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August 30, 2024
Gov't Contracts Of The Month: Base Networks, Nuclear Power
In August, the U.S. Air Force named the 23 companies that will carry out its $12.5 billion network modernization effort, while a domestic nuclear company agreed to help build the first small modular reactor nuclear power plant in Africa. These are Law360's most noteworthy government contracts for August 2024.
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August 30, 2024
Uber Owes Drivers Duty Of Care In Rider Match, 9th Circ. Says
A Ninth Circuit panel said Friday that Uber Technologies Inc. can't dodge liability after one of its drivers was murdered in a carjacking, finding rideshare companies have a duty to their drivers to use reasonable care to match them with riders.
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August 30, 2024
Insurers Say Honda, Dealership Owe $1M For Auto Fire
Insurers for a homeowners association and two residents told a New York federal court that Honda and a local dealership must foot the bill for a 2021 vehicle fire that caused property damage and "additional expenses" totaling over $1 million.
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August 30, 2024
EEOC 'Exaggerates' Harassment Claims, Auto Parts Co. Says
An auto parts company urged a North Carolina federal judge to toss a U.S. Equal Employment Opportunity Commission suit for good, arguing that the agency "exaggerates the evidence" in an effort to prove that a former employee was sexually harassed out of her job.
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August 30, 2024
Adani Ports Pays $185M For Stake In Offshore Vessels Biz
Indian ports and logistics company Adani Ports and Special Economic Zone Ltd. on Friday revealed that it has agreed to take a controlling stake in offshore support vessel operator Astro in a $185 million cash deal.
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August 30, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen television property developer Kambiz Babaee hit with a fraud claim, a Bitcoin podcaster reignite a dispute with Australian computer scientist Craig Wright and football club owner Massimo Cellino's company file a claim against ClearBank. Here, Law360 looks at these and other new claims in the U.K.
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August 30, 2024
Fall IPO Pickup Could Be A Prelude For 2025 Recovery
More companies are preparing to go public after Labor Day, signaling a modest increase in initial public offerings that capital markets advisers say could presage a stronger recovery in 2025, assuming next year brings more clarity regarding interest-rate policy and the result of the presidential election.
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August 29, 2024
Tesla, Elon Musk Beat Dogecoin Buyers' Fraud Suit, For Good
A New York federal judge on Thursday for the final time threw out a contentious lawsuit brought by Dogecoin investors accusing Elon Musk of manipulating the market so that he and Tesla could turn a profit on the meme-themed cryptocurrency.
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August 29, 2024
PI Says He Didn't Publish Trade Secrets In Hacking Suit
A North Carolina private investigator is doubling down on his bid to defeat what's left of aviation tycoon Farhad Azima's lawsuit accusing him of taking part in an international hacking conspiracy.
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August 29, 2024
Spurned Donation Made Ex-NBA Star A Target, Judge Says
A former NBA star's company was wrongly stripped of a minority ownership certification, a Michigan judge has found, concluding the certifier manipulated the requirements to disqualify the company.
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August 29, 2024
Airline Ducks Liquidated Damages In Military Leave Suit
A class of pilots accusing American Airlines of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 by denying pay for time spent on military leave can't seek liquidated damages, given a lack of evidence that the airline knew it was breaking the law, a Pennsylvania federal judge ruled Thursday.
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August 29, 2024
FedEx Taps Longtime Company Atty And Exec As New GC
FedEx Corp. announced Thursday that attorney and longtime executive Gina F. Adams will succeed Mark Allen, the company's longtime executive vice president, general counsel and secretary, who retires this year.
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August 29, 2024
Judge Narrows Claims In Mercedes Sunroof Class Action
A Georgia federal judge has trimmed some claims from a proposed class action accusing Mercedes-Benz of offering vehicles with panoramic sunroofs prone to randomly shattering under normal conditions but allowed several state consumer protection claims, breach of implied warranty and fraudulent concealment claims to continue.
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August 29, 2024
Don't 'Handcuff' NLRB By Halting ULP Case, Agency Says
A Michigan federal court should not "handcuff" the National Labor Relations Board by greenlighting an injunction to stop unfair labor practice proceedings against an auto parts maker, the board contended, fighting back against claims that there are constitutional concerns with the agency.
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August 29, 2024
Auto Tech Org. Pushes FCC To Speed Up Smart Car 5G Rules
The 5G Automotive Association is asking the Federal Communications Commission to push the gas and schedule a vote on rules that would bring advanced vehicle communications technology to the 5.9 gigahertz band.
