• February 20, 2018

    VW, Audi, Bosch Push To End Non-Diesel Emissions Suits

    Volkswagen AG, its subsidiary Audi and supplier Robert Bosch GmbH have asked a California federal judge to dismiss suits that accuse them of cheating on emissions tests for thousands of non-diesel vehicles, saying the suits are vague and unsupported by regulators’ findings.

  • February 20, 2018

    Uber Says It's Not Delaying NYC Cabbies' Wage Suit

    Uber Technologies Inc. pushed back against a remark made by New York taxi drivers awaiting a ruling on whether their wage-and-hour claims can be heard as a collective, saying in a letter on Friday it wasn’t intentionally delaying the case.

  • February 20, 2018

    EPA Defends Superfund Listings' Logic At DC Circ.

    A D.C. Circuit panel pressed the U.S. Environmental Protection Agency in oral arguments Tuesday to justify the reasoning underlying its placement of sites in Indiana and Colorado on the federal Superfund list, with the judges expressing doubt about agency efforts to show connections between two aquifers.

  • February 20, 2018

    NBA Player Gets OK To Exit Damaged Rolls-Royce Suit

    A Missouri federal judge on Friday dismissed a car dealership's claims accusing San Antonio Spurs small forward Rudy Gay of selling it a damaged Rolls-Royce Phantom through a third party, saying the dealership failed to prove the third-party seller acted as Gay’s “agent.”

  • February 20, 2018

    United's $37M Deal For Fired Execs Hurt Co., Investor Says

    An institutional investor in the parent company of United Airlines filed an amended derivative suit Tuesday in Delaware Chancery Court alleging the company’s directors breached their fiduciary duties by awarding $37 million in severance packages to executives terminated for their roles in a bribery scandal.

  • February 20, 2018

    6th Circ. Will Hear Objections To $40M Deals In Car Parts MDL

    A Sixth Circuit panel on Friday swatted down efforts by a group of vehicle buyers to quash objections to $40 million in settlements in antitrust multidistrict litigation against a pair of auto parts companies. 

  • February 20, 2018

    Mass. Is Stalling Pipeline Permit, Enbridge Unit Tells DC Circ.

    An Enbridge Inc. unit told the D.C. Circuit on Friday that Massachusetts' environmental regulator missed the deadline for acting on its application for an air permit for a proposed natural gas compression station in Weymouth, which is part of its controversial Atlantic Bridge pipeline project.

  • February 20, 2018

    Dems Press EPA Chief About Expensed 1st-Class Travel

    U.S. Environmental Protection Agency head Scott Pruitt caught heat Tuesday over his reported first-class travel on the taxpayer's dime when Democrats on the House Energy and Commerce Committee questioned how he justified the expenditures.

  • February 20, 2018

    High Court Won't Touch Amtrak On-Time Train Ruling

    The U.S. Supreme Court on Tuesday denied Amtrak’s bid to reinstate a 2016 rule defining the threshold for triggering a federal investigation into railroads that may not be giving priority to Amtrak trains over cargo-hauling trains on their tracks despite being required by federal law to do so.

  • February 20, 2018

    Ukraine Submits Case For Arbitration In Row With Russia

    Ukraine has outlined its case to arbitrators for natural resources and other rights in and around the Black Sea that it says Russia effectively seized when its troops invaded Crimea in 2014, the country said on Monday. 

  • February 20, 2018

    Towns Can't Regulate Pipeline Locations, Pa. Court Rules

    The Pennsylvania Commonwealth Court on Tuesday ruled that a suburban Philadelphia township’s zoning ordinance does not stand in the way of Sunoco Pipeline LP’s controversial Mariner East 2 natural gas pipeline, pointing to the project’s already established “public utility” status.

  • February 20, 2018

    Railroad Cos. Tell High Court $13.3M In Options Not Taxable

    Subsidiaries of the Canadian National Railway Co. asked the U.S. Supreme Court on Friday to reverse a Seventh Circuit decision and conclude that $13.3 million in stock options given to their employees was not taxable income under a federal railroad law.

  • February 16, 2018

    3 Things To Know About The 4th Circ.'s Travel Ban Ruling

    The Fourth Circuit on Thursday ruled against the third version of President Donald Trump’s travel ban in a sprawling 285-page decision, and we read all of it so you don’t have to. Here are three things to know about the ruling.

