• August 17, 2017

    Apple Says Drivers, Not Phones, Cause Texting Crashes

    Apple urged a California state judge Thursday to toss a proposed class action alleging it puts profits over public safety by not installing lockout devices on iPhones that prevent texting while driving, saying courts have consistently held that distracted drivers are responsible for accidents, not phone manufacturers.

  • August 17, 2017

    Toyota Urges Court To Deny New Subclass In Takata MDL

    Toyota urged a Florida federal judge on Thursday to deny a request from three car owners to be named as class plaintiffs and to form a new subclass in multidistrict litigation over dangerously defective Takata Corp. air bags, saying a proposed settlement adequately protects their interests.

  • August 17, 2017

    Takata Ch. 11 May Give Automakers Lasting Liability Shield

    The Delaware bankruptcy court's decision to freeze much of the litigation surrounding Takata's defective air-bag inflators takes automakers off the hook for liability for only a short 90 days, but experts say a move that absolves the carmakers permanently could be a real possibility if certain chips fall into place.

  • August 17, 2017

    Ford To Pay $10.1M To Resolve EEOC Harassment Probe

    Ford Motor Co. will pay up to $10.125 million to resolve an Equal Employment Opportunity Commission investigation into racial and sexual harassment of blacks and women working at two Chicago facilities, the federal agency announced Thursday.

  • August 17, 2017

    GM Accused Of Sabotaging $15M Deal With Consumers

    General Motors Co. has been accused of secretly scheming to “callously” undermine a potential $15 million settlement between its bankruptcy trust and thousands of consumers, including those involved in the ongoing ignition switch multidistrict litigation, according to a letter filed in New York federal bankruptcy court Wednesday.

  • August 17, 2017

    Car Dealer's MasterCard Swipe Fees Suit Delayed For 1 Year

    A U.K. judge has agreed to a 12-month stay on a claim brought by British motor company Listers Group against MasterCard Inc. and its international and European arms, pending the appeal decisions in other similar interchange fee litigation cases.

  • August 17, 2017

    Haldex Investors Back Buyout As Antitrust Hurdles Loom

    Investors of Swiss brake company Haldex voted Thursday in favor of German rival Knorr-Bremse pressing forward with its 5.52 billion Swedish kronor ($680.5 million) buyout, after Haldex’s board pulled its support for the deal amid concerns antitrust regulators will block it.

  • August 17, 2017

    Uber Scores 2nd Circ. Win In Price-Fix Arbitration Dispute

    The Second Circuit on Thursday threw out a decision by U.S. District Judge Jed S. Rakoff that Uber could not force a customer to arbitrate price-fixing accusations against the company, saying rider Spencer Meyer was given adequate notice of Uber's terms when he signed up for the ride-sharing service.

  • August 16, 2017

    Waymo Jury May Learn Of Uber’s Shady Discovery Tactics

    U.S. District Judge William Alsup said Wednesday he might allow Waymo to tell a California federal jury that Uber was evasive about providing evidence the head of its self-driving car division stole trade secrets from Waymo before quitting his job there, saying the panel should know “how they hide the ball.”

  • August 16, 2017

    Judge Affirms Feds' $15M Infusion Into GM Litigation Trust

    Old GM's unsecured creditors were right to accept a $15 million loan from Uncle Sam to pursue a $1.5 billion avoidance action over a prebankruptcy loan that was left unsecured thanks to a paralegal's mistake, a New York federal court said as it overruled one creditor's objection to the agreement.

  • August 16, 2017

    Safety Groups Sue Over Late Seat Belt Standard

    Two auto safety groups on Wednesday hit the U.S. Department of Transportation with a suit claiming it hit the brakes on putting into place a rule requiring that a warning go off if a passenger in the back seat isn’t buckled up.

  • August 16, 2017

    Intellectual Ventures Refiles ITC Complaint Over Vehicle IP

    Intellectual Ventures has filed a new complaint with the U.S. International Trade Commission alleging that Toyota, BMW and others are infringing IV's patents covering electric motor components, after a judge terminated a prior investigation upon finding an apparent error in an assignment agreement.

