Construction – Page 33 – Legal News Feed

Jurist

Amnesty Report Condemns Canadian Government’s Treatment of Indigenous Pipeline Protestors

Pieter Gunst3 years ago04 mins

Amnesty International, a global human rights advocacy group, recently published a report critiquing the Canadian government’s oversight of interactions between law enforcement agencies and indigenous Wet’suwet’en protestors engaged in demonstrating against the Coastal GasLink pipeline project. In their report, Amnesty alleges that the Canadian government, through the Royal Canadian Mounted Police (RCMP) and a private…

Law.com

$17.6 Million Verdict in Monmouth County: Drug-Impaired Trucker’s Multi-Vehicle Crash Results in Record-Breaking Judgment

Pieter Gunst3 years ago04 mins

A jury in Monmouth County has levied a $17.6 million verdict in favor of a man severely injured in a multi-vehicle accident involving a drug-impaired 18-wheeler driver. The record-breaking judgement includes $6.5 million in compensatory damages and a further $11.15 million in punitive damages. This final judgement follows a separate $6.85 million settlement last year…

Bloomberg Law

Ulmer & Berne and Greensfelder Hemker & Gale Merge, Establishing Top 200 Am Law Firm UB Greensfelder

Pieter Gunst3 years ago03 mins

In a significant move set to shake up the legal world, regional firms Ulmer & Berne and Greensfelder Hemker & Gale have voted to merge, resulting in the creation of a new top 200 Am Law firm. To be known as UB Greensfelder LLP, the newly formed entity will boast of approximately 275 attorneys operating…

Above the Law

Addressing the AI Policy Gap: Simplifying Strategy for Legal and Corporate Governance

Pieter Gunst3 years ago04 mins

The evolution of AI technologies continues to pose unique challenges for legal teams within corporations. Despite a surge in AI deployment, surprisingly few companies have established robust guidelines for its use. The Society for Corporate Governance’s 2023 Board Practices Report revealed that a mere 13% of 97 public companies examined possess an AI use framework,…

JDSupra

Court of Appeals Curtails Double-Dipping in Construction Contract Damages Ruling

Pieter Gunst3 years ago03 mins

In a recent ruling that is gathering significant attention within the legal community, the Court of Appeals has significantly reduced a damages award in a breach of construction contract case. Aptly referred to as “No Double Dipping,” the details of the case provide essential insights for legal professionals working in both corporate and law firm…

JDSupra

CFPB Approves Pilot Program for Construction Loan Disclosures: A Shift in Regulatory Landscape

Pieter Gunst3 years ago03 mins

In a step signalling change, the Consumer Financial Protection Bureau (CFPB) gave green light to a pilot program addressing construction loans. This approval followed an application submitted by a community banking trade organization indicating a significant shift in the existing regulatory landscape. The application, prepared under the CFPB’s trial policy programs that fall under Section…

Bloomberg Law

David Kim Joins Baker McKenzie & KL Partners Joint Venture as Partner in Korea

Pieter Gunst3 years ago02 mins

David Kim, an experienced lawyer known for representing multinational corporations, government entities, and defense contractors, has recently been welcomed as a partner into the Baker McKenzie & KL Partners Joint Venture Law Firm, as was announced by the firm last Friday. The new position will see Kim operating in Korea. More details can be found…

JDSupra

NLRB’s Cemex Decision: A Major Shift in US Labor Relations and Union Recognition

Pieter Gunst3 years ago03 mins

Legal professionals around the globe whose work pertains to labor-relations should be aware of the implications of the National Labor Relations Board’s (NLRB) recent decision in the Cemex Construction Materials Pacific, LLC case. This decision, issued late last month, signified a significant move by the current NLRB leadership to stem the tide of diminishing union…

JDSupra

Fifth Circuit Ruling Denies Cajun Industries’ Research Tax Credit Claim, Impacting Future Corporate Filings

Pieter Gunst3 years ago02 mins

In a recent ruling, the U.S. Court of Appeals for the Fifth Circuit ruled against Cajun Industries LLC in a case concerning its claim for research credit under the Internal Revenue Code (IRC) Section 41. The case, United States v. Grigsby, Docket No. 22-30764, has far-reaching implications for companies attempting to claim tax credit for…

JDSupra

DBE Program Lawsuit: The Future of Race and Gender-Based Policies in Business after SFFA

Pieter Gunst3 years ago02 mins

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…

JDSupra

Navigating Legal Challenges of Establishing Private Investment Funds in Canada

Pieter Gunst3 years ago02 mins

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…

JDSupra

NLRB Upholds Controversial Cemex Standard Amid Appellate Review Expectations

Pieter Gunst3 years ago02 mins

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…

JDSupra

New York Updates Prompt Payment Act for Commercial Construction Projects

Pieter Gunst3 years ago03 mins

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…

JDSupra

Combatting Auto Insurance Fraud: The Role of Accident Reconstruction Experts and Technology

Pieter Gunst3 years ago04 mins

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…

JDSupra

UAE’s Push for Green Real Estate: Overcoming Challenges and Incentivizing Sustainable Construction

Pieter Gunst3 years ago03 mins

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…

JDSupra

CFPB Approves ICBA’s Application for Alternative Disclosures on Construction-to-Permanent Loans

Pieter Gunst3 years ago02 mins

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…

JDSupra

Landmark Ruling in Cunningham v. Cornell University Clarifies ERISA Prohibited Transaction Pleading Standards

Pieter Gunst3 years ago03 mins

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…

JDSupra

FinCEN and IRS CI Tackle COVID-19 Employee Retention Credit Fraud

Pieter Gunst3 years ago02 mins

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…

JDSupra

GCC’s Pivotal Role in Carbon Capture and Storage’s Future Amid Net Zero Ambitions

Pieter Gunst3 years ago04 mins

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…

JDSupra

Navigating Pitfalls in Major Construction Projects: Risk Mitigation for Corporations and Law Firms

Pieter Gunst3 years ago03 mins

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…

JDSupra

Navigating the Surprising Scope of the Texas Construction Anti-Indemnity Act

Pieter Gunst3 years ago01 mins

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…

JDSupra

Impactful Federal Circuit Ruling Reshapes Patent Claim Interpretation Landscape

Pieter Gunst3 years ago03 mins

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…

JDSupra

Constructive Acceleration and Delays: Navigating Flow-Down Provisions in Federal Construction Projects

Pieter Gunst3 years ago04 mins

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…

Above the Law

Novo Nordisk Pledges €2.1 Billion to Expand French Facility Amid Rising Global Metabolic Drug Demand

Pieter Gunst3 years ago03 mins

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…

JDSupra

Supreme Court Ruling Expands Corporate Responsibility in Grand Sudbury City Case

Pieter Gunst3 years ago04 mins

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…