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  • April 30, 2018

    EPA Can't Exempt Blenders From Biofuel Regs, DC Circ. Told

    The U.S. Environmental Protection Agency flouted the Clean Air Act by refusing to shift some of the obligation for blending renewable fuels into the nation’s transportation fuel supply from refiners to fuel blenders as part of the agency’s Renewable Fuel Standard program, refiners told the D.C. Circuit Friday.

  • April 30, 2018

    Chinese Co., US Distributor Resist Injunction In Ford Fight

    A Chinese manufacturer of automotive diagnostic tools and its U.S. distributor battled Ford’s bid for a preliminary injunction in the auto giant's trade secret and trademark infringement suit, telling a Michigan federal judge Friday that the request is Ford’s attempt to elicit an unreasonable settlement and could put their entire business at risk.

  • April 27, 2018

    Goodyear Could Have Fought Pension Suit Earlier, Judge Says

    An Alabama federal judge told the Goodyear Pension Plan on Thursday that it could have tried to torpedo an 86-year-old worker's lawsuit over the clarity of plan rules much sooner, and it likely would have succeeded. 

  • April 27, 2018

    Uber Says Ill. AG, Not Chicago, Must Sue Over Data Breach

    Ride-share giant Uber on Friday asked an Illinois state court judge to either dismiss or pause a lawsuit accusing it of failing to protect 57 million users’ data and then trying to cover up a 2016 breach, saying the Cook County state's attorney lacks statutory standing to bring those claims and the only person who does — the Illinois attorney general — is already working the case.

  • April 27, 2018

    Tesla Can't Appeal Green Light For Suit Over SolarCity Tie-Up

    A request from Tesla Motors Inc. for an appeal of a Delaware Chancery Court judge’s decision allowing a shareholder suit over the carmaker’s $2.6 billion acquisition of SolarCity Corp. was denied Friday by the same judge, who said that it would be inappropriate to stall the litigation.

  • April 27, 2018

    GM Faces Potential $1B Payout Tied To Defective Switches

    The bankruptcy trust of Old GM has reached a settlement over legacy ignition switch lawsuits that could cost the reorganized New GM $1 billion if it’s approved by the New York bankruptcy court overseeing the case.

  • April 27, 2018

    VW Shattering-Sunroof Suit Nixed For Being Too Late

    A driver alleging Volkswagen Group of America Inc. manufactured vehicles with shatter-susceptible sunroofs waited too long to bring his warranty breach claims, a New Jersey federal judge said Thursday when tossing his proposed class action.

  • April 26, 2018

    New Fees, Regs For Uber Under Calif. PUC Reclassification

    Uber Technologies Inc. will now be regulated in its home state like limousines and tour buses after the California Public Utilities Commission tweaked the ride-hailing giant’s classification on Thursday, ruling that Uber is both a transportation network company and a charter party carrier.

  • April 26, 2018

    Uber Sex Assault Victims Press Board To End Arbitration Bid

    More than a dozen women sent Uber’s board of directors a letter Thursday asking that they be freed from the constraints of arbitration provisions contained in their consumer agreements so they can pursue a class action alleging that inadequate driver screening procedures led to them and others being raped, harassed or sexually assaulted.

  • April 26, 2018

    EPA's Pruitt Faces Tough Ethics Questions On Capitol Hill

    House Republicans largely gave embattled U.S. Environmental Protection Agency Administrator Scott Pruitt the kid glove treatment during two hearings on Thursday, praising him for actions such as rescinding the Clean Power Plan and the Clean Water Rule, but he couldn't avoid scores of questions over a series of ethics scandals.

  • April 26, 2018

    Uber Updates 'Bug Bounty' Policy After Hidden Data Breach

    Uber on Thursday said it would explicitly bar cybersecurity researchers from shaking it down or downloading user data while seeking rewards for reporting software flaws, in a policy shift that addresses concerns from the company's botched response to a 2016 data breach that has spawned a slew of regulatory probes and lawsuits.

  • April 26, 2018

    Austrian Auto Lighting Maker Reveals $1.3B Sale To LG

    Austria-based automotive lighting and headlight maker ZKW Holding GmbH has agreed to be acquired by South Korea’s LG Electronics Inc. and its holding company LG Corp. for €1.1 billion ($1.3 billion), the company said Thursday.

