• July 21, 2017

    St. Louis Cabbies Can't Prove Uber Stole Biz, Judge Says

    A Missouri federal judge ruled Friday that a proposed class of taxi drivers didn’t prove they had an expectation of future business that Uber purportedly stole from them when it intentionally flouted St. Louis regulations requiring all for-hire drivers to get fingerprinted and obtain commercial drivers’ licenses.

  • July 21, 2017

    BREAKING: Nissan Hit With $25M Verdict For Brake Defect In Fatal Crash

    A braking system software defect in a Nissan-made SUV was the cause of a traffic accident that killed three people, a California jury held on Friday, awarding roughly $25 million to the surviving driver and family members of the deceased.

  • July 21, 2017

    Uber Seeks Sanctions In Driver Misclassification Suit

    A law firm representing a class of Uber drivers claiming they were misclassified as independent contractors and denied appropriate tips has improperly used a list of class members to solicit future clients, Uber told a California federal court on Thursday, seeking sanctions while the drivers’ lawyers called the argument “patently frivolous.”

  • July 21, 2017

    Audi To Recall 850K Diesel Vehicles Outside US, Canada

    Audi AG will be recalling up to 850,000 diesel vehicles outside of the U.S. and Canada to fix emissions-related software, the company said Friday, adding that the decision was made in part to counteract possible driving bans tied to excessive diesel emissions.

  • July 20, 2017

    IP Attys Taking 'Extreme Liberties' With Truth, Judge Says

    A California federal judge complained at a hearing Thursday that it’s become commonplace for patent attorneys and their clients to take “extreme liberties with the truth and reality,” saying during a post-trial hearing in a dispute between two tire companies that such practices need to be reined in.

  • July 20, 2017

    Honda Engineer Should Testify In Takata MDL: Special Master

    A special master in multidistrict litigation over Takata air bags on Wednesday urged a Florida federal judge to compel the deposition of a Honda engineer who said he knew the truth about allegedly defective inflators and compared himself to Edward Snowden in a 2013 email.

  • July 20, 2017

    Delaware Court Weighs Israel's Reach In Car Firm's Ch. 15

    An attempt to pull the plug on a suit in Israel against former directors of a defunct electric-car maker set off sparks Thursday in a Delaware bankruptcy courtroom, with one side warning that the outcome could shake corporation law and U.S. public policy.

  • July 20, 2017

    Takata Seeks Ch. 11 Rep For Future Air Bag Injury Claimants

    Bankrupt air bag maker Takata asked a Delaware federal judge Thursday to appoint a representative to handle the claims of customers who sustain injuries from the company’s air bags after the filing of its Chapter 11 case.

  • July 20, 2017

    Sessions Memo Leads DOJ To Nix $3M Harley Enviro Project

    The U.S. Department of Justice on Thursday told a D.C. federal judge that it wants to cut a $3 million environmental project from an already-proposed settlement with Harley-Davidson Inc. over allegations that the company used engine emission cheat devices, in order to comply with new DOJ policy.

  • July 20, 2017

    Geico's Bad Faith Win Should Stand, Fla. Justices Told

    Geico urged the Florida Supreme Court to uphold a finding that the insurer did not act in bad faith by not settling claims against a policyholder later hit with an $8.7 million fatal-crash judgment, asserting Thursday that an appellate decision for Geico was consistent with established bad faith law.

  • July 20, 2017

    Uber Fights Waymo Bid For Kalanick Letter In IP Dispute

    Uber Technologies Inc. on Wednesday asked a California federal court to deny a request by Alphabet Inc.’s self-driving car unit Waymo LLC for a letter in which Uber’s board reportedly urged then-CEO Travis Kalanick to resign, saying that it is irrelevant to the suit’s questions of whether Uber stole trade secrets or violated a patent.

