Changes in the legal landscape of Intellectual Property Rights (IPR) are now effectively reshaping how patent disputes operate. AXONICS, INC. v. MEDTRONIC, INC., a case that recently came before Dyk, Lourie, and Taranto in the Patent Trial and Appeal Board, has a noteworthy finding: In an Inter Parties Review (IPR) process, an IPR petitioner should…
Recent years have witnessed an ongoing debate about the validity of capping general damages via contract provisions for liquidated damages. This discussion gained momentum with a couple of contradictory verdicts in the last two years – casting ambiguity on a common feature of construction contracts. The topic came to light as liquidated damages clauses frequently…
In a bid toward sustainable housing, the City of Los Angeles’s Planning Department is proposing an expansion of the city’s adaptive reuse policies. The proposal is a revision and an expansion of Sections 12.03, 12.22 A.26, 12.24 X and 16.05 of the Los Angeles Municipal Code (LAMC) and the Adaptive Reuse Incentive Areas Specific Plan…
Retiring in a tranquil neighborhood in Ohio City, one might not expect to be disturbed by the onset of a stone crushing plant. The anticipated peace and tranquillity have been interrupted for a retired couple who suddenly found themselves living next to such a facility, owned by whom they’ve come to call the “Bad Guys”….
In a recent court ruling, the United States District Court for the District of Massachusetts granted summary judgment in favor of the National Marine Fisheries Service (NMFS) on Friday, August 4, 2023. The judgement comes in the case of Melone v. Coit et al, 21-cv-11171 (Talwani, J.). More information about the judgement can be found…
The U.S Department of Labor (DOL) has issued a final rule, revising its procedures for determining prevailing wages under the Davis-Bacon and Related Acts (DBRA) for the first time in four decades, according to Ballard Spahr LLP. This reinstatement of a three-step process has implications for construction workers and the broader industry. The DBRA requires…
In an official announcement made on August 8, 2023, the Department of Labor (DOL) outlined their final rule revising the Davis-Bacon Act (DBA) and related acts regulations, marking the most significant revisions to take place in the past 40 years.[1] Addressed in this announcement were the major changes to the Davis-Bacon Act, a law of…
In a major shift from previous regulations, the Department of Labor (DOL) announced on August 8, 2023, their final rule revising the Davis-Bacon Act (DBA) and Davis-Bacon Related Acts regulations. As legal professionals, government and public sector lawyers, particularly those with construction clients, should take note of these significant changes. According to PilieroMazza PLLC, these…
As part of the White House’s recent efforts to reshape the employment landscape, the Department of Labor (DOL) is proposing a return to previously employed regulations concerning federally funded construction projects. Specifically, the DOL’s proposal focuses on the definition of “prevailing wage”, bringing it back to the interpretation last used in 1983. This proposed alteration…
In the ever-varying tapestry of Florida’s commercial real estate (CRE) market, the ascent of pickleball has notably emerged as a driving trend. This intriguing transformation from a casual pastime to a formidable investment opportunity is arresting attention, reshaping the CRE terrain and prompting substantial changes in property acquisition and development strategies throughout the state. However,…
In a week that has seen a range of developments unearthed within the real estate and construction sectors, innovations in technology are reshaping the landscape of property transactions and urban infrastructure. Meanwhile, labor relations and rising energy costs are setting the tone for industry challenges. In a recent article by JD Supra, it was highlighted…
The Colombian Law 2306 of July 31, 2023 has recently been issued, with a focus on the protection of motherhood and early childhood. This law brings with it incentives and regulations for the creation of areas intended to facilitate breastfeeding in public spaces in Colombia. [JDSupra] Law 2306 of 2023 broadens the remunerated rest period…
In a recent development that holds broader implications for the legal and construction industries, the U.S. Department of Labor (DOL) is ready to refashion a longstanding norm. On August 8, 2023, the Department declared its intention to bring into effect a rule that amends the prevailing wage calculation for federally-funded construction projects. This decision marks…
The United States Department of Labor (“DOL”) has recently finalized a rule which adjusts the manner in which prevailing wages are calculated for federally-funded construction projects. These adjustments are explicitly applicable to contracts that are subject to the Davis-Bacon Act and affiliated regulations. As outlined in a recent article, the alterations in the prevailing wage…
In a pivotal move, the Texas Supreme Court recently ruled in favor of developers and builders looking to enforce arbitration agreements in construction cases. Two key victories gave tremendous impetus to the principle of ‘Arbitration for All’. Contrary to previous presumption, the court ruled that household members and subsequent purchasers bringing a construction defect claim…
In a recently published article on JD Supra, the U.S. Federal Circuit is closely monitoring legal developments around patent law. Specifically, the question of whether pending, non-final litigation or Inter Partes Review (IPR) processes can negate intent to infringe if there’s already substantive evidence supporting such intentions. The focal point of this legal discussion is…
Changes are on the horizon for California’s Construction General Permit, and all those involved in construction activities in the state – including municipalities, landowners, and developers – would do well to take note. The impetus for these changes is the intensified regulatory scrutiny that this sector has been subject to in recent years, especially in…
In a world increasingly marked by technological advancements, nothing remains untouched – including the world of law. In particular, the rise of advanced auto features and electronic data is beginning to have a profound impact on how legal professionals approach accident reconstruction and related investigations. These technologies have expanded the field beyond the traditional approaches…
Recently, the Second District Court of Appeal (Div. 5) affirmed a judgment which was of major significance in the realm of property law and development initiatives. The judgment involved the voiding of the California Environmental Quality Act (CEQA)’s infill exemption for a Hollywood hotel project. The hotel construction proposal in question planned for the demolition…
The Texas sales and use tax rules that govern contractors and other construction-related work present a myriad of complexities. Due to their broad application, these rules impact a wide range of industries, most notably general construction, oil and gas related services, and demolition. Understanding and properly applying these rules involves in-depth examination of facts, necessitating…
Wilson Elser Moskowitz Edelman & Dicker LLP has recently reinforced its partnership bench with an infusion of expertise and experience, following the addition of four former attorneys from Lewis Brisbois Bisgaard & Smith LLP who are specialized in insurance, national trucking, and construction matters. The firm made this announcement on Monday. Given the existing legal…
Trade and compliance professionals operating in the international legal landscape have a fresh set of complexities facing them. The intersection of “Buy America” provisions and the Federal Acquisition Regulations (FAR) are causing a stir within the sphere of global commerce and procurement, particularly in government contracts. A noteworthy development, as observed by the Braumiller Law…
Business succession planning, though possibly uncomfortable to consider, is paramount to the longevity and prosperity of an enterprise following a transition in ownership. In an insightful article by Husch Blackwell LLP, several strategies that business owners may contemplate in the construction of their succession plans are brought to light. At the larger end of the…
Pinsent Masons, the international law firm, has advised the Spanish engineering and construction company Técnicas Reunidas on a collaborative effort with the International Finance Corporation (IFC) to speed up the process of decarbonization in Eastern European economies. A Memorandum of Understanding (MoU) has been signed between Técnicas Reunidas and the IFC, the private sector branch…
The US Fifth Circuit Court of Appeals has overturned a Mississippi constitutional provision dating back to the 1890 Jim Crow era. The provision, known as Section 241, permanently disenfranchised individuals convicted of certain felonies. Judge James Dennis, writing for the majority, maintained that the 1890 Mississippi Constitution was clear in its intention to “ensure the…