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At least one Sixth Circuit judge seemed skeptical Wednesday of a Michigan= industrial labor supplier's position that it could use nonunion workers fo= r certain machine repair jobs, after several union funds said the company o= wed them millions for work covered by a collective bargaining agreement.

Construction

THURSDAY= , JANUARY 12, 2023

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TOP NEWS

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6th Circ. Ponders CBA Title Relevance In Union Work Di= spute

=09

By Eric Heisig

At least one Sixth Circuit judge s= eemed skeptical Wednesday of a Michigan industrial labor supplier's positio= n that it could use nonunion workers for certain machine repair jobs, after= several union funds said the company owed them millions for work covered b= y a collective bargaining agreement.

Read full article »

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Claims Court Backs Protest Over $5B Navy Construction = Deal

=09

By Daniel Wilson

A U.S. Court of Federal Claims jud= ge has sustained a protest over an approximately $5 billion Navy contr= act for global emergency construction services, saying the Navy didn't prop= erly correct its initial failure to consider the reasonableness of the bidd= ers' pricing.

=20 Opinion attached |=20 Read full article »

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EPA Issues Legal Guidance On Cumulative Impacts =09

By Juan Carlos Rodriguez

The U.S. Environmental Protection = Agency on Wednesday released its first-ever legal guidance that addresses t= he famously tricky issue of how the cumulative impacts of pollution on a co= mmunity may be considered in the agency's work.

=20 1 document attached |=20 Read full article »


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'Improper Closing' Axes $12M Verdict In Fatal Fall Sui= t

=09

By Y. Peter Kang

A Florida appellate panel on Wedne= sday reversed a $12 million verdict in a suit accusing a warehouse owner of= causing the death of a repairman who fell through a skylight, saying plain= tiff's counsel's references to the Surfside condo collapse, which had occur= red days earlier, was a "clearly improper closing argument."

=20 Opinion attached |=20 Read full article »

ENFORCEMENT

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CBP Walks Back Aluminum Extrusions Finding On Remand

=09

By Rae Ann Varona

U.S. Customs and Border Protection= walked back on its finding that importers of Chinese aluminum extrusions e= vaded tariffs by going through the Dominican Republic while also addressing= procedural deficiencies in a voluntary remand.

=20 1 document attached |=20 Read full article »

LITIGATION

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Insurer's Swept Funds Suit Against Bank Largely Surviv= es

=09

By Aaron Keller

An insurance company that says it = was left on the hook for a construction contractor's multimillion-dollar de= bts can move forward with most of its claims against a bank that allegedly = swept $1.5 million from the contractor's account to settle a separate beef,= a Florida federal judge has ruled.

=20 Order attached |=20 Read full article »

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Tribal Biz Loses Appeal Of Ariz. Sales Tax On Contract= Work

=09

By Paul Williams

A tribal-owned construction contra= ctor owes Arizona transaction privilege tax on work performed on reser= vations of other Native American tribes, an Arizona appeals court ruled, fi= nding that the tax was permitted under U.S. Supreme Court precedent.

=20 Decision attached |=20 Read full article »

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LEGAL INDUSTRY

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SEC Sues Covington To Reveal Clients Affected By 2020 = Hack

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By Ben Kochman

The U.S. Securities and Exchange C= ommission is seeking a court order that would force Covington & Burling= LLP to reveal which of its clients were impacted by a 2020 cyberattack, in= an effort that the BigLaw giant says would breach its attorney-client priv= ilege.

=20 Complaint attached |=20 Read full article »

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Senators' Sullivan & Cromwell Qualms Won't Sway FT= X Judge

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By Aislinn Keely & Vince Sullivan=

FTX's bankruptcy judge on Wednesda= y brushed off four U.S. senators' concerns about the ties between law firm = Sullivan & Cromwell and the defunct cryptocurrency exchange, saying he = won't take "inappropriate ex parte communication" into account when conside= ring the approval of counsel in the case.

Read full article »

Exclusive

Ex-NY Chief Judge's Guard Cost Millions Without Approv= al

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By Frank G. Runyeon

Former New York State Chief Judge = Janet DiFiore's around-the-clock chauffeur and protection detail cost taxpa= yers an estimated $1 million a year while she was in office, but there is n= o record of any written approval for the unprecedented escort, Law360 found= .

