Construction

  • April 12, 2024

    KB Home's 'Emeritus' Director Bylaw Invalid, Chancery Rules

    A KB Home bylaw that allowed the homebuilder's board to unilaterally shift an acting director into a non-functioning "emeritus" role without conducting a stockholder vote is invalid under Delaware law, a Delaware Chancery Court judge said Friday, siding with a shareholder who challenged the rule.

  • April 12, 2024

    SEC Says Developer Pulled EB-5 Funds From Nursing Homes

    The U.S. Securities and Exchange Commission accused a Las Vegas developer of using $10 million raised by overseas investors hoping to immigrate to the U.S. to pay down a loan for a project unconnected to their immigration applications.

  • April 12, 2024

    Tribes Look To Overturn Enbridge's Line 5 Mich. Tunnel Permit

    Several tribal nations are asking the Michigan Court of Appeals to overturn and remand a state commission's permit approval that allows Enbridge Energy to build a Line 5 pipeline tunnel project beneath the Straits of Mackinac, arguing that they and others were barred from introducing evidence relevant to the final decision.

  • April 12, 2024

    US Steel Stockholders Greenlight $14.9B Sale To Nippon

    U.S. Steel said Friday that its shareholders have "overwhelmingly" approved the American steel company's nearly $15 billion takeover by Japan's Nippon Steel, a positive development in a deal that's otherwise received a high degree of political and regulatory scrutiny. 

  • April 12, 2024

    Ex-Philly Union Leader Denied Bench Trial In Extortion Case

    A Pennsylvania federal judge has denied twice-convicted former International Brotherhood of Electrical Workers Local 98 leader John "Johnny Doc" Dougherty's request to have his third criminal trial — this time over extortion charges — handled by a judge instead of a jury.

  • April 12, 2024

    Construction Co. Owner Cops To Causing IRS $2.8M Tax Loss

    A Massachusetts construction company owner pled guilty to running an "off-the-books" cash payroll scheme that cost the federal government $2.8 million in tax losses, the U.S. Department of Justice said.

  • April 12, 2024

    Justices Back Property Owner In Dispute Over Permit Fees

    The U.S. Supreme Court ruled Friday that a $23,420 local traffic impact fee charged to a California property owner's rural manufactured home isn't exempt from scrutiny as a Fifth Amendment taking simply because the charge is allowed by legislation.

  • April 11, 2024

    Wash. Justices Side With EB-5 Firm Over Arbitration Award

    Washington's high court ruled on Thursday that the payment of an arbitration award does not resolve a case seeking to confirm that award, standing by a lower court's decision to enter a confirmation order on an investment firm's $11.5 million win against a beleaguered developer over missed payments on a loan.

  • April 11, 2024

    NJ Town Pays $5.5M To Exit Claims It Steered Deloitte HQ Deal

    Morristown, New Jersey, has agreed to pay $5.5 million to settle claims that officials meddled in a project to relocate accounting firm Deloitte's headquarters to one town site in an attempt to direct the project to another owned by developers they preferred.

  • April 11, 2024

    Colo. Developer Sues Over Remodeling Impact Fees

    A Colorado developer has accused Pitkin County's Board of Commissioners in Colorado federal court of wrongfully charging impact fees on the remodel of a residential property.

  • April 11, 2024

    DOI Lowers Fees For Solar, Wind Projects On Public Lands

    The U.S. Department of the Interior unveiled finalized updates to its renewable energy regulations on Thursday that are aimed at promoting the development of solar and wind energy on public lands by lowering the associated fees.

  • April 11, 2024

    Odebrecht Exec Details Bribes To Ex-Ecuador Comptroller

    The former director of Odebrecht SA's operations in Ecuador told jurors Thursday that he paid millions in bribes to "Miami" — a code name for Ecuador's former comptroller — related to various infrastructure projects the Brazilian conglomerate was building in the country.

  • April 11, 2024

    Alaska Native Village Defends Donlin Gold Mine Approvals

    Alaska's Native Village of Crooked Creek threw its support behind the federal government in litigation brought by half a dozen tribes challenging its approvals for a massive open-pit gold mine along the Kuskokwim River in southwest Alaska, saying the project will bring meaningful improvements to Crooked Creek.

