On May 22, the Supreme Court in Kousisis, et al., v. United States,[1] affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department of Transportation (DOT) and the Pennsylvania Department of Transportation (PennDOT) by exploiting the DOT’s disadvantaged business enterprise (DBE) program in connection with two Philadelphia construction projects.[2] As explained below, the Court resolved a divide among the circuits over the validity of a federal fraud conviction where the defendant did not seek to cause the victim net pecuniary loss. The Court held that where a fraudster seeks to induce the government into a transfer of its money or property, that loss is sufficient to sustain a fraud conviction, regardless of whether the government has suffered pecuniary loss.

Practice Recognized for Major Deals, Litigation Wins in 2024

Troutman Pepper Locke’s Construction Practice Group was recognized among Law360’s Practice Groups of the Year. Marking its third year receiving this prestigious recognition, the firm was among only five to receive the 2024 Practice Group of the Year designation in the Construction category.

In 2024, the solar energy generation industry experienced its largest-ever annual rise globally, fueled by China’s 44% solar output boost from January to November 2024.[1] Solar energy output also continues to expand domestically, with the U.S. generating approximately 283 terawatt-hours in 2024, comprising a 14.7% share of the global market. In fact, domestically, solar energy now accounts for more than half of all new electricity on the grid, and, with a continued focus on renewable energy, is projected to continue to grow.[2]

Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way for states and localities to effectively create a new and reliable supply of potable water.

Since…

Accreditation: An extract from Thomas Reuters Practical Law. The full document is available at https://content.next.westlaw.com/practical-law/document/Ia6598a02a95a11ee8921fbef1a541940/Discovery-Disclosure-in-US-Construction-Arbitration.

Troutman Pepper attorneys Albert Bates, Zach Torres-Fowler, and Jamey Collidge published a Practice Note explaining key issues in the discovery (disclosure) process of a domestic US construction arbitration, such as conducting disclosure in an…

As readers of this blog know, public-private partnerships (P3s) have long been used to develop public infrastructure projects such as highways, bridges, tunnels, transit networks, convention centers and a host of other infrastructure projects. Can the P3 model also be used more extensively in the health care sector? In a…

This article was originally published in the November-December 2023 issue of Pratt’s Energy Law Report and is republished here with permission.

As the nation’s largest energy consumer, the U.S. federal government plans to curb greenhouse gas emissions across its expansive portfolio of more than 350,000 federal buildings. In a pioneering…

Reposted from The Dispute Resolver with permission.

A recent decision by the Georgia Court of Appeals, Munro v. Georgia Department of Transportation, highlights how overly specific and inflexible rules of evidence can create peculiar results.

Munro involved a dispute over the design of a Georgia intersection. No. A23A0404…

In 2023, the construction industry saw significant developments, such as a downward trend in the commercial real estate market, a continued focus on sustainability, and the ongoing impact of the Infrastructure Investment and Jobs Act. International construction arbitration remained a preferred dispute resolution method for large-scale projects, while the energy…