• June 23, 2017

    2nd Circ. Ruling Offers Way Out Of TCPA Litigation Jungle

    The Second Circuit ruled Thursday that the Telephone Consumer Protection Act doesn’t allow consumers who consent to receiving calls as part of a contract agreement to revoke that permission, handing a major win to businesses in their efforts to quell a popular accusation that has fanned the rush of TCPA litigation in recent years.

  • June 23, 2017

    VW Dealers Must Clarify Bosch Conspiracy Claims, Court Says

    A California federal judge sent a class action brought by Volkswagen dealers against Robert Bosch GmbH and Robert Bosch LLC back to the drawing board Friday, saying their complaint accusing the technology giants of conspiring with VW to evade emissions regulations “blurs the lines” between the companies.

  • June 23, 2017

    GM Deal Could Settle Hundreds Of Ignition Switch Claims

    General Motors LLC has agreed to a private, confidential settlement that could resolve hundreds of claims against the automaker over an allegedly defective ignition switch, GM’s lawyers said in a letter to the New York federal judge overseeing the multidistrict litigation.

  • June 23, 2017

    GM Done With NHTSA Oversight After Ignition Switch Recall

    General Motors on Thursday said it had wrapped up a three-year-long consent order with the National Highway Traffic Safety Administration over the automaker’s delayed recall of vehicles affected by an ignition switch defect, saying that it will continue working with the agency on safety issues.

  • June 23, 2017

    International Arrest Warrants Out For Ex-VW Execs

    U.S. authorities have issued international arrest warrants for five ex-Volkswagen managers under indictment in connection with the automaker’s emissions cheating scandal, a German news outlet reported on Thursday.

  • June 23, 2017

    Class Must Arbitrate Suit With Ford's Credit Arm

    An Illinois federal judge Thursday granted Ford Motor Credit Company LLC’s request to arbitrate a proposed class action alleging the company violated its obligations on a security release, saying the parties agreed to arbitrate claims about the arbitration agreement itself.

  • June 23, 2017

    German Drivers' Bid For Jones Day VW Docs Ruled Too Broad

    A New York federal judge on Friday rejected a bid by prospective plaintiffs to subpoena Jones Day for documents from the law firm's investigation of Volkswagen AG and its emissions scandal to use in their future suits in Germany against the embattled carmaker, saying their request was too broad.

  • June 23, 2017

    Mexico Hits Car Carriers With $32M Antitrust Fine

    Mexican antitrust authorities have sanctioned seven automobile shipping companies the equivalent of $32 million for alleged anti-competitive practices.

  • June 22, 2017

    NJ Gas Stations Can't Dodge Developers' Competition Suit

    A New Jersey federal judge on Thursday trimmed a suit brought by two developers but found they could continue to pursue their claims that a group of gas station companies were attempting to monopolize a local market and blocking their projects, including gasoline pumps, a Wawa convenience store, a Chick-fil-A and a bank.

  • June 22, 2017

    US PE Co. Hits Ex-Formula 1 Boss With UK Bribe Claim

    A U.S. private equity firm has claimed in British court that former Formula One racing boss Bernie Ecclestone bribed a German bank official so that the financial institution would sell its stake in F1 to a competing private equity company, according to U.K. court documents seen by Law360 on Thursday.

  • June 22, 2017

    More Than 30 Auto Parts Makers Hit With Antitrust Suits

    A group of companies that own automobile dealerships across the country sued more than 30 auto parts manufacturers in at least a dozen lawsuits filed Wednesday and Thursday as part of the sprawling multidistrict litigation in Michigan federal court over alleged price-fixing in the auto parts industry.

  • June 22, 2017

    Intellectual Ventures Didn't Own ITC Probe Patents: Car Cos.

    Automakers Honda, BMW and Toyota have argued that a U.S. International Trade Commission investigation into thermoplastic parts used in imported cars should be terminated because Intellectual Ventures never owned the patents in question, having bought them from a defunct subsidiary.

  • June 22, 2017

    2nd Circ. Tosses TCPA Suit Against Auto Financial Co.

