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A new U.S. Department of Labor rule remaking how prevailing wages are det= ermined for federal construction projects is likely to draw lawsuits from c= ontractors, not only for its headline change but other new requirements suc= h as liability assumption and data retention.

Construction

WEDNESDA= Y, AUGUST 9, 2023

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TOP NEWS

Analysis

DOL's New Wage Rule With Extra Liabilitie= s May See Lawsuits

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By Daniel Wilson

A new U.S. Department of Labor rul= e remaking how prevailing wages are determined for federal construction pro= jects is likely to draw lawsuits from contractors, not only for its headlin= e change but other new requirements such as liability assumption and data r= etention.

Read full article » | Save to favorites »

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GAO Rejects Dam Construction Deal's Buy A= merican Waiver

=09

By Alyssa Aquino

A federal watchdog has called on t= he U.S. Army Corps of Engineers to pull back a $4.2 million construction co= ntract, ruling in a decision released Tuesday that the corps improperly wai= ved "Buy American" requirements to award the deal.

=20 Decision attached |=20 Read full article » | Save to favorites »

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FERC Prods DC Circ. To Affirm Vacated Cal= l In Pipeline Suit

=09

By Madeline Lyskawa

The Federal Energy Regulatory Comm= ission is urging the D.C. Circuit to again affirm the dismissal of a consti= tutional challenge from landowners regarding the commission's delegation of= eminent-domain authority to private companies for the $6 billion Mountain = Valley gas pipeline.

=20 3 documents attached |=20 Read full article » | Save to favorites »


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Commerce Stands By German Electricity Sub= sidy Findings

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By Rae Ann Varona

The U.S. Department of Commerce ag= ain stood by countervailing tariffs it imposed on German forged steel fluid= block ends, telling the U.S. Court of International Trade that the German = government limited which businesses could access a government electricity p= rogram's benefits.

=20 Decision attached |=20 Read full article » | Save to favorites »

POLICY & REGULATION

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Biden Designates National Monument Near G= rand Canyon

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By Ali Sullivan

President Joe Biden on Tuesday des= ignated lands surrounding Grand Canyon National Park as a national monument= , making nearly 1 million acres of federal lands in Arizona permanently off= -limits for new uranium mining.

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DOL Finalizes Wage Calculations For Const= ruction Industry

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By Daniel Wilson

The U.S. Department of Labor final= ized a rule Tuesday that will change how prevailing wages for federally fun= ded construction projects are calculated, the biggest overhaul to wage dete= rminations under the Davis-Bacon Act in decades, according to the White Hou= se.

=20 Final Rule attached |=20 Read full article » | Save to favorites »

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Georgia Seeks Ideas For Hydrogen Fueling = Network

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By Tom Lotshaw

Georgia's officials said they are = asking the private sector to share thoughts on how the Peach State — = which aims to become an electric-mobility capital — can best approach= the development and deployment of hydrogen fueling stations to serve truck= s and other commercial fleet vehicles in coming years.

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LITIGATION

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9th Circ. Won't Alter Penalties For J-M P= ipe Co.'s False Claims

=09

By Rachel Riley

The Ninth Circuit agreed with a lo= wer court Tuesday that although pipe manufacturer J-M Manufacturing had fal= sely represented its products as meeting industry standards in sales to pub= lic agencies, that doesn't mean the municipalities and water districts that= purchased them are entitled to the cost of ripping out and replacing every= piece.

=20 Opinion attached |=20 Read full article » | Save to favorites »

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Judge Sides With Canadian Co. In Mich. Sa= nd Mine Dispute

=09

By Carolyn Muyskens

A Canadian mining company can make= and ship concrete aggregate at a sand mine it took over from a Michigan co= mpany, a federal judge has found, handing Canadian Silica Industries a win = after a yearslong dispute over the terms of the 2017 handoff.

=20 Opinion attached |=20 Read full article » | Save to favorites »

PEOPLE

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Squire Patton Brings On McGlinchey Litiga= tor In Houston

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By Madison Arnold

A longtime McGlinchey Stafford PLL= C litigation partner has jumped to Squire Patton Boggs LLP in Houston.

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EXPERT ANALYSIS

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Trends Emerge In High Court's Criminal L= aw Decisions

=09 =09

In its 2022-2023 term, the U.S. Su= preme Court issued nine merits decisions in criminal cases covering a wide = range of issues, and while each decision is independently important, when v= iewed together, key trends and takeaways appear that will affect defendants= moving forward, says Kenneth Notter at MoloLamken.

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In-Office Engagement Is Essential To Ass= ociate Development

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As law firms develop return-to-off= ice policies that allow hybrid work arrangements, they should incorporate t= he specific types of in-person engagement likely to help associates develop= attributes common among successful firm leaders, says Liisa Thomas at Shep= pard Mullin.

Read full article » | Save to favorites »

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LEGAL INDUSTRY

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ABA Strengthens Client Due Diligence Rule= s

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By Tracey Read

After two hours of debate at its a= nnual meeting in Denver, the American Bar Association's policymaking body o= n Tuesday approved changes to its Model Rules of Professional Conduct that = could affect attorney procedures with clients.

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ABA's New Prez-Elect Calls For Being 'Hom= e For All Lawyers'

=09

By Jack Karp

The American Bar Association's new= president-elect, Thompson Coburn LLP partner Bill Bay, wants the organizat= ion to be an inclusive and welcoming home for all lawyers, and said the ABA= should embrace the change needed to make that happen.

