Transportation

  • January 13, 2021

    NHTSA Delays Vehicle Emissions Penalty Increase

    The National Highway Traffic Safety Administration on Wednesday said it will delay an increase in the penalty amount for violating motor vehicle average fuel economy standards until auto manufacturers start to sell 2022 models.

  • January 13, 2021

    Uber Appeals Calif. Regulator's $59M Fine Over Assault Probe

    Uber on Wednesday appealed to the California Public Utilities Commission a $59 million fine for repeatedly refusing to provide the state regulator with information on more than a thousand sexual assault and harassment claims the ride-hailing giant has received in recent years, arguing that the fine is "draconian" and unconstitutional.

  • January 13, 2021

    4 Things To Expect From A Biden Department Of Energy

    A multibillion-dollar dive into zero-carbon technology research and development and a renewed focus on bolstering energy efficiency are guideposts on the policy path the U.S. Department of Energy is expected to take when President-elect Joe Biden takes office later this month. Here are four policy steps DOE watchers are preparing for.

  • January 12, 2021

    Uber, Lyft Drivers Ask Calif. Justices To Invalidate Prop 22

    Drivers for Uber, Lyft and other app-based services filed a petition in California Supreme Court on Tuesday asking the state justices to declare voter-approved Proposition 22 unconstitutional for allegedly limiting the state legislature's power to provide workers' compensation, deceiving voters and usurping the judiciary's authority to interpret the law.

  • January 12, 2021

    VW Seeks 'Unclean Hands' Defense In SEC Diesel Row

    Volkswagen on Monday told a California federal court that it should be allowed to use an "unclean hands" defense against the U.S. Securities and Exchange Commission's claims that the automaker defrauded U.S. investors by failing to disclose its "clean diesel" emissions cheating scheme.

  • January 12, 2021

    Pa. Ceded Enforcement Power In Bridge Pact, 3rd Circ. Says

    The Third Circuit held Tuesday in a precedential ruling that Pennsylvania cannot enforce its building safety regulations when it comes to the property of a bi-state commission overseeing Delaware River bridges, finding that the Keystone State gave up that authority in entering a more than 80-year-old compact creating the agency.

  • January 12, 2021

    GSA To Remove Non-US Drones From Schedule Contracts

    The U.S. General Services Administration said Tuesday it will remove all drones from its government-wide Federal Supply Schedule program — aside from a handful of trusted U.S.-made models — citing potential security risks and acquisition law violations.

  • January 12, 2021

    9th Circ. Weighs VW Bid To Reset Bondholder Fraud Standard

    A Ninth Circuit panel on Tuesday questioned whether Volkswagen had a fiduciary duty to disclose its emissions-cheating scandal when it sold bonds to institutional investors in 2014, as the appeals court weighs how to clarify a key reliance standard in securities fraud cases.

  • January 12, 2021

    EPA Says Power Plant GHG Regs OK, But New Test Draws Fire

    The U.S. Environmental Protection Agency used a new method to confirm Tuesday that fossil fuel-fired power plants are subject to Clean Air Act regulations for greenhouse gas emissions, but critics said the new test means other GHG-emitting sources will be able to dodge similar controls.

  • January 12, 2021

    5th Circ. Sets Out 1-Step Vetting Rules For Collective Actions

    The Fifth Circuit on Tuesday announced a new Fair Labor Standards Act certification framework that requires courts to "rigorously scrutinize" similarities among plaintiffs from the outset of a collective action, as it reversed a lower court's conditional certification of truck drivers seeking unpaid wages from a transportation company.

  • January 12, 2021

    American Airlines Can't Register 'RenoAir' TM, TTAB Says

    The Trademark Trial and Appeal Board is refusing to let American Airlines register "RenoAir" as a trademark for air transport, rejecting an appeal that pointed to a separate registration for model airplanes.

