=09

Private equity firm Clayton Dubilier & Rice LLC cheated investors in = Cornerstone Building Brands Inc. with an "unfair" $5.8 billion take-private= deal that violated standstill provisions of a previous shareholder agreeme= nt, according to two proposed class actions filed in Delaware's Chancery Co= urt.

Construction

FRIDAY, = FEBRUARY 3, 2023

=20

=20 =20

TOP NEWS

=20

Clayton Dubilier's $5.8B Cornerstone Deal Is 'Unfair,'= Suits Say

=09

By Brian Steele

Private equity firm Clayton Dubili= er & Rice LLC cheated investors in Cornerstone Building Brands Inc. wit= h an "unfair" $5.8 billion take-private deal that violated standstill provi= sions of a previous shareholder agreement, according to two proposed class = actions filed in Delaware's Chancery Court.

Read full article »

=20

End Is Near In Fight Over Plant Upgrade For $1B Power = Line

=09

By Keith Goldberg

NextEra Energy and the developer o= f a proposed $1 billion transmission line in New England have largely resol= ved their fight over a power plant upgrade that's crucial to the line's com= pletion, but the Federal Energy Regulatory Commission won't let NextEra shi= ft certain upgrade costs to the transmission developer, according to an ord= er issued Wednesday.

=20 Order attached |=20 Read full article »

=20

Ga. Hotel Says Bridge Construction Damaged Its Propert= y

=09

By Grace Dixon

The owner of a Savannah, Georgia, = hotel has filed suit against the Georgia Department of Transportation in st= ate court, alleging that a bridge the agency built 350 feet away damaged th= e hotel's foundation and walls.

=20 Complaint attached |=20 Read full article »


=

=20

Landscaping Co. Barred From H-2B Program For Denying P= ay

=09

By Micah Danney

The U.S. Department of Labor has b= anned a Denver landscaping company from hiring workers on H-2B visas for fi= ve years for denying overtime pay to foreign workers it employed through th= e program.

Read full article »

=20

McDonald's Supplier's Fire Suit Thrown Back To State C= ourt

=09

By Elizabeth Daley

A McDonald's equipment supplier su= cceeded in getting its suit against its insurer over damages from an Illino= is McDonald's fire remanded to state court by a Texas federal judge thanks = to lack of agreement for the removal.

=20 Order attached |=20 Read full article »

ENFORCEMENT

=20

Brothers Plead Not Guilty To Energy Contract Kickbacks=

=09

By Brian Dowling

Two Massachusetts brothers accused= of paying kickbacks to get millions of dollars' worth of state-subsidized = energy efficiency contracts pled not guilty on Thursday to a second batch o= f federal charges.

Read full article »

PEOPLE

=20

Winstead Promotes Largest Shareholder Class With 14 At= tys

=09

By Adrian Cruz

Texas firm Winstead PC named 14 at= torneys as shareholders at the end of January, which marks its largest ever= promotion class, according to an announcement from the firm.

Read full article »

EXPERT ANALYSIS

=20

Navigating DOJ's Fresh Focus On Criminal Monopoly Char= ges

=09 =09

For the first time in nearly 45 ye= ars, the U.S. Department of Justice has brought criminal charges for violat= ions of Section 2 of the Sherman Act in two very different cases, displayin= g a renewed willingness to level criminal charges for price-fixing or other= coordination under both Sections 1 and 2, say attorneys at Foley & Lar= dner.

Read full article »

=20

Litigators Should Approach AI Tools With Caution =09 =09

Artificial intelligence tools like= ChatGPT hold potential to streamline various aspects of the litigation pro= cess, resulting in improved efficiency and outcomes, but should be carefull= y double-checked for confidentiality, plagiarism and accuracy concerns, say= Zachary Foster and Melanie Kalmanson at Quarles & Brady.

