In the context of the U.S. Supreme Court’s precedent-setting verdict in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (SFFA), which curtailed the extent of race-based affirmative action programs in college admissions, a consequential federal lawsuit has now been leveled in the Eastern District of Kentucky. This…
The process of establishing private investment funds is both a complex and crucial field of corporate law. This subject is the focus of a serialised report in JD Supra, penned by the legal experts at Blake, Cassels & Graydon LLP. In the article, the authors dissect the legal challenges, risks, and considerations related to the…
Earlier this week, the National Labor Relations Board (NLRB) faced a high-profile case when it denied a motion to reconsider by the employer in the case of Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023). This decision not only validated the applicability of its recent Cemex standard but also highlighted the possibility of…
As of November 17, 2023, changes have been made to New York’s legislation regarding payments in private commercial construction projects valued at $150,000 or more. Governor Kathy Hochul signed Senate Bill 3539, resulting in amendments to Section 756-a and Section 756-c of the New York General Business Law, also referred to as the Prompt Payment…
As economic hardships and financial burdens escalate, increasing numbers of drivers may find it increasingly difficult to pay for repairs needed due to damages caused by themselves or due to mechanical problems on their vehicles. A prevalent resort to this issue seems to be auto insurance fraud, seemingly affecting the large insurance firms with the…
The United Arab Emirates (UAE) is spearheading a movement toward sustainability in the Middle East, incorporating eco-friendly standards into the realms of construction and real estate. However, as outlined by professionals Ian Bevan and Ejiro Otu of the multinational law firm Allen & Overy LLP, there are still steps to be taken to further incentivise…
The Consumer Financial Protection Bureau (CFPB) recently approved an application from the Independent Community Bankers Association (ICBA) for alternative disclosures under the Truth in Lending Act (TILA)/Real Estate Settlement Procedures Act (RESPA) Integrated Disclosure (TRID) rule for construction-to-permanent loans. This approval is specifically for a Trial Disclosure Program Waiver Template (TDP Waiver Template). However, it’s…
The Second Circuit, through its landmark decision in Cunningham v. Cornell University, has taken significant strides in clarifying the pleading standards for ERISA prohibited transaction claims. This conclusion came after years of courts wrestling with establishing an appropriate standard. The matter, as per the perceived legal consensus, was becoming an urgent one, given that too…
On November 22, 2023, the Financial Crimes Enforcement Network (FinCEN) issued an alert in partnership with the Internal Revenue Service (IRS) Criminal Investigation (CI) division regarding the ongoing issue of COVID-19 Employee Retention Credit (ERC) fraud. This information, as detailed by legal news platform JDSupra, reveals FinCEN’s ongoing efforts to tackle fraud schemes that have…
Decarbonization of the economy is a hovering challenge of the 21st century which makes breakthroughs in carbon capture and storage technology all the more significant. The Gulf Cooperation Council (GCC), made up of the wealthiest economies in the Middle East, potentially stands to make massive gains in this area. But several challenges have to be…
Delivering major construction projects, as many corporations and law firms are well aware, presents its own unique set of challenges. These can range from the financial, exploratory, labour or operational aspects and affect the overall trajectory and success of the project. The state of the global climate has only amplified these challenges, spurring an increase…
Subchapter C of Chapter 151 of the Texas Insurance Code, generally referred to as the Texas Construction Anti-Indemnity Act (TCAIA), has a much broader scope than what its name suggests. The act’s scope causes surprises for some parties who, despite signing contracts they believed had limited connection to “construction”, discover that the TCAIA applies to…
The Federal Circuit recently took a deep dive into an age-old issue in the case of Barrday, Inc. v. Lincoln Fabrics, Inc., looking at when a claim should be construed more narrowly than its plain language would suggest. This decision on claim construction has far-reaching implications and is therefore essential reading for patent litigators. In…
The realm of construction law often involves complex intersections between legal regulations and business practices. One such area is the treatment of constructive acceleration and delays on federal projects. The regulatory framework for this field is governed primarily by the Federal Acquisition Regulations (FAR). These rules outline the management of claims against the government for…
Demand for metabolic disorder drugs from Novo Nordisk, a global healthcare company, has far surpassed the supply, resulting in product shortages. In response to this, the company is planning a significant expansion of an existing production site. A recent investment announcement from Novo Nordisk indicates a sum of more than 16 billion Danish Kroner (approximately…
In a significant decision, the Supreme Court of Canada (“CSC”) has widened the concept of responsibility in the case of R. v. Grand Sudbury (City). The CSC ruled Grand Sudbury (the “City”), as an “employer” under the Ontario Occupational Health and Safety Act (“OHSA”), could be held accountable for a pedestrian’s death, even though the…
Construction contractors operating in California should be aware of upcoming changes to existing regulations. The California Air Resources Board (CARB) approved amendments to the In-Use Off-Road Diesel-Fueled Fleet regulations back in November 2022, which will take effect from January 1, 2024, inevitably impacting the state’s contractors. The amendments not only continue to enforce CARB compliance…
The legal landscape is changing following a recent decision by the National Labor Relations Board (“NLRB”). On August 25, 2023, in the case of Cemex Construction Materials Pacific, LLC, the NLRB drastically lowered the threshold necessary to issue a bargaining order instead of pushing for a re-run (or fresh elections) when an employer has been…
On November 16, 2023, the U.S. Department of Energy (DOE) announced a Notice of Proposed Rulemaking (NOPR) with the aim to amend its National Environmental Policy Act (NEPA) implementation regulations. Included in the proposed changes are the introduction of a categorical exclusion for specific energy storage systems, along with modifications to existing exclusions for the…
According to Human Rights Watch, the Chinese government is broadening its mosque closure campaign beyond the widely condemned Xinjiang region, extending to northern Ningxia region and Gansu province. An area inhabited by significant populations of Hui Muslims, a distinct ethno-religious Chinese group numbering over 10 million individuals, both Ningxia and Gansu are witnessing an increase…
The Center for Analysis and Research in Human Rights (CARDH) announced on Thursday that they would temporarily suspend their operations in Haiti due to escalating threats against its staff. CARDH, operating in Haiti since 2008, has been steadily reducing its operations over recent months due to intensifying gang violence within the country’s capital, Port-au-Prince. Through…
Leading law firms, Herbert Smith Freehills and Pérez-Llorca, have played a significant role in a €1.8 billion transaction within the renewable energy sector. A Norwegian energy generator, Statkraft, has finalised an agreement to acquire the renewable business of the Spanish engineering and construction company, Elecnor Group. The business, named Enerfin, was purchased in a deal…
Alterations to New York law will notably impact the retainage withheld in private construction contracts. As of Friday, November 17, 2023, a new bill was signed into law by Governor Hochul, putting a cap on the retainage held on construction contracts for private improvements. >/p> This alteration in legislation mandates that the retainage is limited…
The National Labor Relations Board (NLRB) has shifted decades of precedent with a recent decision involving Cemex Construction Materials Pacific, LLC. The established process around representation elections has been significantly altered, delivering new mandates for employers responding to union demands for recognition. In the case of Cemex Construction Materials Pacific, LLC, the Board retired its…
In a notable trend manifesting over the past few months, federal lawmakers have shown an increased interest in the examination and potential regulation of artificial intelligence (AI). Through a series of hearings and legislative proposals, legislators seem poised towards construction and implementation of comprehensive AI legislation. This newfound focus gains relevance in light of the…