  • August 16, 2017

    3rd Circ. Says TCPA Class Can Be Identified In BMW Fax Suit

    The Third Circuit on Wednesday clarified an ascertainability standard for class actions, finding that a class of car dealers who were faxed unsolicited BMW financial services advertisements could be identified through database records and affidavits.

  • August 16, 2017

    Real Estate Rumors: Blackstone, Generator Hostels, Kamber

    Blackstone Group has reportedly scored an $87 million loan for four Florida Motel 6 properties, Generator Hostels is said to have landed a $25 million loan for a Florida hostel project and Kamber Management is reportedly buying three parking garage condos at the Trump Place-Riverside South development in Manhattan for $50 million.

  • August 16, 2017

    Steel Dynamics Settles 'Very Low'-Strength Antitrust Claims

    Indirect steel purchasers alleging a price-fixing conspiracy among U.S. Steel, ArcelorMittal SA and other producers asked an Illinois federal court Tuesday to approve a nearly $1 million settlement with defendant Steel Dynamics, while acknowledging their case’s strength is “very low” because the claims were recently tossed.

  • August 16, 2017

    Hyundai Slams Class Cert. Bid In Faulty Sunroofs Suit

    Hyundai Motor Co. asked a California federal court Tuesday not to certify a class of drivers who allege the automaker failed to warn of a defect that caused panoramic sunroofs to shatter, saying the cause of the purported breakage varies by individual.

  • August 16, 2017

    Dallas Trial Firm Asks 7th Circ. To Toss Asbestos RICO Suit

    A Texas law firm on Tuesday urged the Seventh Circuit to throw out an engineered products company's claims that the law firm withheld evidence about its clients’ asbestos exposure in violation of the Racketeer Influenced and Corrupt Organizations Act and caused the company various state-court losses.

  • August 16, 2017

    Pa. Court Says GM Can Alter Warranty Work Reimbursements

    The Pennsylvania Commonwealth Court on Wednesday reversed a determination by a state agency that found General Motors improperly changed its policy on reimbursements for dealers’ warranty work, concluding that the shift was made under a contract that was not governed by state law.

  • August 16, 2017

    Lyft Misleads Drivers On Pay Calculation Method, Suit Says

    Lyft Inc. was slapped with a class action Tuesday in New Jersey federal court alleging the ride-hailing service pays drivers less than what they are owed under the calculation method stated in the terms of drivers' contracts.

  • August 16, 2017

    Waymo Denied Uber Board Member Depositions

    Alphabet Inc.’s self-driving car unit Waymo LLC can’t depose two Uber Technologies Inc. board members who apparently lack meaningful information about allegations that the ride-sharing company stole self-driving car secrets, a California magistrate judge said Tuesday.

Expert Analysis

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer


    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Opinion

    Don't Expect UAW To Back Off Campaign Against Nissan

    John Raudabaugh

    Now that a vote has taken place, Nissan has asked the United Auto Workers Union to respect the voice of the vast majority of its employees: They are not interested in union representation. However, the sheer volume of unfair labor practice charges filed against Nissan suggests the UAW is not going away any time soon, says John Raudabaugh, professor of labor law at the Ave Maria School of Law.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Opinion

    It's Time To Improve Voir Dire In Federal Court

    Lisa Blue

    During the jury selection process, many times parties submit proposed voir dire questions, but the court ultimately chooses the questions to be asked and does all of the questioning of the jury panel. While this approach is judicially efficient, rarely do we learn anything meaningful from the panel members, say Lisa Blue of Baron and Blue and Robert Hirschhorn of Cathy E. Bennett & Associates.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Insider Risks


    As law firms hold sensitive information not only related to the firm but to the firm’s clients, an insider threat — whether it's a "bad actor employee" or inadvertent activity — poses a particular concern. There are steps that privacy officers can initiate to help minimize these threats, says Patricia Wagner, chief privacy officer for Epstein Becker Green.