• May 4, 2018

    EPA Science Data Rule Could Upend Regulatory Process

    The U.S. Environmental Protection Agency's recent proposal to require the publication of data underlying scientific studies that are considered in the regulatory process could disqualify a host of human health risk analyses because many of them rely on the anonymity of their subjects, and could make future regulation less likely as a result.

  • May 4, 2018

    Labor Department Issues Final Rule On Beryllium Exposure

    The U.S. Department of Labor has clarified a regulation that limited workers' exposure to the industrial byproduct beryllium, setting new definitions of beryllium work areas, among other changes, in a final rule published in the Federal Register on Friday.

  • May 4, 2018

    Drivers Fight To Keep Suit Over Fiat Chrysler Recalls Alive

    Two drivers who accused Fiat Chrysler of implementing a new set of defects when it recalled faulty cars said Thursday that a New York bankruptcy judge's decision to shift the suit to California didn't lay the groundwork for dismissal, and the case should be permitted to move forward.

  • May 4, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a commercial fraud claim against asset manager Shire Warwick Lewis, Italian insurers sue a shipper, and Denmark's tax authority take action against ED&F Man Capital Markets and more than five dozen other firms. Here, Law360 looks at those and other new claims in the U.K.

  • May 4, 2018

    New GM Must Face Some Groundwater Claims, Judge Says

    Michiganders with property-contamination claims against GM must submit to the provisions of GM's 2009 bankruptcy sale order, a New York bankruptcy judge ruled Friday — but that order does allow them to press claims over contaminants that were purportedly dumped presale but migrated onto their land post-sale.

  • May 4, 2018

    Boeing Says NLRB Republicans Shouldn't Sit Out Case

    The National Labor Relations Board should deny or ignore entirely two “frivolous” motions for Republican members to sit out a union's challenge to a December decision that loosened restrictions on workplace rules in a case involving The Boeing Co., the airplane maker argued in a recent motion.

  • May 4, 2018

    Musk Denied Fast Appeal Of Failed Bid To Toss SolarCity Suit

    In a ruling made public on Friday, Delaware’s Supreme Court rejected Tesla founder Elon Musk’s bid for an early review of a Chancery Court decision that kept alive a stockholder class challenge to his company’s $2.6 billion acquisition of SolarCity Corp.

  • May 4, 2018

    BMW, Consumers Agree To Settlement In Engine Defect Suit

    Automaker BMW AG and its U.S. unit have agreed to provide drivers with reimbursements and coupons to resolve allegations that defects in its N63 engine caused drivers to burn through oil and drain their batteries, according to papers filed Friday in New Jersey federal court.

  • May 4, 2018

    Flight Attendants Allowed Into Wash. Sick Leave Law Spat

    The Association of Flight Attendants - Communication Workers of America, AFL-CIO can intervene in a lawsuit challenging the constitutionality of Washington state’s new law requiring employers to provide nearly all their employees with paid sick leave, according to a federal court order Friday.

  • May 4, 2018

    Hogan Lovells Lands FAA, Google Drone Alum

    Hogan Lovells has hired a Federal Aviation Administration veteran and former head of public policy and regulatory affairs at Google's drone industry venture for its regulatory group.

  • May 4, 2018

    NY Uber Drivers' $3M Deal In Fare Cut Spat Gets Early OK

    A New York federal judge on Friday greenlighted a $3 million settlement in a putative class action alleging Uber miscalculated taxes and deductions from drivers’ fares or falsely promised that they would earn a guaranteed income, saying the deal is substantive enough and procedurally fair.

  • May 4, 2018

    Dem AGs Back California Cities In Big Oil Climate Fight

    Democratic attorneys general from California, New Jersey and Washington on Thursday threw their weight behind Oakland's and San Francisco's bids to hold oil giants liable for climate change-related infrastructure damage, in a direct riposte to several Republican state attorneys general who support the companies' bid to nix the suits.

  • May 3, 2018

    GM Trust Seeks OK For Ignition Switch Settlement

    The bankruptcy trust of Old GM Thursday asked for approval from a New York bankruptcy court for a settlement over legacy ignition switch lawsuits that could cost the reorganized New GM $1 billion in stock depending on what number the court puts to the remaining claims.