  • July 19, 2017

    VW Bondholders Can Press On In Emissions Scandal MDL

    Bondholders can continue to bring a putative class action against Volkswagen alleging inflated bond values caused by the 2015 diesel emissions scandal, a California federal judge ruled Wednesday, though he trimmed some claims against corporate and individual defendants.

  • July 19, 2017

    GM Hid SUV Shifter Danger, Must Pay $2.9M, Jury Holds

    A Connecticut federal jury on Wednesday found that General Motors’ failure to warn about the dangers of the shifters in Chevrolet Suburbans caused an accident that killed an 8-year-old girl and injured her brother and hit the automaker with $2.875 million in damages.

  • July 19, 2017

    Jury Told Nissan Owes $231M For Fatal Crash-Causing Defect

    Attorneys for family members of three people killed in a traffic accident and the driver that hit them urged a California jury on Wednesday to find that the crash was caused by a brake defect in the driver’s Nissan-made SUV, and asked for more than $231 million in damages.

  • July 19, 2017

    House Subcommittee OKs Self-Driving Vehicle Legislation

    A U.S. House subcommittee on Wednesday approved proposed legislation that would federally regulate self-driving vehicles, a bipartisan effort that legislators on both sides of the aisle said was driven by a desire to improve safety on the nation’s roadways.

  • July 19, 2017

    GM Settlement Over Fuel-Economy Labels Gets Green Light

    A Michigan federal judge preliminarily approved on Wednesday General Motors LLC’s multimillion-dollar deal that would resolve a putative class action alleging the automaker overstated the fuel economy of three of its sport utility vehicles, with the class attorneys receiving $1.3 million in fees.

  • July 19, 2017

    CalAmp Hit With $12M Damages, Fees In Tracking IP Row

    A Florida federal judge on Wednesday tacked another $12 million in damages and attorneys' fees onto a $3 million jury award for Omega Patents LLC after finding that wireless communications manufacturer CalAmp Corp. infringed several patents covering vehicle tracking technology.

  • July 19, 2017

    Data Co. Can Sell Personal Crash Records, Judge Says

    An Indiana federal judge on Tuesday handed a win to a data analytics company facing a proposed class action from drivers over its sale of their personal information to businesses, saying the practice isn’t prevented by federal privacy laws when drivers hand their information over to anyone other than the department of motor vehicles.

  • July 19, 2017

    Volvo Can't Dodge Class Action Over Rear Camera Glitch

    A New Jersey federal judge on Tuesday kept alive a proposed class action alleging Volvo Cars of North America LLC equipped certain vehicles with defective rear cameras, saying the court needs more information before making a ruling.

  • July 19, 2017

    Panasonic, Others Fixed Auto Switch Prices, Buyers Say

    A group of Japanese companies including Panasonic Corp. and Mitsuba Corp. took part in a conspiracy to fix prices for switches used in automobiles, according to a proposed class action filed Tuesday in Michigan federal court.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Autonomous Vehicles And European Data Protection: Part 1

    Oliver Yaros

    The emergence of connected and autonomous vehicles will lead to industry participants collecting and analyzing immense amounts of data from those vehicles for many purposes. But first, key legal issues must be addressed. European data protection laws present particular challenges, say Oliver Yaros and Ryota Nishikawa of Mayer Brown LLP.

  • The Gov't Wants To Tell Your Car How To Drive Your Car

    Michael Nelson

    Congress has been an observer on the sidelines when it comes to laws related to automated cars — up until now. The House Energy and Commerce Committee recently released a series of discussion drafts that, if passed, would not only significantly increase the government’s oversight of highly automated vehicles, but also would look to free automakers from the current patchwork of state regulations, say attorneys with Eversheds Sutherland.

  • A Chat With FTC’s Thomas Pahl

    Lucy Morris

    Recently, I joined a “fireside chat” with Thomas Pahl, acting director of the Federal Trade Commission’s Bureau of Consumer Protection. He discussed the FTC’s consumer protection priorities and its initiative to reform the agency’s investigative process, says Lucy Morris of Hudson Cook LLC.

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • 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.