Construction

  • August 07, 2024

    NC Biz Court Bulletin: The Battles Making Summer Sizzle

    A 1983 championship basketball team's intellectual property rights and a public feud between Cadwalader Wickersham & Taft LLP and its insurer are among the legal battles that have kept North Carolina Business Court judges and Tar Heel state private practice attorneys busy this summer. In case you missed those and others, here are the highlights.

  • August 07, 2024

    Blackstone Buys Majority Stake In Renewable-Focused Firm

    Blackstone Inc.-backed private equity funds have agreed to acquire a majority stake in renewable-energy focused engineering firm Westwood Professional Services Inc., under guidance from Kirkland & Ellis LLP and Gibson Dunn & Crutcher LLP, marking Blackstone's latest bid to support energy transition, according to a Wednesday announcement. 

  • August 07, 2024

    11th Circ. Affirms Unapportioned Wood-Theft Settlement

    The Eleventh Circuit has unanimously upheld a Georgia federal court ruling forcing an insurer to cover a $557,000 settlement for shoddy work and wood theft during a deconstruction project by its policyholder, despite objections from the insurer that the amount was not apportioned between covered and noncovered losses.

  • August 07, 2024

    Gordon Rees Adds Insurance Partner In Orange County Office

    Gordon Rees Scully Mansukhani LLP is boosting its insurance team, announcing Wednesday it is bringing on an insurance and liability expert as a partner in its Orange County office in Irvine, California.

  • August 07, 2024

    FERC Defends Rejection Of Grid Operator's Project Cost Plan

    The Federal Energy Regulatory Commission is asking the D.C. Circuit to deny two electricity cooperatives' petitions challenging its decision to reject a Southwest Power Pool plan to regionally allocate the costs of some transmission projects within the grid operator's 14-state footprint.

  • August 07, 2024

    Rising Star: Troutman Pepper's Alana T. Sliwinski

    Alana Sliwinski of Troutman Pepper Hamilton Sanders LLP has guided multiple high-profile and climate-focused public-private partnerships in her career, most recently playing a pivotal role in the $7 billion construction of Terminals 1, 2 and 3 at the John F. Kennedy International Airport, earning her a spot among the construction law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 06, 2024

    Feds Say Bid-Rigging Bros. Aren't Owed New Trial

    Federal prosecutors moved Monday to block two brothers' bids for a new trial after they were convicted last month of involvement in a coastal Georgia concrete bid-rigging and price-fixing scheme, telling a judge a few offhand remarks from witnesses can't topple the mountain of evidence behind the guilty verdict.

  • August 06, 2024

    Amazon Contractor Can't Escape Worker's Welding Injury Suit

    A Texas federal judge ruled Tuesday that a construction company hired by Amazon must face a trial over a worker's blindness from a welding torch light flash, saying there is a factual dispute regarding whether the company had control over all workers on site the day of the incident.

  • August 06, 2024

    Wind Tower Co. Asks Full Fed. Circ. To Revisit Subsidy Duties

    A Federal Circuit panel wrongly concluded that a 10% depreciation rate for deducting costs related to manufacturing facilities set by Canadian law was an unfair trade subsidy that justified countervailing trade duties, a wind tower manufacturer told the court in seeking a rehearing.

  • August 06, 2024

    NJ Justices Remove 'Routine' Barrier To Compressor Hub

    The New Jersey state appeals court misinterpreted the word "routine" in a decision that paused a plan for a natural gas compressor station in the Highlands Preservation Area, the state Supreme Court ruled Tuesday.

  • August 06, 2024

    Ariz. Tribe Seeks To Block Lithium Exploration Project

    An Arizona tribe is asking a federal district court to block the approval of a lithium exploration project that it says threatens the life of a sacred medical spring used for cultural and religious purposes, arguing the Bureau of Land Management failed to consider its actions on the historic property.

  • August 06, 2024

    DC Circ. Axes FERC Reauthorizations For Texas LNG Projects

    The D.C. Circuit on Tuesday vacated reauthorization orders that the Federal Energy Regulatory Commission issued for liquefied natural gas projects on the Texas Gulf Coast over environmental analysis deficiencies.

  • August 06, 2024

    Home Depot Hired Cops To Target Migrants, Suit Says

    A union representing Latino workers sued the city of Chicago and Home Depot in Illinois federal court Tuesday, alleging that city police officers moonlighting as store security subjected migrants seeking day labor work near the home improvement store to excessive force and racist insults in violation of their civil rights.

