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Construction
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January 10, 2025
DeSantis Vows More Money, Control Over Everglades Projects
Florida Republican Gov. Ron DeSantis pledged to recommend $805 million of the state budget for continuing efforts in Everglades restoration and promised to take more control over water management, saying he hopes to work with the incoming Trump administration to expedite projects in order to reduce time and taxpayer expense.
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January 10, 2025
Real Estate Recap: REIT Activism, Enviro Policy, Power Woes
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one attorney's expectations for shareholder activism at real estate investment trusts in 2025, the environmental policies that are top of mind for attorneys going into the new year, and the impact power constraints may have on data center gains.
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January 10, 2025
Loggers, Landowners Ask 9th Circ. To Revive Antitrust Suit
A group of loggers and landowners have asked the Ninth Circuit to revive their case accusing Iron Triangle LLC of monopolizing logging and related services in part of the Pacific Northwest after a lower court's dismissal.
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January 10, 2025
Webuild Says $54M Argentina Award Must Be Enforced
Webuild wants a D.C. federal court to enforce a more than $54 million arbitral award it won more than a decade ago in a dispute with Argentina over a water and sewage service concession, saying the court has already rejected the country's one available defense.
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January 10, 2025
Kiewit's Seattle Marine Yard Runoff Violates CWA, Suit Says
Kiewit Corp. is the target of a citizen Clean Water Act suit accusing the construction company of violating environmental permits by failing to prevent polluted stormwater from its Seattle marine yard from running into a river and bay.
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January 10, 2025
Construction Exec Cops To Unlawfully Funding NYC Mayor
A Turkish-born construction executive with ties to Eric Adams told a Manhattan federal judge Friday that he funneled unlawful donations to the New York City mayor's campaign, as prosecutors secured a guilty plea in their high-profile political corruption investigation.
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January 09, 2025
Fla. Condos Tied To Sanctioned Russians Transferred To Feds
The U.S. government has taken ownership of two Florida luxury condominiums allegedly tied to Russians sanctioned for their roles in the annexation of the Ukrainian region of Crimea in 2014 and for their involvement in the properties being used to launder rental proceeds.
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January 09, 2025
EV Co. Says Liberty Mutual Owes $25M In Construction Clash
Vietnamese electric car company VinFast accused Liberty Mutual Insurance Co. in North Carolina federal court of wrongfully refusing to pay more than $25 million for a $40 million deposit bond related to the construction of a manufacturing plant in the state.
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January 09, 2025
Wash. Justices Won't Review $160M Seattle Property Tax Win
Seattle can keep $160 million in property taxes for waterfront improvements, after Washington's Supreme Court declined to review a lower appellate court's ruling rejecting property owners' bid to recalculate the tax to reflect the hit property values had taken from COVID-19.
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January 09, 2025
Texas Oil Well Operator's Ch. 11 Plan Approved With Releases
Oil well operator Independence Contract Drilling received approval Thursday from a Texas bankruptcy judge for its Chapter 11 reorganization plan, which includes consensual third-party releases.
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January 09, 2025
Asphalt Exec Latest To Plead Guilty In Bid-Rigging Scheme
A metro Detroit asphalt executive pled guilty Wednesday for his role in a conspiracy to rig bids for paving jobs in Michigan, the latest plea in the government's sprawling investigation into multiple companies and their leaders for a scheme that resulted in millions of dollars' worth of rigged contracts.
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January 09, 2025
Ex-Steel Co. Worker Who Won $3 Wants Age Bias Redo
A fired steel company human resources worker who was awarded $3 for his age discrimination claims told a Michigan federal judge Wednesday he should get a new trial on damages because evidence presented to jurors shows he is owed far more in lost pay.
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January 09, 2025
Feds Award Millions To Tribes For Safe Water, Homes, Climate
With a week left in its term, the Biden administration has doled out millions to states and tribal communities throughout the country to boost efforts toward more reliable water sources, to take on housing health and safety hazards and to continue the ongoing battle against climate change.
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January 09, 2025
Wind Power Substation Is Quiet Enough, Mass. Justices Say
Massachusetts' top court on Thursday gave the green light for an electric substation connected to an 800-megawatt wind turbine generation facility in federal waters south of Martha's Vineyard, rejecting a resident's argument that the new facility would be too noisy.
