Automotive

  • April 23, 2018

    2nd Circ. Nixes Feds' Delay Of Fuel Economy Penalty Boost

    The Second Circuit on Monday vacated the Trump administration’s indefinite delay of higher penalties for automakers that don’t meet certain fuel efficiency standards, the latest court to rebuff efforts by the administration to delay implementation of Obama-era energy and environmental rules.

  • April 20, 2018

    Undoing CFPB Guidance May Yield Unintended Effects

    The U.S. Senate’s recent passage of a measure to scrap Consumer Financial Protection Bureau guidance on auto lending has been framed by supporters as a business-friendly move to rein in a rogue agency, but some experts say this use of the Congressional Review Act could lead to greater uncertainty and more regulation by enforcement.

  • April 20, 2018

    Nissan Driver Drops Transmission Claims To Join Similar Suit

    A driver who accused Nissan North America Inc. in a proposed class action of selling vehicles with defective transmissions dropped his complaint in the Central District of California on Friday in favor of a suit with overlapping claims in a different jurisdiction, court documents show.

  • April 20, 2018

    Auto Parts Chain Must Face Store Manager's ADA Suit

    O’Reilly Auto Parts cannot exit a former store manager’s suit alleging disability discrimination and retaliation after the store failed to accommodate his need for a reduced work schedule due to mental health issues, with a Maine federal judge finding Thursday that there is a genuine question as to whether he faced discrimination.

  • April 20, 2018

    Drivers Say New Nissan Sunroof Claims Pass Legal Muster

    Nissan drivers who seek damages over an alleged defect in panoramic sunroofs on some of the automaker’s vehicles asked a California federal judge on Friday to keep their case alive, saying their updated complaint meets the requirements of Illinois and Colorado consumer protection laws.

  • April 20, 2018

    Key Safety Not Covered For Interest In AIG Dispute: 6th Circ.

    Key Safety Systems Inc., which recently purchased Takata Corp.’s assets at a bankruptcy auction, cannot force an AIG unit to pay nearly $600,000 in post-judgment interest racked up in an underlying suit over a car crash, the Sixth Circuit affirmed on Friday.

  • April 20, 2018

    Fiat Chrysler Gets Partial Win In Faulty Engine Case

    A New York federal judge on Thursday tossed three of five claims in a proposed class action alleging Fiat Chrysler manufactured Jeep Wranglers with a faulty engine that prevents the heating and cooling systems from working properly.

  • April 20, 2018

    Wells Fargo Fined $1B For Mortgage, Auto Lending Abuses

    Wells Fargo will pay a $1 billion fine to the Consumer Financial Protection Bureau and Office of the Comptroller of the Currency as part of settlements unveiled Friday resolving allegations of improper practices in the bank’s auto lending and mortgage divisions.

  • April 19, 2018

    Senate Finance Leaders Want Tariff Exclusions Smoothed Out

    The U.S. Department of Commerce should improve the procedures that businesses must follow for securing a reprieve from the Trump administration’s sweeping tariffs on steel and aluminum to ensure that due process is followed, the heads of the Senate Finance Committee asserted on Thursday.

  • April 19, 2018

    Uber Investors Face Uphill Battle In ‘Gloppy’ Fraud Suit

    A California federal judge said Thursday he has “substantial concerns” about keeping intact a putative securities class action alleging Uber and its ex-CEO Travis Kalanick's illicit business tactics cost investors billions, calling the allegations “gloppy” and “shotgun” and noting that not all corporate management can be turned into securities fraud.

  • April 19, 2018

    Uber Ducks Lyft Driver's 2nd Attempt At Spying Class Action

    A Lyft driver accusing Uber Technologies Inc. of illegally tracking drivers bungled his second shot at proving the ride-hailing giant violated wiretapping and privacy laws, a California federal judge said Wednesday in dismissing the bulk of the amended suit, finding he had done little to fix the deficiencies in his original claims.

  • April 19, 2018

    Honda Dealer Dodges Bias Suit As Judge Scolds Attys

    The new proprietor of a Honda dealership won’t have to face racial discrimination claims from a worker employed by the dealer’s previous management since he didn’t prove an employment relationship with the new ownership, a Maryland federal judge ruled Thursday, also chiding the parties’ counsel for bad behavior.

  • April 19, 2018

    Uber Suit Paused Pending 9th Circ. Petition In Hyundai MDL

    A California federal judge on Thursday issued a stay in the settlement proceedings for Uber's "safe rides" suit until the Ninth Circuit makes a decision on an en banc review petition for the multidistrict litigation over Hyundai Motor America Inc. and affiliate Kia Motors Inc.'s alleged misstatements about vehicle fuel efficiency.

