Construction

  • November 07, 2024

    Judge Forecloses Landslide Work Payback For Developers

    The developers behind a Pennsylvania housing plan damaged by a landslide told a federal bankruptcy court that they were withdrawing their request to seek reimbursement from a fund set aside by the Pennsylvania Department of Environmental Protection, but the court also closed the door on any future requests Thursday.

  • November 06, 2024

    Feds Say No Grounds To Amend Suit In Contract Ratings Row

    A Texas company suing the U.S. government over its performance ratings for work on a $789 million border fence contract and seeking to potentially amend its complaint missed the proper windows to do so and could not fix the suit's defects anyway, the government told a Court of Federal Claims judge.

  • November 06, 2024

    Contractor Seeks Redo In Guatemala Power Plant Award Fight

    A contractor on an ill-fated Guatemalan power plant construction project urged the Eleventh Circuit on Wednesday to reconsider its decision refusing to vacate an arbitral award favoring the plant's owner, saying the panel failed to properly consider "clear evidence" of corruption tarnishing the underlying contract.

  • November 06, 2024

    Browns Won't Stop Ohio From Joining Stadium Dispute

    The Cleveland Browns told an Ohio federal court that it has no problem with the state joining the City of Cleveland in facing down the NFL team's suit, which claims that a state law unconstitutionally impedes the team's plan to move to a new stadium.

  • November 06, 2024

    Ga. Contractor Says Company Used His Licenses For Permits

    A Georgia contractor and his companies hit a Buford-based contracting company and four individuals with a lawsuit alleging that they used his trade name and licenses to get permits for projects in the Atlanta area without his knowledge or consent.

  • November 06, 2024

    Ex-GE Exec Called 'Innocent Victim' In $1.1B Forgery Trial

    Counsel for a former GE Power executive accused of taking a $5 million kickback after forging documents to close a $1.1 billion gas turbine deal in Angola suggested to a Manhattan federal jury Wednesday that others were behind the fraud.

  • November 06, 2024

    Gordon Rees Unveils Silicon Valley Office, Its 11th In Calif.

    Gordon Rees Scully Mansukhani LLP has opened its newest California office in Palo Alto, in an effort to strengthen the firm's presence in Silicon Valley by providing a "collaboration hub" for attorneys there and a new access point for local clients to connect with the firm's national platform.

  • November 06, 2024

    Ariz. Judge Blocks Lithium Exploration Drilling Project

    An Arizona federal judge blocked a third phase of a Sandy Valley lithium exploration project Tuesday, ruling that the Bureau of Land Management likely fell short of its duties to weigh potential impacts to a hot spring known as Ha'Kamwe' that is sacred to the Hualapai Indian Tribe.

  • November 06, 2024

    Mining Developer Wants In On Nevada Lithium Project Row

    The owner and developer behind the Rhyolite Ridge Lithium-Boron Mine asked a Nevada federal judge to let it intervene in a challenge brought by environmental and tribal groups seeking to upend the U.S. Department of the Interior's authorization of the mine project.

  • November 06, 2024

    Calif. Voters Won't Rethink City Borrowing Tool For Housing

    California voters on Tuesday rejected Proposition 5, a ballot initiative that would have amended the state's constitution to make it easier for municipalities to borrow the money needed to fund affordable housing and infrastructure work.

  • November 05, 2024

    Trump Win Puts Emissions Regs On Chopping Block

    Projected president-elect Donald Trump is expected to roll back Biden administration rules and initiatives meant to slash transportation-sector emissions and encourage the adoption of electric vehicles likely focusing on what experts say would be more "traditional" infrastructure investment in highways, roads and bridges.

  • November 05, 2024

    Trump Has Official Immunity. What About His Aides?

    Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.

  • November 05, 2024

    How Trump Can Quash His Criminal Cases

    Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.

  • November 05, 2024

    An Early Look At Trump's Supreme Court Shortlist

    With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.

  • November 05, 2024

    GOP's Senate Win Hands Future Of The Judiciary To Trump

    Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees. 

  • November 05, 2024

    The Firms With An Inside Track To A New Trump Admin

    Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.

  • November 05, 2024

    Feds Push For Win In Tongass National Forest Road Rule Row

    The U.S. government is asking an Alaska federal judge to affirm its decision to reinstate roadless area protections for millions of acres of the Tongass National Forest, arguing its authority to enact such rules to balance uses is spelled out in statute and has long been recognized by courts.

  • November 05, 2024

    LA City Hall RICO Corruption Witness Gets Home Confinement

    A California federal judge showed leniency Tuesday toward a cooperating government witness in the corruption probe of Los Angeles City Hall and sentenced the former real estate consultant to 12 months of home confinement on a racketeering charge, saying a joint recommendation of the more restrictive home detention is too harsh.