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January 09, 2025
Kraft Heinz Set For March Trial Over Food Factory Overhaul
Kraft Heinz Foods Co. and the Ohio contractor that accused it of failing to pay $7.6 million for the work and materials that went into overhauling a factory the company has near the Sandusky River are scheduled for a March 25 bench trial, according to a Wednesday order.
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January 08, 2025
Insurer Can't Duck Covering Wash. Developer In Flooding Suit
An insurer can't yet escape providing coverage for a property developer accused of worsening flooding issues for several homeowners by clear-cutting trees without a proper drainage plan, a Washington federal court ruled, saying the policy could conceivably cover the injuries alleged in the underlying suit.
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January 08, 2025
Farm Owner Can't Claim $6.5M For Border Wall, 5th Circ. Told
The federal government argued Wednesday that a Texas woman isn't owed millions of dollars in compensation for a section of the state's border wall built on her land, telling the Fifth Circuit that a principle giving landowners rights to property improvements can't be equitably applied to the federal government.
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January 08, 2025
Fed. Circ. Wrestles With China Tariff Authority Limits
Attorneys for both importers and the government faced pointed questions from a Federal Circuit panel Wednesday, as the judges tried to understand the limits of U.S. tariff authority and whether a huge chunk of Trump-era levies on Chinese goods went too far.
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January 08, 2025
Divisive Mass. Housing Law Can Stand With Administrative Fix
Massachusetts' top appellate court on Wednesday upheld a controversial law requiring towns in Greater Boston to add housing density near mass transit facilities, but found that the state must take additional procedural steps before the law can go into effect.
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January 07, 2025
Fed. Circ. Clarifies Role Of Corrected IP In Construction PGR
The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board decision upholding several claims in a Columbia Insurance Co. construction hanger patent, clarifying that the board's finding only applies to the original version of the claims.
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January 07, 2025
Property Owner Says Insurer Owes $16.2M For Fire Damage
A Colorado property owner is seeking to recover $16.2 million from its insurer for property damage caused by the 2021 Marshall Fire, telling a federal court the carrier wrongly concluded the properties did not sustain direct physical damage in order to justify replacement costs.
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January 07, 2025
Developer Says Mass. Stalling $15M Brownfields Tax Credit
The developer of a 3.5-acre luxury condo and apartment complex in Boston's Seaport District is accusing the state of improperly second-guessing the work of its licensed environmental remediation consultant to deny a $15.3 million brownfields tax credit, then dragging its feet on an administrative appeal.
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January 07, 2025
DC Circ. OKs FERC's Approval For Indiana Pipeline
A D.C. Circuit panel on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a 24-mile pipeline serving two new natural gas turbines in Indiana, ruling that an advocacy group wrongly suggested FERC could "second-guess" state regulators' choice of energy generation.
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January 07, 2025
No Problem With $217M Dam Repair Tax, Mich. Panel Says
A Michigan appellate panel on Monday said a $217 million special assessment levied on property owners for dam repairs and lake level restoration after devastating 2020 floods was established through a legally sound process, ruling the owners were never entitled to have a pseudo-judicial review of the tax.
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January 07, 2025
GAO Calls Navy's Construction Deal Conditions 'Reasonable'
The U.S. Government Accountability Office rejected an Indiana-based contractor's challenge of the U.S. Navy's requirement to register with the Spanish Ministry of Finance to be considered for a Spain-based explosive ordnance disposal facility contract, calling the extra step "reasonable."
Expert Analysis
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Adapting Force Majeure To A Predictably Unpredictable World
As the climate and political landscapes get more complicated, force majeure provisions will likely be triggered increasingly often, demanding an evolving understanding of when events and their impacts are truly unforeseeable, say attorneys at Nossaman.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Trump's Tariff Promises May Play Out In 2nd Term
While it is unclear which of President-elect Donald Trump's promised tariffs he intends to actually implement in January, lessons from his first administration, laws governing executive action and U.S. trade agreements together paint a picture of what may be possible, say attorneys at Butzel.