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  • May 10, 2018

    Post-Dynamex, Workers Claim Lyft, Postmates Mislabel Them

    Two putative class action lawsuits filed in California state court have accused Lyft Inc. and Postmates Inc. of mislabeling drivers and couriers as independent contractors, arguing they should be considered employees under the new test adopted in the state high court’s landmark Dynamex decision last month.

  • May 10, 2018

    Ex-Drivers' 3rd Try In Uber Data Hack Suit Dispatched

    A California federal judge on Thursday tossed for good a proposed class action alleging Uber lied about a 2014 data breach that compromised drivers’ personal information, saying that after three attempts, the plaintiffs still couldn’t show any immediate, credible risk of fraud or identity theft from the hack.

  • May 10, 2018

    Wash. County Joins Big Oil Climate Change Suit Parade

    King County, Washington — home to Seattle — on Wednesday became the latest county to seek to hold oil giants liable for climate change-related infrastructure damage under state law, joining New York City and several cities and counties in California and Colorado.

  • May 10, 2018

    Rail Cos. Say Cert. Rightly Axed In Fuel Price-Fix Row

    The four largest U.S. rail companies asked the D.C. Circuit to uphold the nixed class certification of shippers that allege the railroad giants colluded to fix fuel surcharges, arguing the shippers failed to address fatal flaws in the damages calculation for an improper class with widely varying circumstances.

  • May 10, 2018

    Japanese Shipper Must Pay $1M For Oily Ocean Dumping

    A Japanese shipping company was sentenced Thursday for obstruction of justice and falsifying records, and was forced to pay $1 million over allegations it improperly dumped oily wastes into the ocean, according to the U.S. Department of Justice.

  • May 10, 2018

    EPA Floats Overhaul Of National Ozone Limits Review

    The U.S. Environmental Protection Agency on Thursday said it will overhaul how it reviews national ozone limits by considering a range of adverse effects including economic and energy-related ones, following President Donald Trump's demand that the agency make it easier for states and industries to comply with national air emissions standards.

  • 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.

Expert Analysis

  • 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.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Aviation Update: Air Traffic Control Privatization Stalls

    Alan Hoffman

    Last month saw the end of a congressional effort to privatize the nation’s air traffic control system. The initiative was opposed by groups who saw it as a ploy to hand air traffic control to the airlines. But given its support from the airline industry and the Trump administration, privatization will likely resurface, says Alan Hoffman, a retired attorney and private pilot.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Will UN Electric Vehicle Regs Live Up To Billing?

    Anurag Maheshwary

    Aspiring to close the gaps between differences in American, European and Chinese approaches to regulating electric vehicle safety, the United Nations recently completed development of a Global Technical Regulation. Anurag Maheshwary, an attorney at the U.S. Department of Justice, reviews the notable features of the GTR and explores its impact on improving safety compared to existing regulations.