challenge to a memo that outlined why National Labor Relations Board general counsel Jennifer Abruzzo thinks so-called captive audience meetings are illegal, Abruzzo told the Sixth Circuit, saying the memo isn't the kind of agency action that's reviewable in federal courts.
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October 17, 2024
Hogan Lovells, Ropes & Gray Lead $550M Coatings Biz Sale
Paint and coatings company PPG, advised by Hogan Lovells, has agreed to sell its architectural coatings business in the U.S. and Canada to Ropes & Gray LLP-led investor American Industrial Partners for $550 million, according to a Thursday statement from PPG.
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October 17, 2024
Industrial Pipe Co. Hits Rival, Ex-Exec With Trade Secrets Suit
Industrial pipe manufacturer Atkore International Inc. took one of its former senior-level executives and the rival company he went to work for to North Carolina state court, alleging the former employee sabotaged operations on his way out the door and took valuable trade secrets with him.
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October 16, 2024
Feds, Md. Tell 4th Circ. Beltway Lane Expansion Is Fully Vetted
Federal and Maryland state transportation officials have told the Fourth Circuit that they thoroughly vetted air pollution, traffic congestion and other environmental concerns before approving an estimated $4 billion highway expansion project outside Washington, D.C., arguing that environmental groups have no grounds to sue to block the project.
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October 16, 2024
11th Circ. Won't Nix OK Of Guatemalan Power Plant Award
The Eleventh Circuit refused Wednesday to vacate an arbitral award issued following a dispute over an ill-fated Guatemalan power plant construction project, rejecting arguments that the tribunal improperly turned a blind eye to alleged corruption underlying the project.
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October 16, 2024
Amec Unit Wants 'Vexatious' Biofuel Plant Suit Tossed
Energy construction giant Amec Foster Wheeler and one of its units called on a Georgia federal judge to throw out a lawsuit alleging it misled a Peach State power company about the quality of work on two biofuel plants, arguing the company's complaint violates the claim-splitting doctrine and lacks sufficient factual allegations.
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October 16, 2024
Monsanto's Appellate Bid To Stop Seattle PCB Trial Flops
A Washington appellate commissioner won't overrule a lower court's decision to forge ahead with a pending Monsanto PCB poisoning trial, rejecting the company's request to pause until the state Supreme Court decides a similar case, concluding that she would be improperly "substituting" her judgment for the trial court's by pausing the case.
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October 16, 2024
Calif. Community Flood Insurance Project Secures New Funds
California's water regulation authority will support a novel flood insurance program aimed at providing a tiny Central Valley town with coverage in the event of a major flood event, the state's insurance commissioner said Wednesday.
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October 16, 2024
Clark Hill Adds Pair Of Taylor English Attys In Southeast
International law firm Clark Hill PLC has grown its Southeast presence with two former Taylor English Duma LLP attorneys in Atlanta and Florida, including Taylor English's former Mid- and North Florida Market managing partner.
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October 16, 2024
Construction Co., Gov't Drop $4M Retention Credit Suit
A former construction business' suit against the Internal Revenue Service seeking nearly $4 million in employee retention credit refunds was dismissed by a Florida federal judge Wednesday after the company and the federal government agreed to drop the case.
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October 15, 2024
Tribes, Backers Urge Justices To Take On Oak Flat Dispute
Tribes, religious groups and scholars are backing a bid in the U.S. Supreme Court to overturn a Ninth Circuit ruling allowing part of the Tonto National Forest that is sacred to the Western Apache to be destroyed for a copper mine proposed by a Rio Tinto and BHP venture.
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October 15, 2024
Standing Rock Sioux Ask Court To Shut Down Dakota Pipeline
The Standing Rock Sioux Tribe is asking a federal court to block a Texas-based energy company from continuing to operate the Dakota Access Pipeline, arguing its latest emergency response plan fails to include a realistic calculation of a worst-case scenario liquid discharge.
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October 15, 2024
Texas Regulators Oppose Bid To Open Up Texas Grid Projects
The Public Utility Commission of Texas and three electricity companies have fired back at an independent electric transmission developer's attempt to halt a Texas law reserving new power line development for incumbent transmission companies.
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October 15, 2024
No New Trial For Bid-Rigging, Price-Fixing Concrete Bros.
A Georgia federal judge refused Tuesday to grant a new trial to a pair of brothers convicted in July for their role in a scheme fixing prices, rigging bids and carving up the coastal Georgia ready-mix concrete market, finding no jury confusion in witness testimony about antitrust compliance training.
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October 15, 2024
Judge Rejects Firm's 'Support' Framing In Racetrack Flaw Suit
A Florida state judge on Tuesday denied an attempt by a British racetrack consultant to define its role as merely providing "support" to the construction of a track that failed during the Formula 1 Miami Grand Prix race in 2022.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
Expert Analysis
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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Understanding 2 Types Of Construction Payment Clauses
Given the recent trend of states prohibiting pay-if-paid clauses in construction clauses in favor of fortifying contractor protections with pay-when-paid clauses, parties involved in construction projects should take care to understand the nuances between the two clauses, say Jeffery Mullen and Josephine Bahn at Cozen O'Connor.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Nuclear Power Can Help Industrial Plants Get To Net-Zero
In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Bid Protest Spotlight: Misplaced Info, Trade-Offs, Proteges
James Tucker at MoFo examines three recent decisions concerning the consequences of providing solicited information in the wrong section of a bid proposal, the limits of agency discretion in technical merit, best-value trade-off evaluations, and the weight of the experience and capabilities of small businesses in mentor-protégé joint venture qualification.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Series
After Chevron: NRC Is Shielded From Loper Bright's Effects
While the U.S. Supreme Court's recent Loper Bright v. Relentless decision brought an end to Chevron deference, Congress' unique delegation of discretionary authority to the Nuclear Regulatory Commission will likely insulate it from the additional judicial scrutiny that other federal agencies will face, say Ryan Lighty and Scott Clausen at Morgan Lewis.