• May 10, 2018

    Enbridge, Tribe Slam ALJ Report Rejecting New Pipeline Route

    The company behind a pipeline replacement project on Wednesday opposed an administrative law judge's recommendation that the company's new pipeline should be constructed only on the route of the one already there, a sentiment echoed by a Native American band.

  • May 10, 2018

    Coal Co. Wants Wash. Permit Fight To Stay In Federal Court

    Lighthouse Resource Inc., which sued state officials over their refusal to grant permits for a planned coal export facility, asked a Washington federal court to allow the suit to move forward, saying it challenges the state's refusal to consider any coal-related project and doesn't repeat claims brought in local cases.

  • May 9, 2018

    Biofuel Groups Back EPA In Renewable Fuel Spat

    Three biofuel industry groups have told the D.C. Circuit that a slew of refiners' challenge to a U.S. Environmental Protection Agency rule that set the levels of renewable fuel to be blended into the nation’s fuel supply will, if successful, undermine the congressional intent for a market-driven standard.

  • May 9, 2018

    Ex-BNSF Atty Wants Suit Over $4.3M Verdict In Federal Court

    A Kansas attorney being accused by ex-client BNSF Railway Co. of blowing its case and paving the way for a $4.3 million jury verdict for an injured rail worker sought Tuesday to move the Missouri state action to federal court.

  • May 9, 2018

    9th Circ. Asks For Help Navigating Calif. Airline Wage Rows

    The Ninth Circuit on Wednesday asked the California Supreme Court to decide how the state’s minimum wage law and labor codes apply to certain situations in a trio of wage suits pilots and flight attendants had filed against United Airlines and Delta.

  • May 9, 2018

    Chinese Tire Cos. Fight Toyo's Bid To Up Damages In IP Row

    Toyo Tire & Rubber Co. shouldn't be able to double-dip on damages in a trade dress infringement dispute, two Chinese tire makers told a California federal judge, saying the Japanese tire giant already snagged a $1.62 million contempt judgment and isn't otherwise entitled to enhanced damages and attorneys' fees.

  • May 9, 2018

    The US Has Exited The Iran Deal. What Happens Now?

    The Trump administration’s decision to pull out of a historic nuclear disarmament deal with Iran will have serious ramifications for global geopolitics and national security, but the move will in the near term have its most pointed effect on companies doing or considering business in Iran.

  • May 9, 2018

    DOT Picks Expanded Drone Ops Test Sites, Mulls New Rules

    The U.S. Department of Transportation on Wednesday picked 10 sites in Alaska, California, Florida, Nevada, North Dakota, North Carolina, Kansas, Oklahoma, Virginia and Tennessee to test expanded drone operations, including package-delivery and nighttime flights, and is considering additional new rules for drones.

  • May 9, 2018

    No Board OK Means No Deal In Fight Over Yacht Paint Job

    An English judge ruled Wednesday that a dispute over a bad paint job on a luxury superyacht was never settled during formal negotiations so the builder can continue to press its case before arbitrators.

  • May 9, 2018

    Uber Slams Drivers' Push For Punitives In 'Safe Ride Fee' Row

    Uber Technologies Inc. fired back Tuesday at a certified class of drivers seeking to delve into the ride-hailing giant's financials to support their bid for punitive damages, in a suit alleging Uber improperly took a cut of drivers' fares by instituting a $1 “safe rides fee.”

  • May 9, 2018

    Food Distributor Hit With Class Action Over Driver OT

    Organic grocery products distributor United Natural Foods Inc. has been slammed with a putative class action in New Jersey state court alleging it doesn’t pay its Garden State drivers the state-mandated overtime pay rate of one and a half times their regular hourly rate.

  • May 9, 2018

    Disney 'Minnie Van' Drivers Can Join Union: NLRB Officer

    The National Labor Relations Board's Tampa regional director on Tuesday granted Teamsters Local 385’s request to add a new group of app-based drivers who ferry guests around Walt Disney World in “Minnie Vans” to the park's bus drivers' union, saying a collective bargaining agreement with the park allows new workers to join existing unions.

  • May 9, 2018

    SEC Looks To Chuck Ex-Navistar CEO's Bid For EPA Info

    The U.S. Securities and Exchange Commission urged a D.C. federal judge Tuesday to punt a subpoena that the former CEO of Navistar International Corp. issued to the U.S. Environmental Protection Agency, saying it's a needless delay in the SEC's suit over allegedly misleading statements he made to investors about the company's compliance with environmental regulations.

  • May 8, 2018

    11th Circ. Says Airline Act Preempts Fla. Insurance Law

    In a published opinion Tuesday, the Eleventh Circuit upheld the dismissal of a proposed class action against an air ambulance provider on the grounds that the Airline Deregulation Act preempted enforcement of a limit in Florida insurance law regarding collection of the unpaid portion of its bill.

