• August 25, 2017

    Enviros Seek Records On Industry Role In Fuel Reg Rollback

    The Center for Biological Diversity wants the federal government to hand over any communications it may have had with auto industry lobbyists related to the potential rollback of fuel economy standards, the environmental group announced Thursday.

  • August 25, 2017

    Judge Unleashes Seattle's Uber Unionization Law

    A Washington federal judge on Thursday lifted a preliminary block on Seattle's Uber ordinance allowing gig-economy drivers to unionize, dismissing one suit brought by drivers and denying the U.S. Chamber of Commerce a new injunction as the business lobby seeks to revive its antitrust challenge.

  • August 25, 2017

    VW Engineer Gets 40-Month Sentence In Emissions Scandal

    A Michigan federal judge on Friday sentenced a Volkswagen AG engineer who pled guilty to charges stemming from the diesel emissions scandal to 40 months in prison, slightly longer than the three-year prison term sought by prosecutors.

  • August 25, 2017

    2 Uber Investors Side With Kalanick In Benchmark Suit

    Battle lines sharpened late Thursday in a Delaware Chancery Court fight for control of global ride-share behemoth Uber Technologies Inc., with two company investors seeking to intervene on the side of Uber founder and ex-CEO Travis Kalanick and claiming “improper influences” by his chief critics.

  • August 24, 2017

    NLRB To Make Appearance In 9th Circ. Uber Labor Fight

    The Ninth Circuit said Tuesday the National Labor Relations Board can speak its piece in a planned oral argument next month over whether Uber Technologies Inc. may enforce arbitration agreements with employees who allege they were stiffed on tips and misclassified as independent contractors.

  • August 24, 2017

    Counsel Gets Trimmed $1.2M Award In BMW Roof Defect Suit

    A New Jersey federal judge on Thursday awarded nearly $1.2 million in attorneys' fees and costs to class counsel in a settled action against BMW AG over an alleged roof defect in 6 Series convertibles, saying the lawyers' bid for a higher amount mischaracterized the nature of the settlement.

  • August 24, 2017

    Uber Rider Asks 2nd Circ. To Tweak Price-Fix Ruling

    An Uber Technologies Inc. customer fighting arbitration of his price-fixing claims asked the Second Circuit on Thursday to modify its Aug. 17 ruling to allow U.S. District Judge Jed Rakoff to consider new information on remand about the visibility of the company’s terms of service.

  • August 24, 2017

    Takata Creditor Plan's $3.5M Moelis Fee Riles Carmakers

    Six big automakers objected late Wednesday to a Takata bankruptcy creditors committee’s proposal to pay a $3.5 million restructuring fee to Moelis & Co. LLC as part of its retention as the committee's investment banker.

  • August 24, 2017

    Arbitration Demand In Uber Battle Harmful, Investor Warns

    Uber Technologies Inc. founder Travis Kalanick’s “extraordinary” effort to compel arbitration in a board control battle with Benchmark Capital Partners LP could thwart important protections for Delaware corporation shareholders, the private equity investor said in a court filing on Thursday.

  • August 24, 2017

    Ford Vehicles Made With Faulty Lug Nuts, Drivers Say

    Ford Motor Co. has manufactured vehicles with defective lug nuts that are aesthetically pleasing but often swell and delaminate so much that drivers are unable to remove them with a lug wrench provided by Ford, forcing them to pay a professional to replace the parts, according to a proposed class action filed Thursday in Michigan federal court.

  • August 24, 2017

    Amid Ch. 7, Yellow Cab Deal With Atty Gets Judge's OK

    An Illinois bankruptcy judge on Thursday gave the go-ahead to a deal that would discount a $26 million judgment entered against a Chicago cab company over an accident that left an attorney severely injured, but the company’s Chapter 7 trustee said payment is still fairly unlikely.

  • August 24, 2017

    Nucap Must Reveal Emails In Bosch IP Fight, Judge Says

    An Illinois federal magistrate judge on Wednesday said Nucap Industries Inc. must hand over unredacted versions of certain emails to a pair of Robert Bosch GmbH units in a lawsuit over Bosch’s alleged theft of brake design components, ruling that they are not protected by attorney-client privilege.

  • August 24, 2017

    6th Circ. Panel Backs AutoZone Win In Race, Age Bias Suit

    A Sixth Circuit panel on Wednesday upheld a win for an AutoZone Inc. subsidiary over race and age discrimination claims from an African-American former claims coordinator, saying that a lower court was right to grant the company a quick win on all her allegations.

  • August 23, 2017

    Fiat Chrysler Beats Race Bias, Hostile Workplace Suit

    A black worker who alleged that Fiat Chrysler Automobiles US LLC let her coworkers harass her over her race cannot sue the carmaker because she didn’t list her hostile work environment claims as assets when filing for bankruptcy in 2008, a Michigan federal judge ruled Tuesday.

  • August 23, 2017

    Calif. Car Dealer Can Arbitrate Wage Claim, Panel Says

    A California state appellate court has ruled that an arbitration provision between an Oakland Toyota dealership and a former employee is valid and that the former mechanic must arbitrate his claim that he wasn’t properly paid.

  • August 23, 2017

    Takata Seeks OK To Pay Retainer Of $1B Fund's Master

    Bankrupt air-bag maker Takata asked for court permission Wednesday in Delaware to pay half the $400,000 retainer fee required by the special master appointed to oversee a $1 billion fund created through a plea agreement with the U.S. Department of Justice to pay restitution to victims of Takata's faulty air-bag inflators.

  • August 23, 2017

    Fla. Better Than Calif. For Auto Antitrust MDL, Drivers Say

    A group of drivers alleging German automakers illegally shared sensitive information with each other asked the Judicial Panel on Multidistrict Litigation on Tuesday to centralize the proposed class actions in Florida federal court rather than in California.

  • August 23, 2017

    Chrysler Seeks Sanctions For Lost Evidence In Defect Suit

    Fiat Chrysler on Tuesday called for sanctions in a proposed class action brought by Dodge Dart owners alleging clutch defects, telling a California federal judge that the drivers leading the suit allowed key evidence to be discarded as junk.

  • August 23, 2017

    Honigman Miller Adds Top FTC Atty To Chicago Privacy Group

    Honigman Miller Schwartz and Cohn LLP announced Wednesday it has hired a 17-year veteran of the Federal Trade Commission to head its cybersecurity and privacy practice as well as its brand-new autonomous vehicle group.

  • August 23, 2017

    Hyundai Must Face Suit Over Self-Opening Trunk Claims

    A Pennsylvania federal judge on Tuesday ruled that a consumer accusing Hyundai Motor America of making misleading claims about a self-opening trunk feature across multiple vehicle models had standing to pursue a class action despite owning only one of the vehicle models at issue.

Expert Analysis

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Daubert And Product Liability: Mid-2017 Update — Part 2

    Max Kennerly headshot.jpg

    A review of recent circuit court opinions shows that, as the U.S. Supreme Court intended, the Daubert standard is flexible because science itself is flexible. Daubert is a means by which courts ensure that juries aren’t subjected to unsupported speculation; it’s not a grocery list of arbitrary requirements, says Max Kennerly of Kennerly Loutey LLC.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • 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.