• July 18, 2017

    GM 'Concealment' Still In Full Force, Jury Hears In Closings

    In closing arguments Tuesday in a federal bellwether trial against General Motors over allegedly defective ignition switches, an Arizona driver argued that the trial itself has been part and parcel of a cover-up and "concealment" strategy that GM faithfully follows to this day.

  • July 18, 2017

    Takata Judge Will Hear Bid To Halt Air Bag Suits In August

    The Delaware bankruptcy judge presiding over the Takata Chapter 11 said Tuesday that he would hear in early August the company’s bid to halt scores of lawsuits connected to its defective air bag inflators, an issue likely to face stiff opposition from government agencies and personal injury claimants.

  • July 18, 2017

    Investors Blast Polaris' Bid To Nix Suit Over Recalls

    Off-road vehicle manufacturer Polaris can’t pass off alleged misrepresentations about potential risks to the company’s business as simple mismanagement while its vehicles burst into flame and injured customers, a proposed class of investors told a Minnesota federal court Monday.

  • July 18, 2017

    Uber Hit With NY Suit Over Disabled Passenger Access

    Uber has routinely discriminated against disabled passengers in New York City by not making available a sufficient number of cars outfitted with ramps or lifts for mobility-challenged riders, according to a new proposed class action filed in New York state court on Tuesday.

  • July 17, 2017

    GM Expert Says Switch Spec Failure Doesn't Equal Danger

    General Motors brought an engineering expert to the stand Monday in a bellwether trial over its ignition switches who testified that even if a switch fails specifications, that's not necessarily something that consumers should worry about.

  • July 17, 2017

    Deals Rumor Mill: Landis & Gyr, Volkswagen, Volvo

    Toshiba is leaning toward taking Swiss power meter manufacturer Landis & Gyr public, Volkswagen is mulling a sale of its Renk transmission business, and multiple suitors are vying to buy the armored vehicle business of Volvo.

  • July 17, 2017

    Ford Trucks Sold With Incompatible Jacks, Suit Says

    Ford Motor Co. has been hit with a proposed class action in Oklahoma federal court that alleges the car maker sold sports vehicles with car jacks that are too small to fit their lifted trucks, so that car owners are unable to perform routine tire changes.

  • July 17, 2017

    USTR Releases Wishlist For New NAFTA Talks

    The Office of the U.S. Trade Representative on Monday released its lengthy list of priorities for the looming reboot of the North American Free Trade Agreement, offering the first glimpse of its plans for the agreement’s rules of origin, services, arbitration, the environment and numerous other areas.

  • July 17, 2017

    VW Emissions Suits Not Preempted, NJ Appeals Court Says

    Volkswagen lost its bid to toss two consumer fraud lawsuits against the automaker over its emissions cheating scandal on Monday when a New Jersey appeals court rejected the company's argument that the federal Clean Air Act preempts such state court actions.

  • July 17, 2017

    Consumers Rip Ford Dismissal Bid In Shelby Defect Suit

    Car buyers on Friday urged a Florida federal judge to reject Ford Motor Co.’s attempt to blame drivers instead of owning up to putative class claims that it knowingly sold certain defective 2016 Shelby Mustangs that weren’t the “track-ready” iconic race cars the automaker marketed them as.

  • July 17, 2017

    Advocacy Group Loses Challenge Of Used-Car Safety Orders

    An automobile safety advocacy group lost its case challenging the Federal Trade Commission’s December settlement with General Motors and others over used-car safety certifications, when the D.C. Circuit ruled Friday that the group doesn’t have the authority to fight the FTC’s order.

  • July 14, 2017

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2017, our list of 156 attorneys under 40 whose legal accomplishments transcend their age.

  • July 14, 2017

    Post-McGill, Judge Holds Toyota Can Arbitrate Class Action

    A California judge on Thursday ordered to arbitration a putative class action alleging Toyota Motor Credit Corp. applies illegal fees when repossessing leased vehicles, rejecting the plaintiff's arguments that a class waiver within Toyota’s arbitration clause is unenforceable in light of the California Supreme Court’s McGill opinion.

  • July 14, 2017

    Ariz. Driver Rests Case In GM Ignition-Switch Bellwether

    An Arizona man who says a defective General Motors ignition switch made him hit another car rested his bellwether case in New York federal court on Friday, shortly after presenting an accident reconstructionist who said the car would have stopped sooner without the alleged defect.