  • May 8, 2018

    Schneider Truck Drivers Denied Quick Wins In Wage Suit

    A Washington federal judge on Tuesday denied quick wins to a certified class of truck drivers alleging Schneider National Carriers Inc. shorted them on pay, saying they will have to prove their rest break and overtime claims at the jury trial in July.

  • May 8, 2018

    Groups Get Pause In Suit Over EPA Science Adviser Grants

    A D.C. federal judge on Tuesday briefly pushed back deadlines in a lawsuit from scientific advocacy groups suing the EPA over a new policy barring its scientific advisory committees’ members from receiving agency grants, pausing government efforts to toss the case until it produces the administrative record for the policy.

  • May 8, 2018

    Deals Rumor Mill: Walmart, Comcast, Bunge

    Uber's and Lyft's online grocery delivery deals with Walmart are over, Comcast is getting ready to make an all-cash offer for the 21st Century Fox assets that are currently set to be sold to Disney, and Bunge tapped banks to help it list its Brazilian sugarcane mills.

  • May 8, 2018

    O'Reilly Says 'Forum Shopping' Wage Suit Needs A Trim

    O’Reilly Auto Enterprises LLC asked a California federal judge for partial summary judgment that would invalidate a representative Private Attorneys General Act claim, arguing that the employee bringing the wage-and-hour suit has not conducted the requisite groupwide discovery and accusing her counsel of “blatant forum shopping.”

  • May 8, 2018

    Broadcom Sues Toyota, Others In Texas And ITC Over GPS IP

    Toyota, Panasonic and others are infringing the asserted claims of six Broadcom Corp. patents covering navigation systems and other technologies used in automobiles, the California-based company said Monday at the U.S. International Trade Commission and in Texas federal court.

  • May 8, 2018

    Bayou Bridge Pipeline Permit Improper, La. Judge Says

    Louisiana’s Department of Natural Resources violated state law when it gave the developer of a crude oil pipeline linked to the controversial Dakota Access pipeline a coastal use permit allowing the project to cross through 11 parishes in Southern Louisiana, a state judge has ruled.

Expert Analysis

  • When Are Minority Stockholders Controllers?

    Scott Barshay

    The Delaware Chancery Court's recent decision in a Tesla stockholder case shows that even a shareholder with a “relatively low” ownership stake representing a “small block” may be found to be controlling under certain circumstances, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Encino Bodes Well For Employers In FLSA Cases And Beyond

    Ellen Boshkoff

    The U.S. Supreme Court's ruling in Encino Motorcars v. Navarro positions employers to better defend their Fair Labor Standards Act classification decisions, and provides a possible basis for employers to challenge a host of judicial interpretations of other employee rights statutes, say Ellen Boshkoff and Samantha Rollins of Faegre Baker Daniels.

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Fast-Tracking Electric Transmission Infrastructure

    Keith Barnett

    The U.S. Department of Energy will soon conduct its fourth triennial congestion study, and may subsequently designate one or more National Interest Electric Transmission Corridors. Streamlined permitting procedures could allow any projects within those corridors to benefit from fast-tracked approval, say attorneys with WilmerHale.

  • Why DC Circ. Said Airport Noise Critics Are Out Of Luck

    Paul Kiernan

    What if they made a regulatory change and no one noticed? The D.C. Circuit's recent ruling in Citizens Association of Georgetown v. Federal Aviation Administration reaffirms the rule that the appeal clock starts ticking on the day a regulatory order is officially made public, whether affected parties had actual notice or not, says Paul Kiernan of Holland & Knight LLP.

  • Why High Court Ruling Matters For Compact Clause Entities

    Matthew Tripolitsiotis

    The U.S. Supreme Court recently held that the United States could maintain a suit to enforce terms of an interstate compact — even where it was not a signatory of the compact. This decision offers clues about how the high court might deal with issues of compact construction that have gone unresolved for some time, says Matthew Tripolitsiotis of Boies Schiller Flexner LLP.

  • Key Takeaways From The NY Buy American Act

    Justin Ganderson

    The New York Buy American Act, which went into effect on Sunday, is slated for a relatively short life and is fairly focused. But it is a noteworthy development because it further reinforces the general rallying cry behind “buy American," say attorneys with Covington & Burling LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • How Federal Agencies Are Aiming To Streamline Permitting

    H. David Gold

    The Trump administration's infrastructure plan outlines various legislative reforms intended to streamline the permitting of infrastructure projects, and the administration has also taken executive actions to this end. But given limited agency resources and ambitious reform agendas, it may be a long time before these efforts are fully implemented and can benefit specific projects, say attorneys with WilmerHale.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.