In a long-anticipated move, the National Labor Relations Board (NLRB or Board) released its decision on August 25, 2023, regarding Cemex Construction Materials Pacific (Cemex) captured in NLRB Case No. 28-CA-230115. The situation with Cemex revolved around accusations of unfair labor practices (ULPs) that were committed before, during, and after a so-called “critical period” of…
For many corporate legal counsels and conscientious professionals, capital projects and their financing often present unique legal obstacles. A recent legal development, however, could serve as a prescedential blueprint for future efforts. Primarily, the question of whether annual assessments can cover the cost of a new capital project has found its answer in a recent…
The National Labor Relations Board (NLRB) recently brought forth revisions that stand to significantly shift the dynamics between unions and nonunion companies. The alterations stem from a decision rendered on August 25, 2023, involving Cemex Construction Materials Pacific, LLC (Cemex), and constitute a remarkable deviation from long-established legal precedences set over the past 50 years….
In a pivotal turn of events from August 24 and 25, 2023, the National Labor Relations Board (NLRB) issued new regulations and a watershed decision that significantly alter the union election process. The fresh approach deviates from longstanding precedents and ushers a significant transformation in the way union elections are conducted. The NLRB has introduced…
On Friday, the National Labor Relations Board (“NLRB” or the “Board”) made a paradigm-shifting decision, profoundly limiting employers’ rights to demand a secret ballot election. This unprecedented move has effectively overturned 50 years of labor law, indicating a potential shift in the Board’s traditionally balanced stance. The decision was issued in response to the case…
On August 14, the Office of Management and Budget (OMB) unveiled the final guidance on the implementation of the Build America, Buy America Act (BABA). This announcement came as part of an effort to advance the usage of American-made materials in federally-funded infrastructure programs. Originally signed into law on November 15, 2021, as a key…
In a significant departure from longstanding policy, the National Labor Relations Board (NLRB) on August 25, 2023, overturned its half-century-old precedent, set in 1971’s Linden Lumber, to bring back a version of the 1949 Joy Silk doctrine. This information is confirmed by Hinshaw & Culbertson, a law firm specializing in Employment Law. The NLRB’s decision…
New rules favoring mandatory union recognition and affecting the nature of employee voting in secret-ballot elections have been influenced by recent changes at the National Labor Relations Board (NLRB). These drastic modifications have led to changes in processes for unions that are seeking recognition amongst the majority of private sector employees in the United States….
A noteworthy milestone has been passed—ten years since Brazil implemented its pioneering anti-corruption law. This legislation has paved the way for numerous investigations and criminal charges. Unsurprisingly, these developments have also led to an influx of work—for both local and international law firms. A case that still echoes in the corridors of justice is the…
Legal heavyweights White & Case and Nishimura & Asahi have been serving as counsel in a significant transaction in the corporate world – the unsolicited takeover bid for Tokyo-listed marine construction firm, Toyo Construction, by investment company Yamauchu-No.10 Family Office. One of the largest investment firms in Japan, Yamauchu-No.10 manages approximately $1.5 billion in assets…
A decade has elapsed since Brazil incorporated a significant anti-corruption law, leading to multiple investigations, criminal charges, and a considerable amount of work for both local and international law firms. This law has been integral in tailing corruption within Latin America’s largest economy, trapping politicians and executives across the Americas, additionally providing ample work to…
The legal landscape of union recognition has witnessed considerable alterations. On August 25, 2023, The National Labor Relations Board (NLRB) released a ruling in regard to Cemex Construction Materials Pacific, LLC, establishing a new rule for determining when employers must negotiate with unions without a representation election. Cemex Construction Materials Pacific, LLC has thus become…
In the October 2022 term, the Supreme Court issued 58 opinions with several rulings poised to affect the practice of regulatory and administrative law, either directly or indirectly. Prior to the court’s adjournment, it released a calendar of cases set to be argued in October 2023, with the potential for more cases to be scheduled…
In the complex landscape of construction law, two foundational elements often stand out as cornerstones of firm—and sometimes contentious— debate: implied warranties and design delegation. Both factors play critical roles in creating a strong, dispute-resistant construction contract and thus, demand the keen attention of legal professionals. The importance of these aspects was highlighted in an…
On August 16, 2023, New York’s Governor Kathy Hochul signed into law the Roadway Excavation Quality Assurance Act (the Act), S.4887/A.5608. The details of the legislative development were shared by Natalie C. Vogel from the law firm Bond Schoeneck & King PLLC in her article released on JD Supra. This piece of legislation brings significant…
In a recent decision that resonates with environmentalists and legal professionals alike, the United States District Court for the District of Columbia addressed a critical aspect of the Endangered Species Act (ESA). The judgment dealt with the U.S. Fish and Wildlife Services’ refusal to designate a critical habitat for the endangered Rusty Patched Bumble Bee….
On August 23, 2023, the White House Office of Management and Budget (OMB) issued its final guidance, a noteworthy shift in policy that endeavors to implement the Build America, Buy America (BABA) provisions of the Infrastructure Investment and Jobs Act (IIJA). Hogan Lovells, a multinational legal practice, delivered a detailed examination of these developments. The…
Recent actions of District of Columbia’s Attorney General, Brian Schwalb, suggest a heightened focus on wage theft issues across the jurisdiction. Most recently, AG Schwalb has secured a settlement with Prestige Drywall LLC, a construction company accused of misclassifying its employees as independent contractors. This misclassification allegedly led to workers not receiving their rightful overtime…
On August 7, a critical legal precedent was set in the realm of patent law. In the case of Axonics, Inc. v. Medtronic, Inc., the Federal Circuit ruled that the Patent Trial and Appeal Board (PTAB) must consider an inter partes review (IPR) petitioner’s arguments even if they were made for the first time in…
In the realm of renewable energy projects, the term “site control” refers to an arrangement that bestows rights allowing the use of real property for primary due diligence and planning, eventually leading to the erection, development, functioning, and care of a renewable energy project. This intricate element of renewable energy law has recently come into…
When Peter Zaman was hired by Holman Fenwick Willan in 2021, his role as a climate finance and environmental products expert was clearly aligned with the firm’s energy, commodities, aerospace, shipping, construction and insurance sectors in Asia. All of these sectors deal heavily with fossil fuels, indicating a problem that Zaman, a former partner at…
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”….