• October 25, 2017

    Uber Gets App IP Suit Stayed Pending USPTO Review

    A California federal judge on Tuesday granted Uber Technologies Inc.’s request to stay phone application developer X One Inc.’s suit over allegedly infringed "two-way position information sharing technology" patents pending inter partes review by the U.S. Patent and Trademark Office.

  • October 24, 2017

    Waymo, Uber Brawl Over Jury Instruction For Car IP Trial

    Uber Technologies Inc. and Alphabet’s Waymo LLC filed competing jury instruction proposals Tuesday heading into a December trial over the alleged theft of code behind the sensing systems in self-driving cars, with Waymo telling a California federal judge that no actual use of the material is required for a liability finding.

  • October 24, 2017

    Lawmaker Leery Of Inevitable Disruption Of Driverless Cars

    U.S. Rep. Michael Capuano, D-Mass., doesn’t want to stop driverless cars but says he'll never own one and is sounding an alarm about a litany of safety, data privacy, intellectual property and economic concerns that could follow a rush to adopt the technology.

  • October 24, 2017

    Family Says Defective Guardrail Killed Teen Daughter

    The father of a teenage girl killed in a highway accident last year hit the manufacturers of the X-Lite guardrail system with a suit Monday in Tennessee state court, saying the guardrail system has been linked to at least six deaths since 2016.

  • October 24, 2017

    Music Group’s Copyright Suit Against Ford, GM On The Rocks

    A copyright lawsuit from a music industry group against General Motors LLC, Ford Motor Corp. and others over in-car entertainment systems appeared to be in trouble Tuesday after a D.C. federal judge hammered away at the group’s contention that the systems qualify as digital recording devices under the law.

  • October 24, 2017

    Honeywell Must Chip In On Asbestos Claims, NJ Justices Told

    Travelers told New Jersey's highest court on Tuesday that Honeywell should be required to help cover costs tied to certain asbestos-related injury claims filed after policy exclusions for asbestos became common, saying a decision to the contrary would reward companies that continue to make dangerous products after insurance is no longer available.

  • October 24, 2017

    DC Circ. Tosses Sierra Club Challenge To Highway Air Tests

    The D.C. Circuit on Tuesday tossed a petition from the Sierra Club and three Denver-area community groups seeking review of allegedly weakened federal guidance for air pollution tests on planned highway projects, saying the suit couldn’t get past threshold issues to warrant a ruling on the merits.

  • October 24, 2017

    Despite Concerns, Execs On Self-Driving Car Bandwagon

    The biggest obstacles to the growth of self-driving cars in the U.S. continue to be safety concerns and the potential reluctance of consumers to adopt automated driving systems, according to a survey of automotive executives and other stakeholders released Tuesday.

  • October 23, 2017

    Uber Fights Boston Suits, Saying Local Taxi Rules Don't Apply

    Uber Technologies Inc. urged a Massachusetts federal judge on Friday to throw out seven consolidated lawsuits in which roughly 800 Boston-area taxi companies accuse the ride-hailing giant of competing unfairly by failing to comply with local taxi rules, saying the rules have never applied to it.

  • October 23, 2017

    VW Gets Green Light For Some Diesel SUV Emission Fixes

    An emissions repair for more than 38,000 Volkswagen, Audi and Porsche diesel sport utility vehicles was approved on Friday by the U.S. Environmental Protection Agency and the California Air Resources Board, according to a letter sent out by regulators.

  • October 23, 2017

    Honeywell, Others Tell DC Circ. To Rethink HFC Rule Decision

    Honeywell International Inc., Chemours Co. FC LLC and the Natural Resources Defense Council on Monday insisted the D.C. Circuit reconsider its August invalidation of a U.S. Environmental Protection Agency rule forcing manufacturers to stop using hydrofluorocarbons, even if the EPA itself hasn't sought rehearing.

  • October 23, 2017

    2nd Circ. Won’t Rehear TCPA Consent-Withdrawal Case

    The Second Circuit said Friday it will not reconsider a decision to toss a Telephone Consumer Protection Act suit accusing the lending arm of Lincoln Motor Co. of barraging a borrower with calls he had no longer consented to receive, affirming a decision that the TCPA is silent on the issue of withdrawing consent for such calls.

  • October 23, 2017

    German Car Giants See NJ Antitrust Claims Move Into MDL

    The last remaining consumer in a New Jersey federal suit accusing BMW, VW and other German luxury-car makers of a decadeslong antitrust conspiracy formally dropped her claims Monday, but they will play out alongside three similar cases recently centralized in Northern California. 

  • October 23, 2017

    Real Estate Rumors: Tesla, CubeSmart, Kushner Cos.

    Tesla is said to have leased 131,000 square feet in the Los Angeles area, CubeSmart has reportedly bought a self-storage property in Florida for $14.5 million, and a Kushner Cos. venture is said to be on the hunt for as much as $650 million in financing for a Brooklyn luxury residential project.

  • October 23, 2017

    Honda Trims Suit Over 'Noxious Fumes' In CR-V Cabins

    Honda won’t have to face a proposed nationwide class of consumers alleging the interior of their CR-V sport utility vehicles occasionally smelled like an “open pool of gasoline,” an Illinois federal judge said last week, but must otherwise defend itself against most claims brought by four proposed state subclasses.

  • October 23, 2017

    Lewis Brisbois Nabs Product Liability Trial Atty In San Diego

    Lewis Brisbois Bisgaard & Smith LLP has hired a Bowman & Brooke LLP product liability trial attorney who’s experienced in defending manufacturers against litigation involving motor vehicles, medical devices, pesticides and power tools, Lewis Brisbois has announced.

  • October 23, 2017

    Takata Says Case Complexity Requires Exclusivity Extension

    Bankrupt vehicle safety equipment manufacturer Takata Corp. asked a Delaware federal judge late Sunday to extend its exclusive plan filing period by 90 days so the debtor can continue to oversee its highly complex plan that requires coordination of efforts in the United States, Japan and Canada.

  • October 20, 2017

    $120M State AG Deal With GM Preludes More State Actions

    General Motors Co.'s $120 million settlement with attorneys general of 49 states and the District of Columbia ending allegations that the automaker hid a potentially fatal defect in its cars represents a trend that's likely to grow of state attorneys general banding together to pursue product liability claims against manufacturers.

  • October 20, 2017

    Subprime Auto Loan Co. Execs Get Jail Time For $11M Fraud

    Two Massachusetts men were sentenced to prison by a federal judge Friday over an $11 million fraud scheme in which they falsely told investors that their subprime auto loan company could accept tax-advantaged retirement account funds.

  • October 20, 2017

    Truck Company Worker Claims Finger Scan Violates Privacy

    The employee of an Illinois trucking company Friday filed the latest in a string of putative class actions in state court accusing companies of forcing workers to use their fingerprints to clock in and out of work in violation of state privacy laws.

Expert Analysis

  • Opinion

    The Proper Measure Of The Value Of Class Actions

    Gary Mason

    Despite many examples of benefits obtained by plaintiffs, corporate America loudly claims that class actions don’t benefit anyone other than the attorneys who bring them. What do they base this on? Not much, says Gary Mason of Whitfield Bryson & Mason LLP.

  • 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.

  • Series

    Notes From A Law Firm Chief Privacy Officer: Balancing Act

    Kristin Jones

    As the role of law firm chief privacy officer becomes more prevalent and expansive, many CPOs are finding themselves in the midst of a delicate balancing act — weighing compliance with government regulations and client requirements on one side with the needs of firm business on the other, says Kristin Jones, chief privacy officer for Stradley Ronon Stevens & Young LLP.