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Leaders of Stanley Black & Decker Inc. were hit in Connecticut federa= l court Wednesday with a shareholder derivative action alleging they overto= uted demand growth the company experienced during the COVID-19 pandemic aft= er subsequent price hikes, climbing interest rates, inflation and declines = in remote work caused a downturn.

Construction

FRIDAY, = SEPTEMBER 22, 2023

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TOP NEWS

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Stanley Black & Decker Overplayed COV= ID Boost, Suit Alleges

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By Gina Kim

Leaders of Stanley Black & Dec= ker Inc. were hit in Connecticut federal court Wednesday with a shareholder= derivative action alleging they overtouted demand growth the company exper= ienced during the COVID-19 pandemic after subsequent price hikes, climbing = interest rates, inflation and declines in remote work caused a downturn.

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

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Sherwin-Williams Says NJ Must Testify Abo= ut 'Dump Site'

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By George Woolston

Sherwin-Williams has urged a New J= ersey state judge to compel testimony from the reticent New Jersey Departme= nt of Environmental Protection about the effects of the paint company's all= eged pollution at the site of one of its former manufacturing plants, argui= ng it's entitled to the requested testimony during discovery, and it's not = protected by privilege.

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

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Colo. Panel Says Contracts Can Set Accrua= l For Defect Claims

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By Thy Vo

A Colorado Court of Appeals panel = has ruled that parties to a contract can agree to a longer accrual period f= or construction defect claims than what is provided under state law, accord= ing to a published opinion Thursday that found such agreements do not viola= te public policy.

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


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DOI Seeks Alternative Ruling in Ala. Buri= al Grounds Dispute

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By Crystal Owens

The U.S. Department of the Interio= r is asking the Eleventh Circuit to reconsider an alternative to a lower co= urt's ruling that dismissed it as a defendant in a dispute between two Alab= ama tribes over a historic burial ground site, saying the case raises compl= ex questions about other sovereigns as parties in challenges to federal act= ions.

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

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FERC Muddles Through Gas Project Votes Am= id Climate Split

=09

By Keith Goldberg

The Federal Energy Regulatory Comm= ission on Thursday greenlit a quartet of gas infrastructure projects whose = votes had previously stalled, but postponed another pair of votes for at le= ast another week amid a stubborn commissioner split over the scope of the a= gency's climate change reviews.

Read full article » | Save to favorites »

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Monsanto's Track Record On PCB Warnings D= ebated At Trial

=09

By Rachel Riley

An industrial historian reviewing = Monsanto's decades-old internal files on polychlorinated biphenyls told a W= ashington state jury in a product liability case Thursday that there's evid= ence the company purged studies demonstrating the dangers of PCBs in the ea= rly 1970s amid growing public concerns about their toxicity.

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

EXPERT ANALYSIS

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What Wis. High Court Ruling Means For Cov= erage Analysis

=09 =09

Overturning insurance law preceden= t in 5 Walworth v. Engerman Contracting, the Wisconsin Supreme Court recent= ly rejected the use of the economic loss doctrine and integrated systems an= alysis in commercial general liability cases, but a strongly worded concurr= ence could indicate that the court's opinion may have limited persuasive re= ach, say Laura Lin and Pierce MacConaghy at Simpson Thacher.

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

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Contract Disputes Recap: Avoid Pleading E= rrors' Harsh Effects

=09 =09

Zachary Jacobson and Stephanie Mag= nell at Seyfarth examine three recent cases that illustrate the severe cons= equences different pleading errors may have on a government contractor's ab= ility to pursue a contract dispute, sometimes forever precluding relief reg= ardless of the merits of a claim.

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

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LEGAL INDUSTRY

From The Editor

Coming Soon: The 2023 Law360 Pulse Leader= board Rankings

=09 =09

What combination of attributes add= s up to a firm that stands above the rest? On Tuesday, we will publish the = first of our Leaderboard rankings, providing analysis and insights into wha= t it means to be a successful law firm.

Read full article » | Save to favorites »

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Pillsbury, Stroock Are In Talks For A Pot= ential Tie-Up

=09

By Xiumei Dong

Pillsbury Winthrop Shaw Pittman LL= P on Thursday confirmed it has entered into a nonexclusive letter of i= ntent with Stroock & Stroock & Lavan LLP as part of ongoi= ng discussions regarding a potential merger of the two law firms.

