News & Analysis as of

Port Authority

Brexit: IoT to the rescue?

by Womble Bond Dickinson on

For retailers, speed and efficiency in supply chains are paramount. With the possibility of a "hard" or "no deal" Brexit, retailers must adapt to a new operating environment. The UK government is exploring the potential for...more

Owners Should Avoid Exercising Control over Contractors Means and Methods of Performing the Work - Construction and Procurement...

An owner that dictates a contractor’s means and methods of constructing a project can be liable to the contractor for breach of contract. In the Port of Houston Auth. v. Zachry Constr. Corp., a case from one of the courts of...more

Port Authority Not Subject to Worker-Friendly New Jersey Whistleblower Law, State Court Rules

by Jackson Lewis P.C. on

The Port Authority of New York and New Jersey is not subject to suit under New Jersey’s expansive whistleblower statute, the Conscientious Employee Protection Act, the New Jersey Appellate Division has held. Sullivan v. Port...more

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

by Pepper Hamilton LLP on

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

FCPA enforcement was a key priority this week. The Commission filed two settled actions. Once involved a recidivist in which the firm made admissions in resolving the matter with the DOJ. ...more

Port Authority of New York and New Jersey to Settle SEC Disclosure Law Violations - Agrees to Admit Wrongdoing and Pay Penalty for...

by Holland & Knight LLP on

The U.S. Securities and Exchange Commission (SEC) announced on Jan. 10, 2017, that the Port Authority of New York and New Jersey (Port Authority) agreed to admit wrongdoing and pay a $400,000 penalty in connection with...more

SEC Scores First Muni Issuer's Admission of Wrongdoing

by Burr & Forman on

The Port Authority of New York and New Jersey has admitted wrongdoing and agreed to pay a $400,000 penalty to settle SEC charges that it failed to adequately disclose project risks to investors purchasing $2.3 billion in...more

NY-NJ Port Authority Admits Violating Federal Securities Laws

by Dorsey & Whitney LLP on

The Port Authority of New York and New Jersey is a significant participant in the capital markets with about $20 billion in debt outstanding. Tracing its history to 1921 when the two states entered into an interstate compact...more

The SEC’s Continuing Refinement of Internal Controls Enforcement

by Michael Volkov on

My good friend and colleague, Tom Fox, has written an interesting post on the SEC’s recent United Airlines settlement for $2.4 million for domestic bribery. As Tom has noted, the interesting aspect of the SEC’s enforcement...more

United Airlines Settles with SEC for Side-Stepping Its Own Anti-Corruption Controls: Management Override for a Ride Over to South...

In a settlement highlighting the need for public companies to implement – and adhere to – effective internal controls, United Airlines “United” recently paid a $2.4 million civil penalty to the Securities and Exchange...more

The Chairman’s Flight and the US Corrupt Practices Act

by Thomas Fox on

Earlier this week a most interesting non-Foreign Corrupt Practices Act (FCPA) bribery and corruption enforcement, actions was announced by the Securities and Exchange Commission (SEC). It involved a clear quid pro quo benefit...more

SEC, United Settle Internal Controls Case

by Dorsey & Whitney LLP on

When the Foreign Corrupt Practices Act was passed, a key portion of the statute centered on the books and records and internal control provisions written by the Commission. While the bribery provisions only apply to foreign...more

The Domestic Corrupt Practices Act Arrives According to the SEC

The Securities and Exchange Commission announced that the parent company of United Airlines has agreed to pay $2.4 million to settle charges for providing a public official with more convenient flight options. The parent...more

Massport Unveils Building Information Modeling Guidelines for Vertical and Horizontal Construction

by McCarter & English, LLP on

The Massachusetts Port Authority (Massport) recently issued a series of documents for the purpose of integrating Building Information Modeling (BIM) into new construction, substantial renovation, and major maintenance and...more

Misconduct in the C-Suite: The United Airlines Scandal

by Michael Volkov on

It was like a bolt out of the blue – United Airlines’ CEO and two senior executives hastily announced their resignation as a result of their involvement in a bribery scandal with the New York Port Authority....more

An Attorney is an Attorney is an Attorney? Not So Fast, Says Second Circuit, Shutting Down EEOC Equal Pay Act Claim

The EEOC suffered another fatal blow to its systemic discrimination initiative on Monday when the Second Circuit held that the Commission’s Equal Pay Act (EPA) complaint against the New York Port Authority was too barebones...more

Second Circuit Holds That Failure To Issue A “Litigation Hold” Will Not Result In Per Se Sanctions And Clarifies Title VII...

Chin v. Port Authority of New York & New Jersey, No. 10-cv-1904 (2d Cir. July 10, 2012): The Second Circuit Court of Appeals rejected case law holding that the failure to institute a “litigation hold” will per se result in...more

E-Discovery Developments From The Land Of Zubulake

Shortly after the turn of the century, a series of decisions emanated from the U.S. District Court for the Southern District of New York on the topic of “e-discovery.” Many would argue that Judge Shira Scheindlin’s opinions...more

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