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  • September 20, 2018

    EEOC Asks 8th Circ. To Nix Fee Award After Failed Bias Suit

    The U.S. Equal Employment Opportunity Commission urged the Eighth Circuit to overturn a $3.3 million attorneys’ fee award entered against it after its failed sexual harassment suit against CRST Van Expedited Inc., arguing that the trucking company conflated the fee award standards for plaintiffs and defendants under Title VII.

  • September 20, 2018

    3rd Circ. Won't Revive Securities Fraud Row Against Hertz

    The Third Circuit on Thursday refused to revive a putative securities class action against Hertz Global Holdings Inc. over allegedly false and misleading statements about its financial condition and internal controls, saying the explanation that former company executives engaged in mismanagement is more plausible than shareholders' claims of a systemic fraud.

  • September 20, 2018

    Enterprise Beats Joint Employer Wage Suit For Now

    A Massachusetts federal judge has thrown out a proposed class action alleging that Enterprise Holdings Inc. and its subsidiaries jointly employed assistant branch managers who were misclassified as overtime-exempt.  

  • September 20, 2018

    EU Finds Italy In Hot Water Over Port Project Grants

    Italy broke European state aid rules by granting the Naples port authority €44 million ($52 million) to refurbish the city’s dry docks for the benefit of the country’s shipbuilding industry, but delays in collecting port concession fees didn’t violate rules, the EU said Thursday.

  • September 20, 2018

    Enviros Fight Revamped Federal Permits For $5B Pipeline

    Environmental groups have launched Fourth Circuit challenges to revised permits issued by U.S. Department of Interior agencies for the $5 billion Atlantic Coast gas pipeline, claiming the new permits suffer from similar flaws as the ones previously invalidated by the appeals court.

  • September 20, 2018

    British Luxury Carmarker Aston Martin Sets IPO Price Range

    Aston Martin Lagonda said on Thursday that it expects to sell 25 percent of its shares in an upcoming London initial public offering for between £17.50 ($23.22) and £22.50 apiece, which could give the British luxury carmaker a market capitalization ranging from £4.02 billion to £5.07 billion once it lists.

  • September 20, 2018

    DOT Says Hazmat Regs Override Calif. Trucker Break Rules

    The U.S. Department of Transportation determined Thursday that federal law preempts California's meal and rest break requirements for all motor vehicle operators transporting hazardous materials, granting a request from a trucking group to harmonize what it viewed as inconsistent regulations.

  • September 20, 2018

    Chicago Train Subcontractor Says It's Owed $8M For Work

    An engineering subcontractor for a Chicago L train renovation project slapped general contractor Ragnar Benson Construction LLC with an $8 million lawsuit in Illinois federal court Wednesday, alleging the construction firm prevented the engineering company from altering the subcontract to account for excusable delays and withheld payment for services already rendered.

  • September 19, 2018

    Fla. Enviros Want Order Freeing Land Buying Funds Enforced

    Environmental groups that won a state court judgment in June finding Florida misspent hundreds of millions of dollars in conservation land acquisition funds asked the Tallahassee circuit court Wednesday to lift a stay on the judgment while the state appeals.

  • September 19, 2018

    Award Slashed By $1M In Delta HIV Bias Suit

    A Nevada federal judge on Wednesday slashed a jury’s award for an ex-Delta Air Lines Inc. employee with HIV who alleged that the company failed to accommodate his medical condition and wrongfully fired him over it, reducing the $1.3 million award to meet the Americans with Disabilities Act’s $300,000 statutory limit.

  • September 19, 2018

    GM Criminal Case Ends After $900M Deal, 3-Year Oversight

    The U.S. Department of Justice’s criminal claims that General Motors Co. committed wire fraud and made false statements related to a deadly problem with ignition switches were officially dismissed in New York federal court Wednesday after three years of oversight following a $900 million deal.

  • September 19, 2018

    Fenwick & West Guides Proterra's $155M Funding Round

    Proterra Inc., which makes heavy-duty electric transportation equipment for the North American mass transit market, said on Wednesday that it has closed a $155 million funding round led by Daimler AG and family investment firm Tao Capital Partners, which was guided by Fenwick & West LLP.

  • September 19, 2018

    Progressive Must Face Most Of Drivers' Car Value Claims

    A California federal judge denied most of Progressive Casualty Insurance Co.'s motion to dismiss a driver's putative class action alleging it unfairly undervalued vehicles declared totaled, finding Wednesday that the driver's claims under the Unfair Competition Act are viable.

  • September 19, 2018

    Alaska Tells DC Circ. Not To Halt 'Roadless Rule' Case

    Alaska asked the D.C. Circuit not to pause an appeal in the state’s long-running challenge to the 2001 “roadless rule” aimed at limiting road construction in national forests, arguing that a rulemaking effort by the U.S. Department of Agriculture can’t address all its concerns.

