• November 22, 2017

    Calif. Court Reverses Decision To Allow Crude Oil Shipments

    A California state appellate court on Tuesday struck down a controversial decision to allow the construction of a new rail facility that would have allowed greater shipments of potentially explosive oil to be delivered to a shuttered oil refinery in Bakersfield, finding an environmental impact study erroneously downplayed the risk of disaster.

  • November 22, 2017

    Lyft Gets Permit To Test Self-Driving Cars In California

    Lyft Inc. recently became the latest company, and 45th overall, to receive a permit to test self-driving vehicles in California, according to the state's Department of Motor Vehicles.

  • November 22, 2017

    Railroads Claim Clause Derails Entire Amtrak Metrics Law

    Freight railroads have slammed the government’s bid to have the D.C. Circuit preserve a federal statute allowing Amtrak to set performance and scheduling standards along the nation's passenger railways, saying trimming an arbitration provision in the law wouldn't suddenly make it constitutionally valid.

  • November 22, 2017

    Enviros' Keystone XL Suits Can Proceed, Judge Says

    A Montana federal judge on Wednesday refused to nix a pair of suits challenging the revival of the Keystone XL pipeline, saying that the federal government can't evade environmental challenges simply because President Donald Trump delegated permitting authority for the controversial project to the U.S. Department of State.

  • November 22, 2017

    Takata Tort Claimants Say Deal Would Favor Parts Makers

    Tort claimants of bankrupt automotive airbag maker Takata objected late Tuesday to the company’s proposed restructuring support agreement, saying it envisions a plan that would pay original equipment manufacturers while leaving existing and future tort claimants to fight for recoveries with the debtor’s estate.

  • November 22, 2017

    Evolving Tech Drives New Risks For Transpo Cos.

    Technological advancements and changing consumer demands are forcing transportation companies to streamline their operations to stay competitive, and experts warn that adapting to the changing landscape means tackling new legal risks. Here, Law360 examines some emerging technology in the transportation sector.

  • November 22, 2017

    Judge Trims 'Space Tourist' Claims Over $30M Deposit

    A Virginia federal judge Tuesday whittled down a prospective space traveler’s suit alleging a commercial space travel company fooled him into agreeing to pay a $30 million nonrefundable deposit on false pretenses, rejecting the jilted customer’s conversion and unjust enrichment charges while letting stand allegations of fraud and breach of contract.

  • November 22, 2017

    VW Can't Duck Suspension Defect Suit After New Claim Filed

    A Florida federal judge on Tuesday denied Volkswagen’s bid to toss a lawsuit over an alleged suspension defect in its CC sedans, finding the motion moot after the proposed class of drivers who launched the suit filed a new complaint the day before that added a number of new claims.

  • November 22, 2017

    American Securities Sells SeaStar Solutions In $875M Deal

    Dometic Group has agreed to pay $875 million to buy SeaStar Solutions from American Securities LLC, the companies said Wednesday, adding to the Swedish recreational vehicle company's portfolio a provider of vessel control, fuel systems and system integration to the marine industry.

  • November 22, 2017

    EEOC Wins Suit Over Train Co.'s Carpal Tunnel Testing

    An Illinois federal judge has ruled for the U.S. Equal Employment Opportunity Commission in a suit alleging a maker of train components hid behind false concerns that 38 job applicants might develop carpal tunnel syndrome, saying the company's decision to deny them work was based on unreliable tests.

  • November 22, 2017

    EU Levies €34M In Fines Over Auto Parts Cartel

    The European Commission on Wednesday announced a €34 million ($40.1 million) fine against five auto parts manufacturers in an investigation into anti-competitive practices in the industry, while a larger portion of the investigation continues.

  • November 22, 2017

    4 Tips For Young Enviro Attorneys

    Students and early-career attorneys looking to carve out a career in environmental law face a competitive marketplace and a legal landscape that’s in flux thanks to the Trump administration’s commitment to rolling back regulations, but experts say there are several ways for up-and-coming environmental lawyers to gain traction in the field.

  • November 22, 2017

    Trump's Energy Plans Still Hamstrung By EPA, DOI Vacancies

    President Donald Trump has made rolling back energy and environmental regulations to boost energy development a priority. But 10 months into his presidency, there are still plenty of vacancies in politically appointed positions at agencies responsible for carrying out the deregulatory push.

  • November 21, 2017

    Feds Ask Supreme Court To Reverse Blocks On Travel Ban

    The Trump administration asked the U.S. Supreme Court on Tuesday to reverse blocks on its third travel ban by federal courts in Maryland and Hawaii, saying the latest ban was the result of a careful cross-department review and that the lower courts’ intervention hurts the executive branch’s ability to direct national security.

  • November 21, 2017

    DC Circ. Rebuffs Bid To Block New Detroit-Canada Bridge

    The D.C. Circuit rejected a bid by the private owners of the Ambassador Bridge to invalidate the approval of a new public span between Detroit and Canada, ruling Tuesday that Michigan and federal officials acted within their authority and that Congress never promised the company permanent exclusivity or profitability.