  • November 05, 2024

    Texas Rebar Giant CMC Hit With $110M Antitrust Verdict

    A California federal jury hit Commercial Metals Co. with a $110 million antitrust verdict on Tuesday, finding the Texas rebar giant liable for multiple antitrust violations and awarding Pacific Steel Group millions of dollars in lost profits and other damages.

  • November 05, 2024

    Insurer Drops Ice Rink Suit Against Maintenance Co.

    An insurer and an ice rink maintenance company have stipulated to the dismissal of the insurer's suit alleging that the maintenance company negligently installed a heat exchanger for an Ann Arbor, Michigan, ice rink.  

  • November 05, 2024

    Holland & Knight Gains Latham Project Finance Atty In DC

    Holland & Knight LLP has hired a former Latham & Watkins LLP attorney, who has joined the firm as a partner in Washington, D.C., to represent equity investors, developers, lenders and other clients in a range of project finance matters, the firm announced Tuesday.

  • November 05, 2024

    Georgia Man To Appeal Concrete Bid-Rigging Conviction

    A Georgia man who, alongside his brother, was found guilty this summer of involvement in a scheme that fixed prices and rigged bids for tens of millions of dollars of ready-mix concrete contracts said Monday that he plans to appeal his conviction to the Eleventh Circuit.

  • November 05, 2024

    On The Ground: How Attorneys Safeguarded The Election

    Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.

  • November 04, 2024

    'Don't Cut Corners, Counsel,' Judge In $110M Trial Warns

    A California federal judge delayed rebuttal arguments in Pacific Steel Group's $110 million antitrust trial against rebar giant Commercial Metals Co. Monday after PSG complained that CMC's closings misled jurors about the standard for harm, saying the issue threw "a complete wrench" into the trial and warning CMC, "Don't cut corners, counsel."

  • November 04, 2024

    Monsanto Can't Keep Expert PCB Estimates From Seattle Jury

    A Washington state judge has slapped down Monsanto's bid to stop a plaintiffs' expert from sharing chemical exposure opinions with jurors in a Seattle PCB poisoning tort, saying on Monday that the company's stance that the testimony is "junk science" relies on an outdated record in a related Court of Appeals case.

Expert Analysis

  • Despite Calif. Delays, Climate Disclosure Rules Are Coming

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    Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Differences In Enforcing Oral Settlements In NJ And Pa.

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    New Jersey mediations should incorporate new best practices for settlement agreements after a recent state appellate court ruling eliminated the enforceability of oral-only settlements, setting New Jersey at odds with Pennsylvania’s established willingness to enforce unwritten agreements that were clearly intended to be binding, say Thomas Wilkinson and Thomas DePaola at Cozen O'Connor.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • A Checklist For Lenders Preparing For CRE Loan Defaults

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    Considering the recent interest rate environment, lenders should brush up on the proper steps that they should take when preparing to respond to a borrower's default on a commercial real estate loan, and borrowers should understand what lenders will be reviewing, says attorney Norma Williams.

  • 7th Circ Joins Trend Of No CGL Coverage For Structural Flaws

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    The Seventh Circuit, which recently held potential structural instability did not count as property damage under a construction company's commercial general liability policy, joins a growing consensus that faulty work does not implicate coverage without tangible and present damage to the project, say Sarah Abrams at Baleen Specialty, and Elan Kandel and James Talbert at Bailey Cavalieri.

  • Criminal Enforcement Considerations For Gov't Contractors

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    Government contractors increasingly exposed to criminal liability risks should establish programs that enable detection and remediation of employee misconduct, consider voluntary disclosure, and be aware of the potentially disastrous consequences of failing to make a mandatory disclosure where the government concludes it was required, say attorneys at Crowell & Moring.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • FERC Rule Is A Big Step Forward For Transmission Planning

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    The Federal Energy Regulatory Commission's recent electric transmission system overhaul marks significant progress to ensure the grid can deliver electricity at reasonable prices, with a 20-year planning requirement and other criteria going further than prior attempted reforms, say Tom Millar and Gwendolyn Hicks at Winston & Strawn.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • What Fla. Ruling Means For Insurer Managed Repair Programs

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    A recent Florida state court ruling in Fraga v. Citizens Property Insurance, holding that the insurer could not seek to add additional terms in its managed repair program consent form, should promote clear written contract terms that clarify the relationship between insurers, policyholders and contractors, says Chip Merlin at Merlin Law Group.

  • Expect The Unexpected: Contracts For Underground Projects

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    Recent challenges encountered by the Mountain Valley Pipeline project underscore the importance of drafting contracts for underground construction to account for unexpected site conditions, associated risks and compliance with applicable laws, say Jill Jaffe and Brenda Lin at Nossaman.

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