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Construction
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December 11, 2024
Suit Says Plastic Bag Maker Owes $3M For Property Damage
An Illinois property owner said Bio Star Films, a maker of plastic shopping bags, must pay over $3 million for repairs to five industrial buildings it leased in Chicago for recycling and plastic manufacturing, according to a lawsuit filed in state court.
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December 11, 2024
Metal Recycler Accused Of Polluting Connecticut Streams
Global industrial recycling firm Sims Metal was hit with a Clean Water Act lawsuit by an environmental watchdog group claiming the company lets stormwater and snow runoff drag metal particles and other pollutants into streams that enter Long Island Sound in greater New Haven, Connecticut.
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December 10, 2024
GAO Backs Army's Rejection Of Iraqi Contractor's Proposals
The U.S. Government Accountability Office backed the U.S. Army Corps of Engineers' rejection of an Iraqi construction contractor's proposals for a design-build contract, saying the Corps reasonably deemed the contractor "non-responsible" for being ineligible to access an Air Force base.
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December 10, 2024
Ohio Justices Undo Paint-Maker's Lead Paint Coverage Win
Insurers for Sherwin-Williams Co. don't have to cover the paint-maker's portion of a $305 million settlement to abate lead paint in California homes, the Ohio Supreme Court ruled Tuesday, finding the payment does not qualify as damages under its commercial general liability policies.
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December 10, 2024
Wash. HOA Can't Get Early Win Bid In Water Damage Row
A homeowners association for a Seattle-area condominium complex can't yet prevail on its bad faith claims against its insurer over coverage for extensive water damage, a Washington federal court ruled, finding a material factual dispute over whether the association filed its coverage action within its policy's two-year suit-filing deadline.
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December 10, 2024
Biz Owner In $2.8M Worker Tax Scheme Gets 18 Months
A construction company owner who failed to pay $2.8 million in employment taxes by falsely claiming his workers were subcontractors was sentenced to 18 months in prison Tuesday and ordered to pay full restitution, according to Massachusetts federal court documents.
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December 10, 2024
Staffing Co., EEOC Ink $300K Deal In Hiring Bias Suit
A construction staffing company in Minnesota will pay $300,000 to end a U.S. Equal Employment Opportunity Commission suit alleging it wouldn't find work for women, Black people or older people and prompted a worker who complained about it to resign, according to a federal court filing Tuesday.
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December 09, 2024
High Court Again Weighs Reach Of Federal Fraud Statutes
The U.S. Supreme Court on Monday grappled with the question of whether using deceptive means to induce a business transaction with no contemplation of causing economic loss constitutes mail or wire fraud, the latest challenge in a line of cases that seeks to narrow the reach of federal fraud statutes.
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December 09, 2024
Insurer Asks 7th Circ. To Review Faulty Work Coverage Ruling
An insurer urged the Seventh Circuit on Monday to review a ruling requiring it to defend an architectural design firm and its owner against faulty work claims seeking more than $3.4 million in damages, saying the ruling is contrary to an Illinois Supreme Court decision involving the same issues.
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December 09, 2024
NJ Says Sherwin-Williams' Bid To Stay Pollution Suit Too Late
New Jersey has pushed back against a bid from Sherwin-Williams to pause a suit from Garden State regulators over the contamination at one of its former plants, arguing that the stay request should have been filed months ago.
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December 09, 2024
Judge Axes $33M Suit Challenging Feds' Wildfire Response
An Oregon federal judge has dismissed a suit by two lumber companies claiming that the U.S. Forest Service failed to properly fight a wildfire in the Willamette National Forest, holding that the agency's decisions are shielded under the Federal Tort Claims Act.
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December 09, 2024
Apollo, Santander Invest In $370M Infrastructure Portfolio
Private equity giant Apollo and commercial bank Santander on Monday unveiled plans to partner to invest in a $370 million portfolio of infrastructure credit.
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December 07, 2024
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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December 06, 2024
Fed. Circ. Dissects Role of Corrected IP In Construction PGR
A Federal Circuit panel on Friday worked through whether the Patent Trial and Appeal Board had blocked a patent challenger from raising concerns about the validity of claims corrected during a post-grant review, and whether the corrected claims could be addressed in district court.
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December 06, 2024
Wash. City Says Tribe's ER Shelter Sidesteps Safety Concerns
The city of Toppenish has told a Washington federal judge that the Yakama Nation has no right to use a local property within reservation boundaries to operate a 24-hour emergency cold weather shelter, arguing that building health and safety issues can't be sidestepped.
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December 06, 2024
Ex-Conn. Official Seeks To Delay Trial Over Other Legal Case
Former Connecticut state budget official Konstantinos Diamantis asked a federal judge Friday to delay his upcoming corruption trial, because his preparation was derailed by the recent death of his mother and he and his counsel were forced to divide their attention with "another legal matter."
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December 06, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates more than 80 times in November as they sought to sway the FCC on new rules for hyper-local FM broadcasts, making it easier to attach broadband gear to utility poles, revamping the 6 gigahertz band and more.
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December 06, 2024
Real Estate Recap: Valley National, Office Insights, Proptech
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Valley National Bank's $925 million loan portfolio sale, takeaways from office sector activity in 2024, and one BigLaw firm's strategic bet on proptech.
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December 06, 2024
NYC Council OKs Mayor's Affordable Housing Plan
The New York City Council passed a package of zoning reforms designed to spur housing production, greenlighting Mayor Eric Adams' City of Yes for Housing Opportunity plan after the city and state agreed to earmark $5 billion in funding to accompany the zoning overhaul.
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December 06, 2024
Insurer Escapes Defending Developer's Ga. Tree Removal
A Georgia federal judge freed an insurer Friday from defending developers blamed for wrongfully cutting down 120 feet of trees on a property line shared with a children's summer camp, finding the act was intentional.
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December 06, 2024
Biz Owner In $2.8M Worker Tax Scheme Asks To Avoid Prison
A construction company owner who admitted skirting $2.8 million in employment taxes by claiming that his workers were subcontractors, including one who fell to his death on a job, asked a Massachusetts federal court Friday for a sentence of home confinement rather than prison.
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December 06, 2024
Offit Kurman Adds Lanak & Hanna Environmental Atty In LA
Offit Kurman Attorneys At Law continues expanding its two-year-old Los Angeles office, announcing Thursday it is bringing in a Lanak & Hanna PC construction, environmental and real estate litigator as a principal.
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December 05, 2024
3rd Circ. Unsure Pa. Regulator Had Right To Deny Project
Third Circuit judges appeared wary on Thursday of the Pennsylvania Public Utility Commission's argument that its take on the necessity of a transmission project trumps a federal agency's determination, at one point questioning how any such project could be completed if the court accepted its argument.
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December 05, 2024
Judge Backs Army Corps' Denial Of Bidder On $5M Project
A federal claims court judge on Wednesday affirmed the government's decision to reject an Illinois company's bid for a $5 million island habitat restoration, saying its ratings for past work and difficulties with an ongoing project were both fairly considered.
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December 05, 2024
Insurer Says Fake Adjuster Cost It $800K
An insurer told a Puerto Rico federal court that a lying and unlicensed adjuster and his company illegally stepped into a dispute with its insured, costing the carrier at least $800,000 while trying to compensate the territory's highway and transportation system for hurricane damages.
Expert Analysis
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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.
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Shipping Containers As Building Elements Require Diligence
With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.