In a move that is vital for legal professionals working in large corporations and law firms, particularly those concentrating in environmental and property law, the U.S. Supreme Court released an order that directly impacts the construction of energy pipelines across the country. The order, issued on July 27, nullified the U.S. Court of Appeals for…
For non-lawyers in the construction industry, it’s essential to familiarize oneself with the basics of contract interpretation. This is a critical aspect of business operations, considering that every legal action is backed by legally-enforceable promises or contracts. A primer for any non-lawyer would essentially encapsulate the knowledge taught to first-year law students in the U.S….
In line with global efforts being made towards addressing climate change issues, Boston Mayor Michelle Wu, on July 31, 2023, has signed an executive order prohibiting the utilization of fossil fuels in new constructions and significant renovations of city-owned buildings. The news comes as an important step in diminishing the city’s carbon emissions despite the…
In a relevant recent development, the PTAB (Patent Trial and Appeal Board) granted the institution of an Inter Partes Review (IPR) in light of several parallel district court proceedings regarding the same patent. The Board was not persuaded by the Patent Owner’s argument that the petitioner’s “conflicting” stances regarding claim construction within the district court…
The Environmental Protection Agency (EPA) is under fire from Republican lawmakers, states, and industry groups for its perceived slow reaction to the Supreme Court’s decision in Sackett v. EPA. This ruling marked out the boundaries for what is considered “waters of the United States,” and the fallout has had significant ramifications for the Army Corps…
Understanding and adhering to prevailing wage and hour laws are crucial in mitigating liability, especially in industries experiencing a shortage of skilled labor, such as construction. A case study identified a significant 8% reduction in the workforce, ages 25-54, over the past ten years. A forecast model at the beginning of 2022 projected that the…
Last week, the legal scene in London was abuzz with several noteworthy cases. These included a dispute between Hugh James law firm and Berrymans Lace Mawer LLP, a patent claim by Panasonic against Chinese companies Xiaomi and Oppo, and collapsed law firm Carillion’s lawsuit against the U.K. government and three partners from PwC. Hugh James,…
The case of FS.COM INC. v. International Trade Commission, with Corning Optical Communications LLC intervening, continues to reshape our understanding of patent validity in the context of import regulations. In case proceedings dated April 20, 2023, the overarching discourse returns to two vital aspects of patent law: enablement and claim construction. A full explanation of…
In a unanimous 7-0 decision on July 27, 2023, the Ohio Supreme Court affirmed the Ohio Power Siting Board’s decision to issue a certificate for environmental compatibility and public need. The approved certificate authorizes the construction of the Emerson Creek Wind Farm by Firelands Wind LLC. Located in Huron and Erie counties, this wind-generation project…
Arbitration has traditionally served as an alternative to litigation in the field of construction disputes. Many construction agreements incorporate clauses that reference arbitration, with several of these bringing into play particular rules set by designated arbitration providers. Lately, though, procedural issues within this area have been brought to light, particularly pertaining to the state of…
In the 19th Century, a man named Homer Plessy, who was seven-eighths White and one-eighth Black, was once pejoratively referred to as an “octoroon”. Plessy grew up during the age of Reconstruction in New Orleans, a time when people of color were granted expanded civic and political rights. However, this era of relative racial progress…
Swift action is the watchword for residential property developers in the UK as the Building Safety Act Responsible Actors Scheme (“RAS”) commences enforcement. Provisions of the Responsible Actors Scheme, which came into effect on 23 July 2023, mandate remediation of fire safety defects in relevant buildings by developers, failure of which could result in them…
In a recent development in financial regulations, the Board of Governors of the Federal Reserve System has published a working paper titled “Can Measurement Error Explain Slow Productivity Growth in Construction?”. The key essence of the paper is to address and potentially rectify the perceived slow productivity in the construction sector. With a primary focus…