Read full article » | Save to favorites »

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Calif. Bar Chair Moves On After Enacting = Girardi Reforms

=09

By Brandon Lowrey

The State Bar of California's chai= r marked his last meeting Thursday with hopes that the agency will continue= forging a productive relationship with state lawmakers after the Girardi K= eese scandal led to a steady trickle of damaging revelations about past off= icials at the regulatory agency.

Read full article » | Save to favorites »

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Ex-State Street Atty Rejoins Nixon Peabod= y As Legal Chief

=09

By Aaron West

Nixon Peabody LLP has hired in-hou= se veteran William Connolly as the law firm's new general counsel and chief= legal officer, according to a Thursday announcement.

Read full article » | Save to favorites »

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Covington Client Can Stay Anonymous Durin= g SEC Appeal

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By Sarah Jarvis

A D.C. federal court ruled Thursda= y that a Covington & Burling LLP client can remain anonymous while appe= aling an order demanding the firm reveal to the U.S. Securities and Exchang= e Commission the names of some clients targeted in a 2020 cyberattack.

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

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5th Circ. Scraps $125M Ruling Over Judge-= Atty Friendship

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By Dorothy Atkins

The Fifth Circuit on Thursday vaca= ted a $124.5 million award to the tenant of a Lake Charles, Louisiana,= seaport in its yearslong contract fight with the port, finding that allega= tions the magistrate judge never disclosed her longtime friendship with the= seaport's counsel raise "serious doubts" about the port's consent for the = jurist to hear the case.

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

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Texas Judge Won't Block Biden Admin's ESG= Investing Rule

=09

By Hailey Konnath

A Texas federal judge Thursday ref= used to block a rule allowing retirement advisers to consider issues such a= s climate change and social justice when choosing investments, holding that= the rule does not violate the Employee Retirement Income Security Act.

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

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Murdaugh Admits $9M Fraud So Victims Can = 'Begin To Heal'

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By Madison Arnold

Alex Murdaugh, the South Caro= lina attorney serving a life sentence for killing his wife and son, pled gu= ilty Thursday to federal charges of stealing at least $9 million from clien= ts, saying he is taking responsibility so the people he has harmed can "beg= in to heal."

Read full article » | Save to favorites »

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Opioid MDL Special Master Fights Bias DQ = For 'Email Mistake'

=09

By Emily Sawicki

The special master overseeing the = massive opioid multidistrict litigation against pharmacy benefit managers O= ptumRX Inc. and Express Scripts Inc. is fighting a disqualification bid fil= ed following his reply-all flub, telling an Ohio federal judge on Thursday = that it is "hokey" but true that every day he reminds himself of the role's= "honor and privilege."

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

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Mich. High Court Commission To Tackle Att= y Mental Health

=09

By Carolyn Muyskens

The Michigan Supreme Court establi= shed a commission to focus on well-being in the law Wednesday, following a = task force report last month that urged the legal profession to take action= to address lawyer mental health in the Wolverine State.

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

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COMPA= NIES IN TODAY'S NEWS

Boston University

Chevron Corp.

Express Scripts Holding Co.

Greater Boston Legal Services

Motorists Mutual Insurance Co.

Natural Resources Defense Coun= cil

North American Electric= Reliability Corp.

Salary.com

Stanley Black & Decker Inc.

State Bar of California

The Sherwin-Williams Co.


<= img src=3D"https://sli.law360news.com/imp?s=3D734824&li=3D201&m=3Dd120cdb40= 65a859edc70326799a21fe8&p=3D207297" border=3D"0"/>

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LAW = FIRMS IN TODAY'S NEWS

Richard A. Harpootlian PA

Steptoe & Johnson LLP

GOVE= RNMENT AGENCIES IN TODAY'S NEWS

Armed Services Board of = Contract Appeals

Bureau of Indian Affairs

California Supreme Court

Coeur d'Alene Tribe

Colorado Supreme Court

Council on Environmental Quality=

Employee Benefits Secur= ity Administration

Federal Acquisition Regul= atory Council

Federal Energy Regulatory Co= mmission

Federal Highway Administration

National Park Service

New Jersey Depa= rtment of Environmental Protection

Ohio Supreme Court

Poarch Band of Creek Indians

U.S. Army Corps of Engineers

U.S. Att= orney's Office for the District of South Carolina

U.S. Civilian Board of Co= ntract Appeals

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

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

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

U.S. Department of Education

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Interior

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

U.S. District = Court for the District of Connecticut

U.S. Distri= ct Court for the District of South Carolina

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

U.S. Securities and Excha= nge Commission

U.S. Supreme Court

Un= ited States District Court for the Northern District of Ohio

Wisconsin Supreme Court

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