  • April 11, 2024

    11th Circ. Says Insurer Owes Defense In Home Damage Suit

    A general contractor's insurer must defend it against claims that it abandoned the construction site of a custom-built home, the Eleventh Circuit ruled Thursday, rejecting the insurer's reliance on two exclusions barring coverage for damage to "that particular part" of property the contractor worked on and corresponding repairs.

  • April 10, 2024

    Wash. Tribe Says $1M Fine Not Enough To Settle CWA Claims

    A Washington tribe is opposing a proposed consent decree that would settle Clean Water Act claims against a hydroelectric dam operator, arguing that a $1 million penalty is vastly too low for violations of the law when the damage continues.

  • April 10, 2024

    3rd Circ. Won't Revive White And Williams Malpractice Suit

    The Third Circuit on Wednesday declined to revive a $30 million legal malpractice suit brought by a home improvement product manufacturer against White and Williams LLP, finding the claim should have been brought in an earlier action between the parties.

  • April 10, 2024

    Honeywell Sues Insurer For $8.75M Performance Bond

    A company that issued a $8.75 million performance bond is refusing to honor its deal with Honeywell International Inc. after a subcontractor declared bankruptcy and didn't finish its work at the Tobyhanna Army Depot in Pennsylvania, Honeywell claims in a suit filed Tuesday in Pennsylvania federal court.

  • April 10, 2024

    Mich. Justices Block Wind Farm's Plan To Expand Near Airport

    The Michigan Supreme Court has upheld a local board's decision to block a commercial wind farm expansion, agreeing with a trial judge that zoning officials had marshaled enough evidence that the windmills posed safety risks to aviators.

  • April 10, 2024

    NC Justices Doubt Homeowner's Attic Fall Suit Can Go To Jury

    The North Carolina Supreme Court appeared likely Wednesday to rule against a homeowner who fell through an attic hole left by a builder, with the justices suggesting her actions may have played a part in her injury.

  • April 10, 2024

    FBI, GSA Face Criticism Over Response To HQ Site Probe

    Republican lawmakers continued to criticize the FBI and General Services Administration on Wednesday over contentious plans for a new FBI headquarters, citing concerns over the planned site and size of the facility, and the agencies' responses to a related investigation.

  • April 10, 2024

    Pot Cos. Say California City Reneged On Fee Waiver Promise

    Six cannabis companies are suing the city of Cudahy in California federal court, saying the city breached its contracts by refusing to waive fees accrued during national emergencies and city-caused delays, costing the companies more than $26 million in damages.

  • April 10, 2024

    DOL Says Groups' Challenge To Rule Update Must Fall

    The U.S. Department of Labor pressed a Texas federal court to ax two construction groups' challenge to its rule updating the Davis-Bacon Act, arguing that they face no injury and that their suit relies heavily on speculation and fear-based claims.

  • April 09, 2024

    Contractor Says Feds Are Blocking Border Wall Settlement Payout

    A construction contractor wants to intervene in litigation over the Biden administration's diversion of border wall funds, saying the federal government has invoked a recent injunction in the case to stymie the company's attempt to recoup lost construction costs.

  • April 09, 2024

    Carpenters Urge 9th Circ. To Restart Union Retirement Fight

    A group of carpenters urged the Ninth Circuit to revive allegations that their union's retirement plan trustees played fast and loose with their savings, saying Tuesday that the trustees should face claims that their risky investment choices caused two retirement plans to plummet in value when the pandemic hit.

  • April 09, 2024

    Ex-LA Deputy Mayor Says Jury's Chats Warrant Mistrial

    Former Los Angeles deputy mayor Raymond Chan is calling for a mistrial following his bribery conviction, telling a federal judge the jury foreperson and two other panel members discussed the case outside the jury room, reaching a premature verdict that likely swayed other jurors.

Expert Analysis

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • Beware OSHA's Aggressive Stance Toward Safety Violations

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    The solicitor of labor's recent enforcement report shows the Occupational Safety and Health Administration will increasingly consider creative enforcement measures and even criminal referrals to hold employers accountable for workplace safety infractions, say Ronald Taylor and Page Kim at Venable.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • What Nevada 'Superbasin' Ruling Means For Water Users

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    The Nevada Supreme Court's recent decision in Sullivan v. Lincoln County Water District, affirming that the state can manage multiple predesignated water basins as one "superbasin," significantly broadens the scope of water constraints that project developers in Nevada and throughout the West may need to consider, say attorneys at Perkins Coie.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • 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.

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