Read full article »

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Orrick Takes Up High Court Fight Over Naming AI On Pat= ents

=09

By Andrew Karpan

A top lawyer at Orrick's Supreme C= ourt practice has indicated that he's helping take up a legal campaign seek= ing to get the country's highest court to force the U.S. Patent and Tradema= rk Office to examine patent applications that list an artificial intel= ligence machine as an inventor.

=20 1 document attached |=20 Read full article »

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Supreme Court Lets New York's New Gun Law Stand, For N= ow

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By Jimmy Hoover

The U.S. Supreme Court on Wednesda= y allowed New York to continue enforcing new restrictions on conc= ealed carry licenses while state officials appeal an unfavorable distr= ict court ruling in the Second Circuit.

=20 Order attached |=20 Read full article »

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Atty Urged Clients To 'Infect' Trustee Counsel, Judge = Says

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By Andrew Strickler

A Colorado lawyer who urged his cl= ients to infect another attorney with a "nasty" disease, part of a bizarre = litany of misdeeds during a bankruptcy case, was suspended from a Denver fe= deral court for three years on Wednesday.

=20 Opinion attached |=20 Read full article »

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Littler Starts New Paris Operation After Split With Fr= ench Firm

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By Emily Lever

Littler Mendelson has recruited 65= lawyers from French management-side employment firm Fromont Briens after d= issolving a long-standing partnership with Fromont Briens earlier this mont= h, the firm confirmed to Law360 Pulse on Wednesday.

Read full article »

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Cybersecurity Tops GCs' List Of Dispute Worries For 20= 23

=09

By Emily Sawicki

In-house counsel at some of the wo= rld's largest and most successful corporations are predicting cybersecurity= issues as the No. 1 litigation threat going into 2023, according to a new = report from Baker McKenzie.

Read full article »

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Ex-Gordon & Silber Atty Eyes Plea Deal In $1.2M Fr= aud Case

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By Pete Brush

A former Gordon & Silber PC pa= rtner is considering a plea deal with state prosecutors who accuse him of s= tealing $1.2 million from his now-defunct law firm and spending the money o= n diamond jewelry, a Manhattan judge heard Wednesday.

=20 Decision attached |=20 Read full article »

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Pound Law Sues USPTO Over Rejection Of '#Law' Trademar= k

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By Bonnie Eslinger

Legal services provider Pound Law = sued the U.S. Patent and Trademark Office on Wednesday in Florida federal c= ourt over the agency's decision to reject its attempt to trademark "#Law," = saying the evidence shows that it's used as both a memorable telephone numb= er and a trademark.

=20 Complaint attached |=20 Read full article »

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COMPA= NIES IN TODAY'S NEWS

APTIM Corp.

Crum & Forster Holdings Corp.

FTX US

FineMark National Bank & Trust=

Microsoft Corp.

Surfside


<= img src=3D"https://sli.law360news.com/imp?s=3D734824&li=3D201&m=3Dd120cdb40= 65a859edc70326799a21fe8&p=3D183334" border=3D"0"/>

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LAW = FIRMS IN TODAY'S NEWS

Law Offices of Sean M. Cleary

GOVE= RNMENT AGENCIES IN TODAY'S NEWS

Arizona Department of Revenue

Bureau of Indian Affairs

Federal Acquisition Regul= atory Council

Federal Bureau of Investigation

Government Accountability Office=

Navajo Nation

New York Attorney General'= s Office

U.S. Bankruptcy= Court for the District of Delaware

U.S. Court of Appeals = for the Sixth Circuit

U.S. Customs and Border Protect= ion

U.S. Department of Justice

U.S. District Cou= rt for the District of Columbia

U.S. Distri= ct Court for the Middle District of Florida

U.S. Environmental Protection= Agency

U.S. Patent and Trademark Office<= /a>

U.S. Securities and Excha= nge Commission

U.S. Supreme Court

Uni= ted States Bankruptcy Court for the District of Colorado

Ute Mountain Ute Tribe

White Mountain Apache Tribe

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