Read full article » | Save to favorites »

Analysis

Court Scorn For LeClairRyan Deal Is Legal= And Personal

=09

By Andrew Strickler

Vigorous resistance from two Virgi= nia federal judges about a settlement proposal with a BigLaw founder was bo= th legal and personal, experts tell Law360 Pulse, and should act as a warni= ng about how to get courts to toss previous decisions as part of a settleme= nt.

=20 Settlement attached |=20 Read full article » | Save to favorites »

Analysis

SEC Rules Making Cyber Disclosures Public= May Raise Risk

=09

By Allison Grande

The U.S. Securities and Exchange C= ommission's recently finalized cybersecurity rules bring out of the shadows= disclosures that companies have typically been able to keep private or rev= eal in a controlled manner, ramping up the potential for increased attentio= n from regulators and shareholders — as well as hackers.

=20 Final Rule attached |=20 Read full article » | Save to favorites »

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BakerHostetler Asks To Drop PetroSaudi Du= e To Unpaid Fees

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By Dorothy Atkins

BakerHostetler has asked a Califor= nia federal judge to allow it to withdraw from representing a PetroSaudi un= it because of mounting unpaid legal fees, weeks after telling the Ninth Cir= cuit that PetroSaudi planned to take its fight over the Biden administratio= n's effort to seize a nearly $380 million arbitral award to the U.S. Suprem= e Court.

=20 Brief attached |=20 Read full article » | Save to favorites »

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Fenwick & West Set Up 'Shadowy Entiti= es' For FTX, Suit Says

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By Lauren Berg

In a proposed class action filed i= n California federal court, a group of FTX customers are the latest to= accuse the bankrupt crypto exchange's former counsel Fenwick & West LL= P of creating "shadowy entities" through which FTX and ex-CEO Sam Bankman-F= ried misused billions in customer deposits.

=20 Complaint attached |=20 Read full article » | Save to favorites »

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Patent Owner Again Pushes Fed. Circ. For = Judge Recusal

=09

By Adam Lidgett

Cellspin is continuing its bid to = persuade the Federal Circuit to retroactively disqualify a California feder= al judge from an intellectual property suit involving Google unit Fitbit LL= C, saying the case has broad implications for the American judicial system.

=20 Brief attached |=20 Read full article » | Save to favorites »

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LA Times Beats Geragos' Libel Suit Over G= enocide Payouts

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By Gina Kim

A California state judge ended att= orney Mark Geragos' libel suit against the Los Angeles Times over its cover= age of a $37 million settlement for Armenian Genocide victims that prompted= a State Bar probe, noting in an order made public on Tuesday that the repo= rters never accuse Geragos of misappropriation, theft or embezzlement.

=20 Order attached |=20 Read full article » | Save to favorites »

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Simpson Thacher Team To Focus On Equity A= nd Civil Rights

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By Kevin Penton

Simpson Thacher & Bartlett LLP= is launching a team that will specialize in examining how clients are hand= ling diversity, equity and inclusion, the firm announced Tuesday.

Read full article » | Save to favorites »

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Ex-BigLaw Atty Seeks Bond Ahead Of Murder= Retrial

=09

By Rosie Manins

Former Fisher Phillips partner Cla= ud Lee "Tex" McIver III has again asked an Atlanta judge to grant him bond = ahead of an October retrial over the fatal shooting of his wife, saying he'= s found an apartment nearby to live in.

=20 Motion attached |=20 Read full article » | Save to favorites »

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Sysco, Burford Defend Swap In Minn. Pork= Price Case

=09

By Andrew Strickler

A recent spat between Sysco and le= gal investment firm Burford Capital over control of settlement approval is = irrelevant to their "straightforward" request to swap in a Burford-affiliat= ed entity as plaintiff in a pork price-fixing lawsuit, the food distributio= n giant told a Minnesota federal court this week.

=20 2 documents attached |=20 Read full article » | Save to favorites »

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COMPA= NIES IN TODAY'S NEWS

AXA SA

American Bar Association

Associated General Con= tractors of America

Axon Enterprise Inc.

Burford Capital LLC

Center for Biological Divers= ity Inc.

London Court of Intern= ational Arbitration

Los Angeles Times

Loyola University New Orleans

Missouri Bar Association

National Associ= ation of Criminal Defense Lawyers

Nike Inc.

State Bar of California

Sysco Corp.

The Bar Association= of Metropolitan St. Louis

The Southern Co. Inc.

Triumph Foods LLC

Twitter Inc.

Tyson Foods Inc.

U.S. Chamber of Commerce

Under Armour Inc.

United Nati= ons Commission on International Trade Law


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LAW = FIRMS IN TODAY'S NEWS

Davis Wright Tremaine

GOVE= RNMENT AGENCIES IN TODAY'S NEWS

Commodity Futures Trading Co= mmission

European Union

Executive Office of the Preside= nt

Federal Energy Regulatory Co= mmission

Federal Trade Commission

Food and Drug Administration

Georgia Department of Transp= ortation

Georgia Supreme Court

Hopi Tribe

Internal Revenue Service

Navajo Nation

Nevada Attorney General's Of= fice

New York Department of = Financial Services

State of Nevada

Supreme Court of Missouri

Tennessee Valley Authority

U.S. Army

U.S. Army Corps of Engineers

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

U.S. Ba= nkruptcy Court for the Eastern District of Virginia

U.S. Co= urt of Appeals for the District of Columbia Circuit

U.S. Court of Appeal= s for the Federal Circuit

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

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

U.S. Department of Commerce

U.S. Department of Energy

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. Di= strict Court for the Central District of California

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

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

U.S. Dis= trict Court for the Northern District of Illinois

U.S. Dist= rict Court for the Western District of Michigan

U.S. Government Accountabili= ty Office

U.S. Securities and Excha= nge Commission

U.S. Supreme Court

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