  • August 06, 2024

    Blank Rome Adds Closed Insurance Boutique's Managing Atty

    Blank Rome LLP has brought on an insurance partner from now-shuttered boutique Pasich LLP to join its insurance recovery group, the firm announced Monday. 

  • August 06, 2024

    Lowe's Must Face Retail Logistics Co.'s Software IP Suit

    Lowe's Home Centers LLC lost its bid to dismiss a retail logistics company's claims it ripped off a merchandise return management software and breached its contract with that software's manufacturer, with a North Carolina federal judge declining to fully toss any of the claims but flagging that some contradicted each other.

  • August 07, 2024

    Simpson Thacher Pilots Stonepeak's $3B Opportunities Fund

    Private equity firm Stonepeak, advised by Simpson Thacher & Bartlett LLP, raised $3.15 billion for a fund dedicated to opportunistic investing in the infrastructure sector, beating the fund's target by over $600 million, according to an Aug. 6 announcement.

  • August 05, 2024

    Monsanto PCB Appeals Win Has Shallow Impact, Families Say

    A group of families suing Monsanto alleging they were poisoned by chemicals at a Washington school has told a trial judge their case can't be limited by the state's 12-year statute of repose for product liability claims, even though an appellate court did just that in a related case.

  • August 05, 2024

    5th NYC Housing Worker Gets Prison In Anti-Corruption Bust

    A Manhattan federal judge hit a retired public housing worker with 20 months in prison on Monday for taking over $83,000 of bribes, showing that prison is the most likely outcome for those convicted of felonies in the anti-bribery sweep.

  • August 05, 2024

    Transportation Policies To Watch: Midyear 2024 Review

    Rail and aviation safety reforms following recent incidents, stricter vehicle emission standards guiding automakers' gradual pivot to electrification, and the integration of new automation and drone technology are some of the transportation industry's top regulatory priorities to watch in the second half of 2024.

  • August 05, 2024

    Andrews Myers Construction Atty Joins Cozen O'Connor

    Cozen O'Connor has hired a construction litigator in California who has more than 14 years of experience representing clients in matters involving infrastructure, industrial and other construction projects, the firm announced Monday.

  • August 02, 2024

    Hawaii Inks $4B Maui Wildfires Deal Ahead Of Anniversary

    The state of Hawaii, Charter Communications and the state's largest utility have agreed to shell out $4 billion to resolve hundreds of lawsuits lodged after a deadly wildfire broke out in Maui nearly a year ago, Hawaii Gov. Josh Green announced on Friday.

  • August 02, 2024

    Iowa, ND Move For Win In NEPA Rule Fight

    States led by Iowa and North Dakota are asking a federal judge to scrap a Council on Environmental Quality rule they say threatens to turn the National Environmental Policy Act into an "action-forcing" process to advance the Biden administration's climate and environmental justice goals.

  • August 02, 2024

    Panel Says Co. Forfeited $12.7M Claim Over Rail Project

    A Colorado Court of Appeals panel has found that a construction company overstated how much it was owed from a public project to build a new Denver rail line and can't seek any remedy for that $12.7 million claim, according to an opinion that applied provisions of a public works law for the first time.

  • August 02, 2024

    Commerce Rejects Vietnam's Bid For Market Economy Status

    The U.S. Department of Commerce said Friday that it has rejected Vietnam's request to lift its status as a non-market economy, which would have altered how antidumping duties are calculated on Vietnamese exports.

  • August 02, 2024

    Paper Cos. Challenge Superfund Liability At 6th Circ.

    International Paper Co. and Weyerhaeuser Co. on Thursday asked the Sixth Circuit to reverse a Michigan federal judge who found that they can be sued for future cleanup costs of a Michigan Superfund site.

Expert Analysis

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Payment Provision Lessons From NJ Construction Ruling

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    A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.

  • Ruling In La. May Undercut EPA Enviro Justice Efforts

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    A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.

  • Contract Disputes Recap: Facts Differ But Same Rules Apply

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    Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • A Legal Playbook For Stadium Construction Agreements

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    As a new wave of construction in the professional sports arena space gets underway, owners must carefully consider the unique considerations and risks associated with these large-scale projects and draft agreements accordingly, say attorneys at Akerman.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • New Eagle Take Permit Rule Should Help Wind Projects Soar

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    The U.S. Fish and Wildlife Service's recently issued final rule revising the eagle take permit process should help wind energy developers obtain incidental take permits through a more transparent and expedited process, and mitigate the risk of improper take penalties faced by wind projects, says Jon Micah Goeller at Husch Blackwell.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

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