In the News

Two recent court decisions—Kwong v. United States, 179 Fed. Cl. 382 (Nov. 25, 2025), and Abdo v. Commissioner (U.S. Tax Court, 2025)—are drawing attention for a practical reason: they may create new opportunities for businesses and high-net-worth individuals to recover interest and penalties paid during the COVID-19 pandemic. While the legal de…

Fennemore is pleased to highlight a significant and favorable development for Colorado’s construction industry. On April 6, 2026, the Colorado Supreme Court issued a landmark decision on Ralph L. Wadsworth Construction Co. v. Regional Rail Partners, clarifying the scope of recoverable claims under the Colorado Public Works Act —bringing long-ne…

Nevada Lawyer April 2026, State Bar of Nevada, reprinted with permission. Nevada has a long-standing history rooted in mining. What is new, and legally consequential, is the ever-increasing role Nevada now plays in the nation’s broader critical minerals supply chain. As federal policy pushes aggressively toward domestic production of lithium, cop…

For claimants with unpatented mining claims, now is a good time to assess legal risks. Rising metal prices and renewed focus on domestic mineral supplies have spurred a resurgence in mining activity on federal lands across the West. In January, gold prices crested at a record $5,000 per ounce. This followed the addition of ten new minerals to the U…

Construction insurance is not a predictable risk—it is an escalating one. Claims are rising in both frequency and severity, driven by labor shortages, increasing project complexity, and a more aggressive litigation environment. Financial exposure is accelerating as well. U.S. liability losses have climbed by tens of billions over the past decade,…

On December 3, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in San Luis Obispo Coastkeeper et al. v. County of San Luis Obispo, addressing the limits of injunctive relief under the Endangered Species Act when court-ordered measures designed to protect one listed species may pose risks to others. The case arose from long-r…