  • February 16, 2018

    Driver Files Sex Harass Suit Against Trucking Companies

    Trucking companies American Driver Resource and Navistar International Corp. subjected a female driver to sexual harassment, used racial epithets in her presence and then ignored her when she complained, according a suit filed in Illinois federal court Friday.

  • February 16, 2018

    Muni Market Shaken By Puerto Rico Special Revenues Ruling

    Municipal bonds secured by pledged special revenue streams have long been prized as safe bets, but a recent ruling in Puerto Rico’s restructuring cases that payment on those obligations is not required in bankruptcy has riled investors and left legal experts confounded over a largely untested Bankruptcy Code provision.

  • February 16, 2018

    Takata Wins Nod For Ch. 11 Plan Confirmation, $1.6B Sale

    A Delaware bankruptcy judge agreed Friday to confirm Takata’s Chapter 11 plan that centers on a $1.6 billion sale to Key Safety Systems Inc. and uses proceeds to pay victims of Takata's dangerously defective air-bag inflators, after hearing that the major creditor groups were all on board.

  • February 16, 2018

    Don't Let PennEast Pipeline Proceed, NJ Tells FERC

    New Jersey’s environmental watchdog and a state park board on Friday asked the Federal Energy Regulatory Commission to reverse its decision to issue a conditional certificate for the $1 billion PennEast gas pipeline, saying FERC relied on “woefully insufficient data.”

  • February 16, 2018

    Insurer Says Utah Bank, Finance Co. Can't Duck Award

    Allied World Assurance urged federal courts in Utah and New York on Thursday to confirm an international arbitration award against the Bank of Utah and a finance company valued at $424,392 and argued that the separate cases should not be consolidated.

  • February 16, 2018

    NLRB Tees Up Misclassification Standard For Review

    The National Labor Relations Board on Thursday called for input on whether the agency should treat misclassifying a worker as an independent contractor as a violation of federal labor law — a “drastic departure from established precedent,” according to the U.S. Chamber of Commerce.

  • February 16, 2018

    Uber Driver Can't Sue Over Gun-Carrying Ban, Judge Says

    A Florida federal judge on Friday tossed an Uber driver’s proposed class action alleging the rideshare giant’s rule prohibiting drivers and passengers from carrying a gun violates their constitutional rights, finding that the driver has not claimed he’s been harmed by the policy and therefore can’t sue.

Expert Analysis

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Travel Sentry V. Tropp: A Threat To Direct Infringement?

    Charanjit Brahma

    The recent decision in Travel Sentry v. Tropp represents the Federal Circuit’s latest re-evaluation of the standard for divided infringement and underscores the potential breadth of the scope of divided direct infringement under Akamai V, say Charanjit Brahma and Anup Shah of Troutman Sanders LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Rebuilding Texas: Sealed Proposals And Job Order Contracts

    Brian Gaudet

    For members of the construction industry planning to engage in reconstruction projects following Hurricane Harvey, it is important to know how Texas public procurement law regulates two alternative project delivery methods — competitive sealed proposals and job order contracting, say Brian Gaudet and Courtney Lynch of Kilpatrick Townsend & Stockton LLP. ​

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • When Attorneys Get Ensnared In FCPA Misconduct

    Louis Ramos

    The prosecutions of veteran lawyers at two multinational corporations — Keppel and PetroTiger — offer a sobering truth: Those responsible for protecting their companies from corruption-related risks can be held criminally accountable for their lapses in judgment. Recently unsealed court documents shed light on potential pitfalls for both legal and compliance professionals, say Louis Ramos and Benjamin Klein of DLA Piper.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Rebuilding Texas: Design-Build In Public Procurement

    Brian Gaudet

    Following Hurricane Harvey, members of the construction industry planning to engage in reconstruction projects should understand the design-build delivery method under the Texas public procurement statutes. Design-build projects for buildings are treated differently than design-build civil projects, say Brian Gaudet and Courtney Lynch of Kilpatrick Townsend & Stockton LLP and Traci Donatto of American Constructors Inc.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.

  • The Public Finance Industry Dodged A Tax Reform Bullet

    Victoria Ozimek

    The passage of the tax bill brought an end to a nearly two-month rollercoaster ride that had the public finance industry white-knuckled and a little green in the face. The final bill belied initial assurances that tax reform “won’t touch tax-exempt bonds,” but the end result could have been a lot worse, say Victoria Ozimek and Brian Teaff of Bracewell LLP.