  • April 19, 2018

    EPA's Top Lawyer Trades Jabs With Enviros At ABA Talk

    The U.S. Environmental Protection Agency’s top lawyer on Thursday dismissed as “sound bites” a Sierra Club attorney’s criticism of the EPA’s deregulatory agenda and dodged questions about whether the agency will rethink an important finding that carbon dioxide poses a danger to human health and the environment.

  • April 19, 2018

    Russia Joins WTO Fray Over US Steel, Aluminum Tariffs

    The Russian government added its name Thursday to the growing list of countries questioning the Trump administration’s national security-based tariffs on steel and aluminum, following the lead of numerous other nations that have opted to treat the duties as safeguard measures.

  • April 18, 2018

    A Flood Of Tariff Exemption Bids Is Giving Attorneys Fits

    As importers and foreign producers scramble for a reprieve from the Trump administration’s sweeping tariffs on steel and aluminum, attorneys are beginning to confront the challenges in navigating a bureaucratic process that has already been overrun with a wave of exclusion requests.

  • April 18, 2018

    Michael Cohen, Wife Owe $110K Taxes On Taxi Cos., Docs Say

    As President Donald Trump’s embattled personal attorney Michael Cohen fights an FBI search warrant tied to his personal business dealings in federal court, New York City and state records show Cohen and his wife owe more than $110,000 in taxes related to NYC taxicab businesses that they own.

  • April 18, 2018

    NYC Black Cars, Limos Can't Block New Wheelchair Rules

    A New York federal judge on Wednesday rejected a request from black car and limo operators to block new city regulations requiring the for-hire vehicle industry to dispatch more wheelchair-accessible cars to riders, saying the rules aren't preempted and the operators haven’t yet suffered any actual harm.

  • April 18, 2018

    India Eyes Spot In China-US Trade Standoff

    India urged China to let it join Beijing’s challenge at the World Trade Organization over President Donald Trump’s tariffs on imported steel and aluminum, the same day the WTO unsealed documents detailing that the Trump administration would honor China’s request to hold bilateral talks.

  • April 18, 2018

    Senate Votes To Roll Back CFPB Auto Lending Rule

    A push to ax the Consumer Financial Protection Bureau’s 2013 guidance on discrimination in auto lending got one step closer to reality Wednesday after the Senate passed a measure to repeal the rule under the Congressional Review Act.

Expert Analysis

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Who's Liable For A Crash When It's The Car Driving?

    Jim Jordan

    In a fully autonomous vehicle, a passenger's reaction to a traffic emergency is as irrelevant as her ethical calculations about potential injuries to herself and others. But if she agreed in advance to the safety protocols in the vehicle's programming, could she share liability in an accident? No one knows the answer yet, says Jim Jordan of Munsch Hardt Kopf & Harr PC.

  • New Russian Oligarch Sanctions Will Require Prompt Action

    Grant Leach

    Last week, the U.S. Treasury Department's Office of Foreign Assets Control added several Russian oligarchs, political officials and businesses under their control to its Specially Designated Nationals and Blocked Persons List. These sanctions will likely impose serious compliance challenges for both U.S. and non-U.S. persons doing business with Russia, say attorneys with Husch Blackwell LLP.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • Polaris And The Return Of The Utility Requirement

    Michael Rounds

    For the vast majority of the 1952 Patent Act’s history, the requirement that an invention possess “utility” has been such a low bar as to effectively be nonexistent. Perhaps the tension highlighted in the Federal Circuit's Polaris v. Arctic Cat decision will prove the impetus needed to brush the dust off of the utility requirement in future cases, say Michael Rounds and Adam Yowell of Brownstein Hyatt Farber Schreck LLP.

  • When Are Minority Stockholders Controllers?

    Scott Barshay

    The Delaware Chancery Court's recent decision in a Tesla stockholder case shows that even a shareholder with a “relatively low” ownership stake representing a “small block” may be found to be controlling under certain circumstances, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • The Time Is Right For New Jersey To Adopt Daubert

    Timothy Freeman

    The New Jersey Supreme Court may soon decide whether to adopt the Daubert standard for admissibility of expert witness testimony. The searching inquiry into the reliability of proffered expert testimony that is required by Daubert protects the integrity of the jury system by ensuring that jurors are not misled by unreliable evidence, says Timothy Freeman of Tanenbaum Keale LLP.

  • Encino Bodes Well For Employers In FLSA Cases And Beyond

    Ellen Boshkoff

    The U.S. Supreme Court's ruling in Encino Motorcars v. Navarro positions employers to better defend their Fair Labor Standards Act classification decisions, and provides a possible basis for employers to challenge a host of judicial interpretations of other employee rights statutes, say Ellen Boshkoff and Samantha Rollins of Faegre Baker Daniels.