Legal News

Sunrun launches U.S. virtual power plant - Bullet Solar Industry Magazine – June 17 - Sunrun Inc. and Southern California Edison (SCE) are working together to launch one of the first residential energy storage virtual power plants in operation in the U.S. Beginning this month and continuing through mid-2021, Sunrun and SCE will network up to 300 of Sunrun’s Brightbox home solar and rechargeable battery systems across Southern California to demonstrate how clean energy stored in the...By: A...

United States Army Corps of Engineers v. John C. Grimberg Co., Inc., No. 2019-1608, 2020 BL 215269 (Fed. Cir. June 9, 2020) - The Court of Appeals for the Federal Circuit reversed a decision by the Armed Services Board of Contract Appeals (“Board”), which had found in favor of a contractor on a Type I differing site condition claim....By: Pepper Hamilton LLP

As construction continues and resumes during the COVID-19 pandemic, unionized construction employers must be mindful of the terms of their collective bargaining agreements (CBAs) when implementing workplace responses to COVID-19......By: Jackson Lewis P.C.

Employers have encountered COVID-19-related unique and challenging workplace law circumstances in multiemployer construction sites. For example, a hospital under construction may have imposed COVID-19 testing requirements on its general contractor, which, in turn, imposed testing requirements on the numerous subcontractors on the job site. Such situations require reviewing contractual and legal obligations......By: Jackson Lewis P.C.

On May 21, 2020, the Securities and Exchange Commission (the “SEC”) adopted amendments (the “Amendments”) to streamline the financial statement disclosures that are required in connection with acquisition and disposition transactions by U.S. public companies. The Amendments will, among other things (i) revise the requirements for financial statements and pro forma financial information for acquired businesses, (ii) revise the tests used to determine significance of acquisitions and dispositi...

The European Commission’s ability to block mergers in oligopolistic markets is likely to be more restricted as it faces greater evidential hurdles in meeting the higher standard of proof imposed by the EU General Court, which could lead to more consolidation attempts by competitors in these markets....By: Morgan Lewis

Since March 2020, workers have expressed elevated concerns about their exposure to COVID-19 on construction sites. As states lift restrictions on construction work, employers should note that the Occupational Safety and Health Administration (OSHA) limits workers’ ability to refuse work......By: Jackson Lewis P.C.

The COVID-19 crisis portends a new and troubling outlook for construction contractors and other employers participating in multiemployer pension plans. While many multiemployer pension plans had been recovering enough from the 2007–2009 Great Recession to have their current funding levels approach or exceed their pre-Great Recession funding levels, the COVID-19 crisis threatens those recoveries and the solvency of the most financially troubled plans......By: Jackson Lewis P.C.

The use of cloth face coverings (masks) in the construction workplace is one of the preventive measure in the Occupational Safety and Health Administration’s (OSHA) guidance specific to the construction industry on how to prevent the spread of COVID-19. In addition to OSHA guidance, employers in the industry must consult Centers for Disease Control and Prevention (CDC) information and local governments requirements......By: Jackson Lewis P.C.

The Situation: The U.S. Department of the Treasury ("Treasury Department") recently issued proposed regulations that will alter and in some cases expand the scope of critical technology foreign investments subject to mandatory review by the Committee on Foreign Investment in the United States ("CFIUS" or "Committee"). The Result: The proposed regulations align CFIUS' mandatory review of foreign investments in critical technology U.S. businesses with existing export control regimes, which could....