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August 29, 2024
8th Circ. Won't Revive O'Reilly Auto Parts 401(k) Fee Suit
The Eighth Circuit refused Thursday to reopen a proposed class action claiming O'Reilly Automotive Inc. let its $1.1 billion employee retirement plan be saddled with excessive investment management and record-keeping fees, ruling workers leading the suit hadn't provided meaningful comparisons by which to measure the plan's costs.
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August 29, 2024
CFPB Notches Default Win Against Ga. Auto Loan Servicer
The Consumer Financial Protection Bureau has scored a default judgment against a Georgia-based auto loan servicer accused of a slew of unlawful business practices, including using kill switches to shut off borrowers' cars and double charging them for insurance premiums.
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August 29, 2024
Ga. School District Settles Wage Docking Suit With Bus Driver
A Georgia school district has agreed to settle a lawsuit with a bus driver who alleged she was forced to work practically without pay for three months after the district docked her wages to recoup the workers' compensation benefits she had received, according to a notice filed Wednesday.
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August 29, 2024
Trucker Urges Justices To Back Wide RICO Scope In CBD Case
A commercial truck driver who alleges he lost his job after consuming products containing THC is urging the U.S. Supreme Court to affirm a Second Circuit ruling that the civil racketeering statute applies to personal injuries when they upset a person's employment.
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August 29, 2024
Feds Ask The Supreme Court To Reverse NEPA Railway Ruling
The U.S. Surface Transportation Board has told the U.S. Supreme Court that the D.C. Circuit was wrong to revoke the agency's approval of a rail line to transport crude oil from Utah, saying the appeals court went beyond what the law requires for environmental reviews.
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August 29, 2024
5th Circ. Got Biofuel Ruling Right, Refiners Tell Justices
The U.S. Supreme Court shouldn't review a Fifth Circuit decision vacating the U.S. Environmental Protection Agency's denial of small refiners' requests for exemptions from their renewable-fuel program obligations, the refiners told the justices Wednesday.
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August 29, 2024
Albright Boots $8B EV Trade Secrets Suit For Improper Venue
U.S. District Judge Alan Albright tossed out a $7.8 billion trade secrets dispute between two electric vehicle companies, adopting a federal magistrate judge's recommendation that the case should be handled in Israel where he said both companies and the majority of the individuals related to the matter already are.
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August 29, 2024
GM Can't Shake Off Shuddering-Transmission Class
General Motors must face class allegations that it knowingly sold vehicles with defective transmissions that cause the vehicles to shake and shudder while being driven, a Sixth Circuit panel ruled Wednesday, finding no reason to undo class certification for the drivers.
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August 29, 2024
4th Circ. Says CSX's Norfolk Southern Case Came Too Late
The Fourth Circuit ruled Thursday that CSX's antitrust case against Norfolk Southern over "exclusionary" fees charged by a Virginia switching line they jointly own was filed outside the statute of limitations.
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August 29, 2024
9th Circ. Says Trucking Group's Brief Is Too Late In AB 5 Row
The Ninth Circuit declined to take up a California trucking industry group's bid to upend a lower court decision that rejected their challenge to the Golden State's independent contractor classification law, known as A.B. 5, saying the group failed to file an opening brief on time.
Expert Analysis
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Navigating New Safe Harbor For Domestic Content Tax Credits
The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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What Alternative Fuel Proposals Mean For EU Infrastructure
The European Union’s proposed Alternative Fuels Infrastructure Facility, covering activities in the transport sectors supporting the decarbonization process, sets ambitious standards regarding the deployment of adequate supply infrastructure and offers new funding opportunities for port operators and shipowners, says Christian Bauer at Watson Farley.
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What 4 Cyber Protection Actions Mean For Marine Transport
Several recent steps by the Biden administration are necessary to address the cyber threats that increasingly disrupt the maritime sector, but also impose new legal risks, liabilities and operating costs on the owners and operators of U.S.-flagged vessels and facilities, say attorneys at Holland & Knight.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Unlocking Blockchain Opportunities Amid Legal Uncertainty
Dozens of laws and legal precedents will come into the fore as Web3, metaverse and non-fungible tokens gain momentum, so organizations need to design their programs with a broader view of potential exposures — and opportunities, say Teresa Goody Guillén and Robert Musiala at BakerHostetler and Steve McNew at FTI Consulting.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.