    The Second Circuit on Thursday affirmed the dismissal of a putative class action accusing Lincoln Automotive Financial Services of violating the Telephone Consumer Protection Act, saying the man suing the company consented to receive calls when he signed his car lease.

  • June 22, 2017

    Uber Must Give Driver Info To San Francisco Tax Office

    Uber Technologies Inc. must disclose driver information to the San Francisco tax collector in response to the city’s attempt to verify that drivers are securing business licenses in accordance with local law, a Superior Court judge said Thursday, while the company continues to voice privacy concerns.

  • June 22, 2017

    Transportation Regulation & Legislation: Midyear Report

    Much-anticipated legislation reauthorizing the Federal Aviation Administration and implementing President Donald Trump's estimated $1 trillion infrastructure proposal are among the top transportation policy items still on deck for 2017. Here, Law360 examines the transportation-related legislation and regulation that attorneys will be watching closely for the rest of the year.

  • June 22, 2017

    Honda Asks To Use Takata Guilty Plea In Its Air Bag Defense

    American Honda Motor Co. on Wednesday asked the Florida federal court overseeing the multidistrict litigation over Takata’s potentially deadly air bags to let it use Takata’s criminal guilty plea as part of its defense, saying that the facts therein are crucial to its arguments.

  • June 22, 2017

    Ex-Uber CEO Knew Engineer Had Trade Secrets, Waymo Says

    Former Uber Technologies Inc. CEO Travis Kalanick knew last year that a then-engineer possessed trade secrets from Waymo LLC, Alphabet Inc.’s self-driving car unit said Wednesday while arguing that Uber must prove to a California federal court that it shouldn’t be held in contempt for its repeated failure to surrender the documents.

  • June 22, 2017

    7th Circ. Upholds Cert. Of Foundry Worker OT Class

    The Seventh Circuit on Thursday upheld the certification of two classes of Wisconsin iron foundry workers who say a Hitachi-owned foundry operator violated state law and the Fair Labor Standards Act by not paying for the time workers spend decontaminating themselves after their day is done.

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    7th Circ. Says AutoZone Worker's Transfer Not Discrimination

    The Seventh Circuit upheld a lower court that threw out a U.S. Equal Employment Opportunity Commission case against AutoZone Inc., saying Tuesday that transferring a black employee out of a store serving a mostly Hispanic community did not rise to the level of unlawful discrimination.

Expert Analysis

  • Series

    Leegin's 10-Year Checkup: RPM Rule Breeds Inconsistency

    Melissa Maxman

    The U.S. Supreme Court's 2007 Leegin decision aimed to loosen resale price maintenance restrictions on manufacturers, recognizing that such restrictions often come at the expense of competition at the manufacturer level. But much unpredictability and confusion have followed, say Melissa Maxman, Ronald Wick and Lara Kroop Delamarre of Cohen & Gresser LLP.

  • Contract Challenges With Selling 'Dualed' Auto Dealerships

    Sara Decatur Judge

    A Virginia federal court's recent decision in Volvo Group North America v. Truck Enterprises highlights how a factory right of first refusal can directly impede the sale of dealerships that have multiple franchises operating from the same dealership location, says Sara Decatur Judge of Burns & Levinson LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • How Driverless Cars Will Impact A Wide Range Of Industries

    Mike Nelson

    It is becoming clear that the disruptive nature of the autonomous vehicle will extend far beyond the automotive industry. Conversations with clients from a variety of industries have provided unique insight into what a future might look like without humans behind the wheel, say Mike Nelson and Trevor Satnick of Eversheds Sutherland.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • The Self-Critical Analysis Privilege: Not A Sure Thing

    Jane Warring

    When a company learns of a problem with one of its products, it may conduct tests and evaluate procedures to assess the issue. The self-critical analysis privilege covers companies seeking to protect records of internal investigations and self-evaluative analyses. But jurisdictions are split regarding whether the privilege exists, and if so, in what contexts, says Jane Warring of Clyde & Co. LLP.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.