Read full article »

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LEGAL INDUSTRY

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Senate Panel Approves 15 Judge Picks In 1st Votes Of Y= ear

=09

By James Arkin

The Senate Judiciary Committee app= roved 15 judicial nominees Thursday, teeing up the first tranche of federal= court picks available for confirmation votes this year by the newly expand= ed Democratic majority.

Read full article »

=20

Minn. District Judge Taking Senior Status

=09

By James Arkin

Judge John R. Tunheim of the U.S. = District Court for the District of Minnesota declared this week his intent = to move to senior status, giving President Joe Biden another vacancy to fil= l on the court.

=20 Letter attached |=20 Read full article »

=20

Fla. Justices Erase 'Diversity' From Judicial Educatio= n Rule

=09

By Madison Arnold

The Florida Supreme Court on Thurs= day eliminated language from its continuing education requirements for judg= es that said courses in "fairness and diversity" could fulfill a judicial e= thics class mandate, but one justice "strenuously" dissented.

=20 Opinion attached |=20 Read full article »

Analysis

In Trump Probe, DA Has Options But Little Precedent

=09

By Frank G. Runyeon

As former President Donald Trump r= eportedly faces a grand jury investigation over his alleged hush money paym= ents to an adult film star in 2016, experts say Manhattan District Attorney= Alvin Bragg has a few potential charges he could wield against the former = president, even as Bragg enters uncharted territory.

Read full article »

=20

Girardi Indictment Sparks Joy, Frustration, Disbelief<= /a>

=09

By Brandon Lowrey

Before the sun rose Thursday in Ja= karta, Indonesia, Bias Ramadhan woke up and scanned his emails to find news= he thought would never come: Thomas Girardi, the American lawyer who alleg= edly stole from his family's settlement, had been indicted.

Read full article »

=20

Sullivan & Cromwell Slams 'Harassing' FTX-Related = Subpoena

=09

By Dave Simpson

Sullivan & Cromwell LLP urged = a New York state court to stop a "harassing" subpoena from investors who ar= e suing FTX promoters like Tom Brady in Florida state court and now seek do= cuments from the firm that opine about whether tokens offered by the failed= cryptocurrency exchange, its client in other matters, constituted securiti= es.

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

=20

Kyle Roche's Ex-Firm Must Sit For Depo Over Financial = Ties

=09

By Bonnie Eslinger

A California federal judge oversee= ing allegations that crypto company Dfinity sold unregistered securities or= dered a representative of the plaintiff investors' law firm to sit for a de= position on Dfinity's claim that secretly recorded comments from ex-firm pa= rtner Kyle Roche reveal financial ties that require disqualifying the firm,= formerly called Roche Freedman.

Read full article »

=20

Full 10th Circ. Won't Hear 'Big Lie' Attys' Bid To Nix= Sanctions

=09

By Gina Kim

The Tenth Circuit on Thursday reje= cted a bid for rehearing en banc and a request to review its decision affir= ming a Colorado federal judge's order sanctioning Trump-allied attorneys $1= 87,000 for bringing a "frivolous, politically motivated" suit over phony ri= gged 2020 election claims that should've never been filed to begin with.

=20 Order attached |=20 Read full article »

Analysis

Link Between Seat And Venue Mostly Undisturbed By COVI= D

=09

By Caroline Simson

Arbitration is famously popular fo= r its flexibility, a feature that means that the legal seat designation and= the physical venue for hearings aren't necessarily in the same place. Surp= risingly, however, lawyers tell Law360 that the ability to hold hearings an= ywhere hasn't necessarily changed the never-ending race among cities to com= pete for the business of the arbitration community.

Read full article »

=20

Gov't Denies It's 'Not Playing Ball' On Remote Hearing= s

=09

By Micah Danney

The federal government has rebuffe= d a claim by the American Immigration Lawyers Association that it is "not p= laying ball in a serious way" to provide a remote option for immigration he= arings, saying the group was the uncooperative party.

