Today’s construction industry faces numerous hurdles, with one of the most prevalent issues being claims linked to a loss of productivity. This issue has taken center stage over the last few years, driven by factors such as labor shortages, material shortages, and rapid changes in the economic landscape and supply chain problems. As a result,…
Expect an uptick in litigation at the National Labor Relations Board (NLRB) as companies prepare for unions leveraging a newly lowered standard for securing a bargaining order, catalyzed by the board’s latest Cemex doctrine. This development soundtracks a potential rise in companies hit with bargaining orders due to their failure in recognizing a union or…
Following years of sporadic activity in the Middle East, Burford Capital, one of the world’s largest litigation funders, decided to establish a more localized presence, opening its first office in the region. Dan Hall, co-head of EMEA and co-head of asset recovery in Dubai, relocated to the UAE with a keen focus on emerging opportunities…
Offshoring has become an attractive labor option for US design firms as it addresses two significant issues: the domestic labor shortage and wage inflation. However, US jurisdictions are now increasingly adopting laws and policies to limit the use of offshore talent, particularly for large, publicly funded projects that these design firms often rely on for…
On August 7, 2023, in the case of Axonics, Inc. v. Medtronic, Inc. (Nos. 2022-1532, 2022-1533), the Federal Circuit Court addressed an pivotal issue concerning the ability of a petitioner in an IPR (Inter Partes Review) to present new evidence in a reply brief. This becomes particularly significant when the patent owner proposes a new…
In a recent development, the Federal Circuit has chosen to vacate the Patent Trial and Appeal Board’s (PTAB) decision based on what they deemed to be an overly narrow claim construction. The matter in focus was Apple Inc. v. Corephotonics, LTD., a case that presented two key decisions to analyze. The first issue at hand…
The United States Department of Labor (DOL) issued a transformative final rule updating regulations under the Davis-Bacon Act on August 23, 2023. Significantly, this revision represents the department’s inaugural comprehensive reform to the Davis-Bacon Act regulations in an expansive span of four decades. This update will carry significant implications for contractors engaged in federal construction…
In a recent development, the New Engineering Contract (NEC) has produced a practice note that elucidates how the NEC4 Engineering and Construction Contract (ECC) can be adapted for use as an engineering procurement and construction (EPC) contract (JD Supra) . EPC contracts are renowned for their established position in the construction and engineering industry due…
In a move stirring considerable discussion among legal professionals, North Carolina has recently implemented noteworthy modifications to its law regarding the recovery of attorneys’ fees in construction lien and payment bond disputes. Generally speaking, these legal disputes typically arise from construction projects and frequently involve lien claims or payment bond claims. This is particularly true…
In a significant development in Ohio law, a recent decision made by the First District Court of Appeals, in the case of Breazeale v. Infrastructure & Development Engineering, Inc. (Appeal No. C-230172), has held firm restrictions on the time frame for pressing negligence claims against design professionals. As reported, the discovery rule conventionally indicates that…
In an age where sustainability is becoming an imperative as opposed to an option, the legal landscape surrounding sustainable development and land use is evolving at an equally crucial pace. In a recent update, it showcases how administrations are leveraging legal provisions to foster sustainable growth and development. As reported by JDSupra, the Biden administration…
In the matter of Malvern Panalytical Inc. v. TA Instruments-Waters LLC, et al., (No. 2022-1439) settled in the Federal Circuit Court of the District of Delaware on November 1, 2023, an intriguing patent case of high significance within the legal industry was carried out. The panel that presided over this case consisted of Prost, Hughes,…
In 1991, the US Supreme Court affirmed the state’s authority to prohibit trial participants from speaking about the trial if it risks ‘materially prejudicing’ the judicial process. The ruling was a part of the landmark case, Gentile v. State Bar of Nevada, which originally pertained to a ban on attorneys commenting on ongoing lawsuits. This…
In a case that is highly relevant to legal professionals in construction-related enterprises, a recent verdict by the Technology and Construction Court in London has offered a comprehensive examination of the law in instances of argument frequently occurring in construction projects. Particular emphasis was placed on issues of limitation and when a cause of action…
In recent deliberation from the Supreme Court of Tennessee (Supreme Court) in the case of Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), notable conclusions were drawn regarding the application of the economic loss doctrine, specifically its inapplicability for contracts regarding services. The economic loss doctrine is a legal…
The National Labor Relations Board (NLRB) has recently issued an important memo which provides guidance on its Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023) ruling. The memo was issued this summer and has significant implications for how employers and labor unions engage in the organizing process. In the original decision, the NLRB…
The United States Environmental Protection Agency (USEPA) has finalized its 2023 Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule, which becomes effective on November 27, 2023. As published in the Federal Register on September 27, 2023, the new rule purports to bolster the potency of states, territories, and tribes in safeguarding water…
In an interesting turn of events, the Sixth District Court of Appeal reversed an initial trial court’s judgment, which held that Monterey County’s permitting of a desalination plant was unjustified. This conclusion came in response to a writ set aside by the court against the investor-owned public utility/water supplier California-American Water Company (“Cal-Am”), as documented…
In a significant environmental ruling, India’s Supreme Court ordered officials from Punjab, Haryana, Rajasthan and Uttar Pradesh — states neighboring New Delhi — to prevent farmers from burning crop residues. This decision came as a response to mounting concerns over hazardous air pollution levels in New Delhi. The court has assigned the implementation of these…
The landscape of real estate and construction is in a state of flux, shaped by everything from large infrastructure projects to interest rate increases and the viability of corporations like WeWork. In the latest news roundup, we delve into the significant developments affecting these sectors. A spotlight has been shone on the state of New…
On Tuesday, Portuguese Prime Minister, Antonio Costa, announced his resignation amid ongoing corruption inquiries. He cited that the dignity of the Prime Minister’s role is incompatible with any suspicion related to one’s integrity, good behaviour, or criminality. This development follows allegations made against his office that handle Portuguese affairs, including lithium mining, hydrogen projects, and…
Legal professionals worldwide may have grown accustomed to the Federal Circuit’s claim construction gospel as set forth in Phillips over the last two decades. This doctrine traditionally posits the intrinsic evidence – such as claims, specification, and the prosecution history – as the key determiner often “dispositive” and is “the single best guide to the…
The U.S. Environmental Protection Agency (EPA) recently published an advanced notice of proposed rulemaking (ANPRM) dated October 12, 2023, initiating a public consultation to gather feedback on distinct issues concerning treated seed and paint. As disclosed in this JD Supra report, this comment-seeking activity revolves around seed treated with standard pesticides and paint treated with…
In a decision by the High Court of the United Kingdom earlier this year, it was emphasized that the limitation of liability clause still occupies a central role in high value or complex contractual agreements. The significance of such a clause, which seeks to limit a party’s financial exposure in instances of lawsuits or other…
As legal professionals, one of the key aspects we often encounter is drafting a settlement agreement. This process normally requires a high level of foresight, especially with an eye for enforcement down the line. This becomes particularly essential with industry-side activities that are either complex or disputed, such as in the recent cases involving construction…