  • April 26, 2018

    GM Gets NY Law Liability Claims Tossed From Ignition MDL

    A New York federal judge Wednesday reconsidered and dismissed some successor liability claims against General Motors LLC in its faulty ignition switch multidistrict litigation, saying plaintiffs in Texas and Virginia with liability claims governed by New York state law could not prove a continuity of ownership between GM's pre-2009 bankruptcy form and the current corporation.

  • April 26, 2018

    Uber Tries To Ditch Boston Cabbie's Antitrust Claims

    Uber asked a Massachusetts federal judge Wednesday to toss antitrust claims in a Boston cab driver's proposed class action alleging the ride-hailing giant monopolized the market by helping its drivers circumvent local taxi rules, saying it’s implausible to call Uber anti-competitive for increasing consumer choices in a “gerrymandered” market.

  • April 25, 2018

    EU Invests Funds, Working On Standards To Spur AI Growth

    The European Commission on Wednesday stepped up its efforts to be a global leader in artificial intelligence, announcing the investment of €1.5 billion ($1.83 billion) to boost research in the transportation, health care and other key sectors and revealing plans to develop ethical guidelines and product liability standards before the end of next year.

  • April 25, 2018

    VW Strikes $33M Deal With Md. Over Diesel Emissions

    Volkswagen AG agreed to a deal valued at $33.5 million to close out Maryland’s claims that the automaker violated state law by using so-called defeat device software in its diesel-powered cars, the Old Line State said Wednesday.

  • April 25, 2018

    Google Fights Uber's Intervention In Ex-Execs' Arbitration

    Google LLC told a California appeals court Wednesday that Uber Technologies Inc. shouldn’t be allowed to intervene in its arbitration with two former employees accused of defecting to Uber with stolen trade secrets, arguing during a hearing that Uber is not a party to it and "can't keep jumping in on the sidelines."

  • April 25, 2018

    GST AutoLeather Reaches Global Deal On Ch. 11 Confirmation

    Vehicle upholstery maker GST AutoLeather received court approval Wednesday in Delaware for a Chapter 11 plan centered around a sale of its assets and the creation of a cash pool for recoveries by creditors.

  • April 25, 2018

    Arbitral Award Confirmed In Kuwaiti Dealer Row With Ford

    A Michigan federal judge on Wednesday denied a Kuwaiti auto dealer’s motion to overturn an arbitral decision that Ford Motor Co. properly terminated its resale agreement, finding a federal motor vehicle law does not apply to contracts between domestic manufacturers and foreign dealers.

  • April 25, 2018

    Elio Motors Puts Brakes On IPO, Pursues Coin Offering

    Three-wheeled carmaker Elio Motors Inc. on Wednesday scrapped its plans for a $100 million initial public offering, one day after the company said it would ride the cryptocurrency route and pursue a coin offering to fund production of its yet-to-be-made vehicle.

Expert Analysis

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Car Seat Heaters Still Producing Burns — And Litigation

    Sean Kane

    Despite decades of research on safe temperature thresholds for car seat heaters, some automakers are still designing heaters to work in higher temperature ranges, still manufacturing heaters that get much hotter than their design specifications and still forgoing simple countermeasures that their peers have been implementing since the 1980s, say Sean Kane and Ellen Liberman of Safety Research & Strategies Inc.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • 2 'Pass-Through' Hurdles For Indirect Purchaser Plaintiffs

    Jon Tomlin

    As several recent decisions demonstrate, indirect purchaser plaintiffs aiming to establish that any price-fixing overcharges imposed by manufacturers were ultimately “passed through” to them face a formidable economic task, says Jon Tomlin of Navigant Consulting.

  • Auto Dealers Should Note FTC’s Deceptive Ad Actions

    Christian Scali

    The Federal Trade Commission recently announced it approved a final consent order settling charges against an auto dealership after it disseminated full-page Spanish-language advertisements in print and online. While this action is among the first taken by the FTC to explicitly pursue auto dealers who deceive consumers by switching languages, there have been similar crackdowns in recent years, say attorneys with Scali Rasmussen.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How California Energy Laws Changed In 2017: Part 2

    Ella Foley Gannon

    The laws relating to energy that were enacted during the 2017 California state legislative session will bring a host of changes to existing state programs and policies. Interested stakeholders must familiarize themselves with the state's new policies on solar consumer protection, emerging technologies, zero-emission vehicles and retail utilities, say attorneys with Morgan Lewis & Bockius LLP.