=20 Letter attached |=20 Read full article »

=20

DC Court Orders Better Legal Access At Ariz. ICE Cente= r

=09

By Alyssa Aquino

A Washington, D.C., federal court = ordered U.S. Immigration and Customs Enforcement to improve access to couns= el at an Arizona detention facility, saying the facility appears to have co= mpletely blocked attorneys' access to detainees.

=20 Order attached |=20 Read full article »

=20

The Top In-House Hires Of January

=09

By Sue Reisinger

Legal department hires during the = first month of the new year included high-profile appointments at Bayer AG,= the U.S. House of Representatives and CVS, plus several professional sport= s teams.

Read full article »

Podcast

The Term: The Jane Roberts Recruiting Story, Explained=

=09 =09

A whistleblower has come forward w= ith new details about the lucrative recruitment work that the wife of Chief= Justice John Roberts does for large law firms, including some with prolifi= c Supreme Court practices. Law360's The Term discusses the story in this we= ek's episode, with insights from an expert in the world of legal recruiting= .

Read full article »

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<= img src=3D"https://sli.law360news.com/imp?s=3D734819&li=3D201&m=3Dd120cdb40= 65a859edc70326799a21fe8&p=3D185148" border=3D"0" width=3D"100%" style=3D"wi= dth: 100%; max-width:300px !important;margin-bottom:0;"/>

=20 =09 =20

=09 =20

COMPA= NIES IN TODAY'S NEWS

American Civil Liberties Union

American Immigration Council In= c.

American Immigration La= wyers Association

Clayton Dubilier & Rice LLC

Consumer Attorneys= Association of Los Angeles

Consumer Attorneys of Californi= a

Daimler AG

Dallas Mavericks Inc.

Detroit Lions

Douglas Elliman Realty LLC

EverQuote Inc.

Express Scripts Holding Co.

Lockheed Martin Corp.

Lowe's Cos. Inc.

Major League Soccer LLC

Pac-12 Enterprises LLC

Ply Gem Holdings Inc.

Portland Timbers

SAP AG

Service Employees Interna= tional Union

Smithfield Foods Inc.

Southern Poverty Law Center

Southwest Airlines Co.

Spotify Technology SA

State Bar of California

The Center for Reproducti= ve Rights Inc.

The Home Depot Inc.

The New York Times Co.

Trump Organization Inc.

iFinex Inc.


<= img src=3D"https://sli.law360news.com/imp?s=3D734824&li=3D201&m=3Dd120cdb40= 65a859edc70326799a21fe8&p=3D185148" border=3D"0"/>

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LAW = FIRMS IN TODAY'S NEWS

Herbert Smith Freehills

GOVE= RNMENT AGENCIES IN TODAY'S NEWS

Delaware Court of Chancery

Executive Office for Immi= gration Review

Federal Bureau of Investigation

Federal Communications Commissi= on

Federal Energy Regulatory Co= mmission

Federal Trade Commission

Florida Supreme Court

Georgia Department of Transp= ortation

Georgia Ports Authority

Internal Revenue Service

New York Attorney General'= s Office

U.S= . Attorney's Office for the Central District of California

U.S. Atto= rney's Office for the District of Massachusetts

U.S. Attorne= y's Office for the District of New Jersey

U.S. Court of Appea= ls for the Eleventh Circuit

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

U.S. Department of Homeland S= ecurity

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of Transportatio= n

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

U.S. Distric= t Court for the District of Massachusetts

U.S. District Co= urt for the District of Minnesota

U.S. District C= ourt for the District of New Jersey

U.S. D= istrict Court for the Northern District of California

U.S. Distri= ct Court for the Northern District of Texas

U.S. Dis= trict Court for the Southern District of New York

U.S. House of Representatives

U.S. Immigration and Cust= oms Enforcement

U.S. Securities and Excha= nge Commission

U.S. Supreme Court

Wage and Hour Division

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