  • November 21, 2017

    2 Chinese Tire Cos. To Pay Toyo $1.6M In Contempt Sanctions

    Two Chinese tire companies must pay $1.6 million for violating a 2014 judgment barring them from making and selling tires that are “confusingly similar” in appearance to a tire built by Toyo Tire & Rubber Co. Ltd., a California federal court said Monday, granting much of Toyo’s contempt motion.

  • November 21, 2017

    FERC Says Enviros Can't Redo $2.2B Pipeline Fight

    The Federal Energy Regulatory Commission and developers of the $2.2 billion Nexus pipeline on Tuesday told the D.C. Circuit that the Sierra Club shouldn't get another chance at blocking the project's construction after discovering that a landowner who sided with the group in the suit had sold his property to the developers without the group's knowledge.

  • November 21, 2017

    Customs Violated 2 Travel Ban Orders, Gov't Watchdog Says

    U.S. Customs and Border Protection was “very aggressive” in blocking certain travelers to the U.S. in violation of two court orders from Massachusetts and California, according to a letter on Tuesday hinting at the results of a government investigation that’s still under wraps.

  • November 21, 2017

    Uber Admits Hackers Stole Data On 57 Million Riders

    Uber admitted Tuesday that hackers stole personal data on 57 million riders worldwide, in a breach the company did not disclose for over a year.

  • November 21, 2017

    Highway Crashes Lead National Increase In Auto Deaths

    New data released Tuesday by the National Transportation Safety Board showed that more people died in accidents last year than in 2015, with the vast majority of the incidents occurring on highways.

Expert Analysis

  • Considerations For Competitors Collaborating Post-Hurricane

    Meytal McCoy

    Despite the unique and critical need for collaboration among competitors following Hurricanes Harvey and Irma and other natural disasters, these events are not an invitation for businesses to ignore antitrust laws, say Meytal McCoy and Jessica Michaels of Mayer Brown LLP.

  • GAO Report May Impact PHMSA Pipeline Safety Inspections

    Laura LaValle

    The U.S. Pipeline and Hazardous Materials Safety Administration uses its Risk Ranking Index Model to determine the frequency with which pipelines must be inspected. But a new report by the U.S. Government Accountability Office, questioning the assumptions behind the model, seems likely to lead to changes in pipeline inspection procedures, say Laura LaValle and Hana Vizcarra of Beveridge & Diamond PC.

  • History Shows Infrastructure Plans Need Better Oversight

    Robert Epstein

    History offers many examples of public construction projects marred by cost overruns, delays and catastrophic failures. As major new infrastructure plans are contemplated, government oversight of public works projects must improve, say Robert Epstein and Jacqueline Greenberg Vogt of Greenberg Traurig LLP.

  • Policy Action On Self-Driving Cars Is Accelerating

    Joel Beauvais

    If enacted, the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act,” recently passed by the House of Representatives, would set a new course for federal policy and regulatory action on autonomous vehicles — helping to open the way for large-scale development and deployment, say attorneys with Latham & Watkins LLP.

  • Why A Hanjin Fleet Came To Hong Kong

    Dean Young

    The demise of Korea’s Hanjin Shipping Co. Ltd. was the largest bankruptcy of a container line in history, and recently resulted in the biggest ever court sale of ships in Hong Kong, totaling over $600 million. Hong Kong’s legal system makes it an ideal venue for ship mortgage enforcement, say attorneys with Mayer Brown JSM.

  • Understanding Force Majeure In The Aftermath Of Harvey

    Jessica Crutcher

    Hurricane Harvey has undoubtedly affected the ability of some members of the energy industry to fully perform contracts. Force majeure may be a viable defense where failure to perform is caused by a natural disaster. But every contract's force majeure clause is different, so the precise language of the clause should be the first consideration, say lawyers from Mayer Brown LLP.

  • Sanctions Compliance Lessons From Recent OFAC Actions

    Mike Casey

    Three recent enforcement actions by the Office of Foreign Assets Control illustrate that OFAC is increasingly bringing cases against nonfinancial institutions, taking aggressive jurisdictional and interpretative positions, and focusing its efforts on Iranian sanctions. Financial and nonfinancial institutions should therefore assess their sanctions risk, say attorneys with Kirkland & Ellis LLP.

  • Founders Find Leverage In Investors’ Short Memories

    Les Trachtman

    The only rationale for why the capital markets have succumbed to the trendy scheme of dual-class stock is that economist John Kenneth Galbraith was right — when it comes to financial markets, we do have short memories. History is littered with well-meaning founders and chief executives who succumbed to the seduction of wealth and power, says Les Trachtman, CEO of The Trachtman Group.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • DC Circ. Ruling Could Change Pipeline Review Procedure

    James Thompson

    The D.C. Circuit's recent decision in Sierra Club v. Federal Energy Regulatory Commission may change the environmental review procedure for approving natural gas pipeline projects. If the majority’s ruling stands, pipeline developers will need to ensure that reviews for future projects include a comprehensive greenhouse gas analysis of potential downstream effects, say James Thompson and Katy Larkins of Shook Hardy & Bacon LLP.