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  • June 1, 2018

    Uber Directors Criticize Shareholder Who Sued Over Otto Buy

    Uber’s past and current top brass asked the Delaware Chancery Court to dismiss a derivatives suit over the $680 million acquisition of OttoMotto, an ex-Google engineer’s self-driving car startup, that landed Uber in a trade secrets row, saying the suit was filed by a “disgruntled” ex-employee with ulterior motives.

  • June 1, 2018

    Ford Gas Tax Refund Bid Rejected By Mich. Appeals Court

    Ford Motor Co.’s refund bid for more than $1 million in taxes paid on gasoline used to test and ship vehicles outside of Michigan was properly denied, the Michigan Court of Appeals has ruled.

  • June 1, 2018

    Calif. OKs Self-Driving Cars For Passenger Pickups

    California regulators on Thursday allowed self-driving cars to pick up ride-share passengers for the first time in the Golden State.

  • June 1, 2018

    Uber Workers' Comp. Deduction Suit Sent To Arbitration

    A New York federal judge told a proposed class of Uber drivers on Thursday that by signing the company's technology services agreement during registration, they were bound to arbitrate claims that the company illegally deducted a 2.5 percent fee from their pay for workers' compensation insurance.

  • June 1, 2018

    11th Circ. Revives Race Bias Suit Against Auto Parts Maker

    The Eleventh Circuit revived a suit alleging a car parts maker denied a black worker a job transfer because she was not Korean, saying in a published opinion Friday that the trial court wrongly applied a stricter test meant for analyzing circumstantial evidence of bias, when the worker offered direct evidence.

  • June 1, 2018

    Chrysler Drivers Tentatively Denied Cert. In Faulty Clutch Row

    A California federal judge on Friday tentatively declined to certify a proposed class action accusing Fiat Chrysler of inadequately addressing alleged clutch defects, saying the drivers haven't satisfied due process and the proposed class is too broad.

  • June 1, 2018

    DOT Says Engineer Off Limits In Fiat Chrysler Stock-Drop Suit

    The U.S. Department of Transportation told a New York federal judge Thursday that a group of Fiat Chrysler investors cannot depose a former National Highway Traffic Safety Administration engineer in their putative securities class action alleging the automaker lied about using emissions-cheating devices in vehicles and complying with safety recalls.

  • June 1, 2018

    Mercedes Doubles Down On Effort To Toss Radiator Suit

    Mercedes-Benz on Thursday again rebuked a driver’s amended putative class action accusing the automaker of concealing knowledge that it equipped some of its cars with faulty radiators, telling a Massachusetts federal judge the driver who filed the suit incorrectly believes he is entitled to “free repairs in perpetuity.”

  • June 1, 2018

    A Peek Into The World Of NAD Director Laura Brett

    Jennifer Fried of Kelley Drye & Warren LLP sits down with Laura Brett, director of the National Advertising Division, to discuss recent developments at NAD and how the division may evolve under Brett's leadership.

  • June 1, 2018

    Taxation With Representation: Kirkland, Simpson, Jones Day

    In this week’s Taxation with Representation, Softbank Vision invested $2.25 billion in General Motors' automated vehicle technology unit, Wellcare paid $2.5 billion for Meridian, and Polaris Industries scooped up Boat Holdings in an $805 million deal.

  • May 31, 2018

    Maruyasu To Pay $12M Criminal Fine For Steel Tube Collusion

    Japanese auto parts maker Maruyasu Industries was ordered by an Ohio federal court Thursday to pay a $12 million fine after pleading guilty to participating in a criminal conspiracy to fix prices, rig bids and allocate customers for automotive steel tubes used in the manufacture of vehicles sold in the U.S.

  • May 31, 2018

    Lyft Slips Drivers' Pay Calculation Method Suit, For Now

    A New Jersey federal judge on Thursday dismissed a putative class action alleging Lyft Inc. pays drivers less than what they are owed under the calculation method stated in the terms of drivers' contracts, but gave the drivers a chance to fix problems with their breach of contract claim.

  • May 31, 2018

    Hertz Investor Sues Board, CEO In Del. Over Restatements

    A Hertz Global Holdings Inc. investor has sued the rental company's directors, CEO and former CEO in Delaware's Chancery Court, seeking damages and reforms on the company's behalf for alleged management failures that led to a multiyear financial restatement.

  • May 31, 2018

    Trump's Latest Tariff Blitz Draws More Bipartisan Backlash

    Top congressional lawmakers from both parties on Thursday managed to agree on one thing: The Trump administration’s plans to slap double-digit tariffs on aluminum and steel imports from Canada, Mexico and the European Union is a bad idea.

  • May 31, 2018

    Texas Firm Ruled Immune From Destroyed-Evidence Suit

    A Texas law firm that was accused of destroying key evidence in a wrongful death suit against a trailer manufacturer it represented was cleared of wrongdoing by a state appellate court on Wednesday, with the judges concluding that their actions were shielded by attorney immunity.

  • May 31, 2018

    Deals Rumor Mill: Uber, Abraaj, European Medical Center

    Warren Buffett reportedly tried to invest $3 billion in Uber, Colony NorthStar has abandoned talks to buy a large stake in Emirati private equity firm Abraaj’s fund management unit, and European Medical Center is getting ready for a potential stock market listing.

  • May 31, 2018

    Drivers Defend Claims In GM Emissions Cheating Suit

    Drivers on Wednesday fired back at General Motors LLC's bid to purge state law deceptive trade practices and consumer protection claims from their proposed Michigan class action alleging emissions cheating in certain diesel pickup trucks, saying the automaker's scattershot attempt to pare down the suit misses the mark.

  • May 31, 2018

    Fraud Restitution No Longer In The Eye Of The Bill-Holder

    The U.S. Supreme Court said this week that a mandatory restitution law does not require criminal defendants to foot the bill for company-initiated internal investigations into their crimes, flipping what was the law in many courts and tossing a life raft to some individual defendants.

  • May 31, 2018

    Quinn Emanuel Beats DQ Bid In Electric Car Trade Secret Suit

    A California federal court has denied EVelozcity Inc.'s bid to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing a rival electric car startup in a trade secret dispute, saying that information EVelozcity provided to the law firm before the other company sued did not create an attorney-client relationship.

  • May 31, 2018

    Antitrust Claims Tossed From Boston Cabbies' Uber Suit

    A Massachusetts federal judge has dismissed antitrust claims in a putative class action by Boston-area taxi drivers, saying their argument that Uber Technologies Inc. had used predatory pricing to drive the cab companies out of the market and create a monopoly were not specific enough to proceed.

Expert Analysis

  • 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.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • What To Do After A Product Recall

    Derin Kiykioglu

    If a company facing a product recall has managed it effectively, the hardest part is probably over. But there are four key strategies companies should keep in mind to restore order and maintain brand loyalty following a recall, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • What To Do During A Product Recall

    Derin Kiykioglu

    Maintaining consumer trust during a recall is key. When a company is transparent, consistent and responsive, it may maintain — and potentially surpass — prior levels of consumer satisfaction, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.