  • September 19, 2018

    Drivers Reach $44.8M Deal With Toyoda Gosei In Parts MDL

    Toyoda Gosei has agreed to pay $44.8 million to end claims in multidistrict litigation it was part of a conspiracy to fix the prices of six types of auto parts, drivers told a Michigan federal judge Tuesday in their bid for initial approval of the class action settlement.

  • September 19, 2018

    Towing Co. Fees Exceeded Pittsburgh Limits, Suit Says

    A Pittsburgh towing company violated city rules and Pennsylvania’s consumer protection laws by charging more than allowed when towing unattended vehicles from private parking lots, and Home Depot knew the company was questionable but contracted with it anyway, according to a proposed class action lawsuit filed in state court on Tuesday.

  • September 19, 2018

    Real Estate Rumors: Spotify, Carlyle, Sterling Bay

    Spotify has reportedly subleased 85,666 square feet in Manhattan from the Port Authority of New York and New Jersey, a Carlyle venture is said to have sold three Florida self-storage buildings for $100 million and Sterling Bay has reportedly dropped roughly $20 million on a Chicago Fulton Market building.

  • September 19, 2018

    GrubHub Slams Driver's Bid For 'Gig Economy' Ruling Redo

    GrubHub Inc. on Tuesday slammed a former driver's attempt to persuade a California federal court to reconsider its finding that he was an independent contractor rather than an employee, saying he can't use the California Supreme Court's Dynamex ruling to thwart his ongoing Ninth Circuit appeal.

  • September 19, 2018

    2nd Circ. Says Limo Co. Is A Taxicab, Doesn't Owe Drivers OT

    The Second Circuit on Wednesday rejected a Fair Labor Standards Act suit from former drivers of a New York limousine company who claimed they were shorted on overtime, saying the company essentially operated a taxicab business so its drivers were exempt from overtime.

  • September 19, 2018

    Uber Driver Sues Jameis Winston Over Alleged Groping

    A female Uber driver whose accusation of groping led to Tampa Bay Buccaneers quarterback Jameis Winston’s three-game suspension filed a lawsuit in Arizona federal court Tuesday against the NFL player.

Expert Analysis

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • The Limitations Of NY's Anti-Sexual Harassment Law

    Ann-Elizabeth Ostrager

    A New York law that took effect this summer prohibits predispute agreements to arbitrate sexual harassment claims. Although well-intentioned, this provision is unlikely to significantly alter the status quo, say Ann-Elizabeth Ostrager and Jacob Singer of Sullivan & Cromwell LLP.

  • Intellectual Property Caught In US-China Trade Crossfire

    Holly White

    Earlier this year, President Donald Trump imposed tariffs on Chinese products as a response to China’s trade practices concerning technology transfer, intellectual property and innovation. The U.S.-Chinese trade war highlights the need to approach investments in China differently, taking a broad view of intellectual assets and looking beyond basic legal protection, says Holly White, a consultant at Rouse & Co.

  • Report Highlights Challenges Of Partial Vehicle Automation

    Laura Foggan

    A recent report from the Insurance Institute for Highway Safety, reviewing advances in vehicle automation technology, notes the difficult questions that may arise when assigning responsibility in an accident involving both a human driver and a vehicle equipped with automated driving technology, say attorneys with Crowell & Moring LLP.

  • Why State Marijuana-Impaired Driving Laws Need Reform

    Ian Stewart

    Because current state laws relating to marijuana-impaired driving lack an objective impairment standard, only those who clearly demonstrate impaired driving are likely to be prosecuted and convicted, says Ian Stewart of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • How The Beijing Convention Is Changing Aviation Security

    James Jordan

    The recently enacted Beijing Convention has created a new international legal framework around emerging threats to the safety of civil aviation, including illegal transport of biological, chemical and nuclear material. But it may also expose carriers and their employees to criminal liability if legitimate activities are not carefully managed, says James Jordan of Holman Fenwick Willan LLP.

  • A Look At OIG's Medicare Exclusion Analysis Under FCA

    David Blank

    A U.S. Department of Health and Human Services administrative law judge recently upheld a ruling from the Office of Inspector General against BestCare and its CEO based on submissions of false claims to Medicare for mileage reimbursement. The decision is notable as it’s the first of its kind since 2011, says David Blank of Quarles & Brady LLP.

  • 3 Risk Management Options For Autonomous Vehicle Makers

    Patrick Reilly

    While there are no precedential court decisions involving an autonomous vehicle accident yet, it's only a matter of time. In-house counsel should consider a range of legal, professional and technological measures to avoid or mitigate the litigation risks, say attorneys with Faegre Baker Daniels LLP.

  • Insurance In The Age Of Vehicle Autonomy And Ride-Sharing

    Robert Campedel

    Programs involving the use of autonomous vehicles by parties other than direct owners, such as ride-share, peer-to-peer, and leasing and rental programs, create new insurance issues for manufacturers, owners, lessors and users of autonomous vehicles, says Robert Campedel of Eckert Seamans Cherin & Mellott LLC.