  • May 3, 2018

    Oakland, SF Say Climate Change Fight Belongs In Court

    Oakland and San Francisco on Thursday urged a California federal judge to keep alive their suits seeking to hold oil giants liable for climate change-related infrastructure damage, saying federal law makes a place for their claims and the companies' activities can be sufficiently tied to the Golden State.

  • May 3, 2018

    Dynamex Unlikely To Slow Lyft Drivers’ $2M Pay Deal

    A California federal judge appeared likely Thursday to preliminarily approve Lyft’s $1.95 million deal ending claims it shorted drivers on “prime-time premium” pay, after attorneys said the deal wouldn’t foreclose a future independent contractor misclassification suit under the California Supreme Court's recent Dynamex decision.

  • May 3, 2018

    States, Auto Groups Weigh In On Fuel Economy Penalties

    A group of states and an environmental organization on Wednesday asked the National Highway Traffic Safety Administration not to block an increase in penalties for automakers that don’t meet fuel efficiency standards, while industry groups backed the agency’s decision to nix the increase.

  • May 3, 2018

    Frito-Lay Truck Drivers Snack On $6.5M Wage Deal In Calif.

    A California federal judge said Thursday she would grant final approval to a $6.5 million settlement between Frito-Lay Inc. and a class of California-based truck drivers who say the company’s piecemeal payment system shorted their wages, calling the deal “an excellent result.”

  • May 3, 2018

    NHTSA Says It Didn't Assess Tesla's Autopilot Tech

    The National Highway Traffic Safety Administration said Wednesday that it did not evaluate the effectiveness of Tesla Inc.’s self-driving Autopilot technology when investigating a 2016 fatal crash in Florida.

  • May 3, 2018

    $639M Calif. Pipeline Unneeded, Judge Tells State Regulator

    An administrative law judge on Wednesday urged a California utility regulator to reject San Diego Gas & Electric Co.'s proposed $639 million natural gas pipeline project, saying the project isn't needed in light of declining demand and the Golden State's apparent intent to move away from fossil fuel use.

  • May 3, 2018

    Fla. Justices OK Vendor’s Role In Red Light Camera Program

    The Florida Supreme Court on Thursday affirmed the legality of a South Florida city's use of a private vendor to conduct preliminary reviews of images in its red light camera ticketing process, handing local governments and contractors a significant victory.

Expert Analysis

  • 2 Things Missing From Debates On US-China Fights

    Scott Kieff

    Hardly a moment passes without another shot fired in the many high-profile fights between the U.S. and China over trade, intellectual property and antitrust. In this area, there is a problem and solution too often overlooked by commentators and business leaders, says Scott Kieff, a principal at McKool Smith PC and former commissioner at the U.S. International Trade Commission.

  • Top Tax Changes For Law Firms: What Lawyers Need To Know

    Evan Morgan

    For law firms structured as corporations, a lower maximum corporate tax rate and repeal of the corporate alternative minimum tax are good news. But many law firms are pass-through entities, so deduction limitations mean they'll see less benefit from the new tax law, says Evan Morgan of CPA and advisory firm Kaufman Rossin PA.

  • How FERC Is Acting On Income Tax Allowances And The TCJA

    Linda Walsh

    The Federal Energy Regulatory Commission acted swiftly to respond to the recent United Airlines v. FERC decision regarding income tax allowances, as well as to implement changes stemming from the Tax Cuts and Jobs Act. FERC's actions are meant to ensure that ratepayers see the benefits of lower corporate tax rates, say attorneys with Husch Blackwell LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • How Regulatory Power Is Moving To The States

    Ashley Taylor

    Despite the current momentum of federal deregulation, state agencies are buttressing consumer protections and ensuring there is no lapse in enforcement. State attorneys general are leading a charge into the perceived vacuum where federal agencies have retreated. The decentralization of oversight demands a more strategic, proactive approach to compliance, says Ashley Taylor of Troutman Sanders LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • How To Negotiate Wireless Infrastructure Agreements

    Walt Sapronov

    When negotiating shared wireless infrastructure contracts in large venues, sponsors should pay close attention to technology specifications, upgrades and interference protection, say Walt Sapronov and Kenneth Klatt of Sapronov and Associates PC.