  • July 14, 2017

    University Immune But IPR Can Continue Against Toyota

    Citing sovereign immunity, the Patent Trial and Appeal Board dismissed the University of Minnesota from an inter partes review on Thursday but said the proceeding could continue against Toyota, which co-owns the challenged patent.

  • July 14, 2017

    Honda To Recall 2.1M Accords Over Risk Of Battery Fire

    Honda Motor Co. is recalling about 2.1 million vehicles worldwide due to a possible fire risk associated with 12-volt battery sensors in 2013-16 Honda Accords, the company said Friday.

  • July 14, 2017

    Ohio State In Bed With Nike, Honda On Player IP, Suit Says

    Ohio State University and sports marketing company IMG College were hit Friday with antitrust class claims of conspiring with Nike and Honda to deny compensation to the school's former football players for use of their likenesses.

  • July 14, 2017

    BMW ‘Got Off Easy’ In ID Theft Verdict, 9th Circ. Judge Says

    A Ninth Circuit judge told BMW’s financing arm Friday that it “got off easy” when a jury awarded $430,000 to a man who said the company failed to adequately investigate the man’s identity theft claim, saying he expects many companies are going to face similar consumer protection suits in the future.

  • July 14, 2017

    Uber Wins Arbitration Bid In Ill. Driver Wage Fight

    An Illinois federal judge on Friday granted a bid from Uber Technologies Inc. to compel arbitration in a proposed class action alleging the ride-hailing service misclassified drivers as independent contractors, but refused to toss the case as a whole.

  • July 14, 2017

    Fiat Chrysler Recalls 1.34M Cars Over Fire, Air Bag Risks

    Fiat Chrysler Automobiles NV said Friday it is voluntary recalling 1.34 million vehicles globally in two separate recalls to address potential fire risks from worn alternators as well as concerns that wiring issues might inadvertently deploy air bags.

Expert Analysis

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Daubert And Product Liability: Mid-2017 Update — Part 1

    Max Kennerly

    A good way to understand the state of the Daubert standard in product liability cases is to examine the four most recent published circuit court opinions. All have one thing in common: The defendants framed Daubert as a matter of pseudoscientific absolutes, and the courts rejected the defendants at every turn, says Max Kennerly of Kennerly Loutey LLC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • New Chance To Bypass DMCA Copyright Circumvention Ban

    Jacqueline Charlesworth

    The U.S. Copyright Office recently initiated its seventh triennial rulemaking proceeding​ to evaluate proposed exemptions to the anti-circumvention provision in the Digital Millennium Copyright Act. With each passing cycle, the proceeding has grown in interest, participation and complexity, say Jacqueline Charlesworth, former general counsel of the Copyright Office, and Michelle Choe of Covington & Burling LLP.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Opinion

    Why 'Class Action Attorney Fees' Are Such Dirty Words

    Dan Karon

    What drives disdain for plaintiffs class action lawyers getting paid? While stupid class actions filed by feckless lawyers are a disgrace, good class actions are essential. Without risk-taking plaintiffs lawyers, there would be no defense lawyers, and corporate cheaters would run amuck, ravaging consumers and victimizing well-behaving companies, says Daniel Karon of Karon LLC.

  • Opinion

    Senate Should Reject Choice Act And Its Payday Free Pass

    Steven Tindall

    Buried in the Financial Choice Act is a provision that eliminates the ability of the Consumer Financial Protection Bureau to exercise any authority with respect to payday loans. Whatever your politics, it’s hard to argue that the current state of the small-dollar loan industry is the best it can be for consumers, and this provision would give lenders a free pass from the CFPB, say Steven Tindall and Shane Howarter of Gibbs Law Group LLP.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Unstructured Data Is Just The Tip Of The Iceberg

    David Turner

    Recent amendments to the Rules of Civil Procedure mean issues like spoliation, sanctions and adverse impacts are focus areas for many attorneys, providers and clients. David Turner of FTI Consulting Inc. discusses the technological best practices regarding preservation and proportionality, as well as the challenges associated with clients' structured data.

  • 5 Questions To Ask Firm Before Accepting A Litigation AFA

    Gregory Lantier

    Outside counsel experienced with alternative fee arrangements will have many war stories regarding successful — and less successful — fee arrangements. Asking outside counsel to share these experiences can provide useful insight into the strength of a proposed AFA, say attorneys with WilmerHale.