  • January 12, 2021

    4 Things To Expect From A Biden EPA

    The U.S. Environmental Protection Agency will have a pivotal role in helping President-elect Joe Biden carry out his pledge to address climate change with ambitious new policies, while tackling emerging and evolving issues such as the regulations of forever chemicals and reversing many of the deregulatory actions from the last four years.

  • January 12, 2021

    Chile Escapes $350M Claim By Investors In Public Bus System

    An international tribunal on Monday dismissed a claim seeking nearly $350 million from Chile by a pair of Colombian brothers who accused the government of not doing enough to stop vandalism and fare evasion that plagued their investment in Santiago's public bus system.

  • January 12, 2021

    DOT Must Probe JetBlue-American Alliance, Southwest Says

    JetBlue and American Airlines shouldn't be allowed to form a strategic partnership that they say will create a more seamless travel experience until the U.S. Department of Transportation takes a hard look at how the plan will affect competition, according to rivals Spirit and Southwest.

  • January 12, 2021

    Lyft Drivers Fight For Employee-Status Injunctions At 1st Circ.

    Lyft cannot rely on disputed arbitration agreements to continue flouting Massachusetts law by classifying its drivers as independent contractors, the drivers have told the First Circuit in their bid to reverse a lower court's decision denying them injunctions that would deem them employees.

  • January 12, 2021

    Coronavirus Regulations: A State-By-State Week In Review

    Surges in COVID-19 cases led to renewed restrictions in Delaware, Massachusetts and New York this past week, while the pandemic also steered new guidance for New Jersey public schools and a workforce development boost in Pennsylvania. 

  • January 12, 2021

    3 Firms Guide Proterra's $1.6B Go-Public Deal

    Electric bus manufacturer Proterra said Tuesday it's going public through a merger with blank-check company ArcLight in a deal valued at $1.6 billion and led by Latham & Watkins LLP, Fenwick & West LLP and Kirkland & Ellis LLP.

  • January 12, 2021

    UK Antitrust Arm Orders Vehicle Parts Merger's Breakup

    The United Kingdom's antitrust enforcer ordered the dissolution Tuesday of a completed merger between rival commercial vehicle and trailer parts makers that it said risked "higher costs and poorer service" for local distributors and garages.

  • January 12, 2021

    Rust-Oleum Permanently Blocked From Making Rain-X Claims

    A Texas federal judge has permanently blocked Rust-Oleum from making claims that its RainBrella product lasts twice as long as Rain-X, as part of his final judgment in a false advertising suit between the car windshield water-repellent competitors. 

  • January 12, 2021

    Real Estate Rumors: Blackstone, Trump Tower, Ocean Bank

    Blackstone has reportedly paid $21 million for a Florida development site, the Trump sign at the Trump International Hotel & Tower in Chicago could reportedly come down if the president is impeached for a second time and Ocean Bank is said to have sold a Miami parking lot for $14 million.

  • January 12, 2021

    REIT LondonMetric Drops $53M On Pair Of UK Warehouses

    LondonMetric Property has reached a deal to buy a pair of warehouses in England for £39 million ($53.2 million), according to an announcement Tuesday from the U.K.-based real estate investment trust.

  • January 11, 2021

    Enterprise WARN Act Ruling Spells Trouble For Big Employers

    A Florida federal judge's recent refusal to hit the brakes on a WARN Act case over car rental giant Enterprise's pandemic-related layoffs has given employers a preview of how these suits may be handled by federal judges, and experts say company leaders would be wise to pay attention.

  • January 11, 2021

    Ten IPOs Could Raise Nearly $5B As 2021 Gets Rolling

    At least 10 companies under the guidance of 14 law firms are readying initial public offerings that could raise nearly $5 billion combined this week, marking the new year's first burst of IPOs by operating companies after a banner 2020.

  • January 11, 2021

    Justices Turn Away 7 More IP Cases, Split Arthrex Arguments

    The U.S. Supreme Court rejected several petitions in intellectual property cases on Monday, ranging from what grounds the Patent Trial and Appeal Board can use to invalidate patents to whether the Welsh government can face a copyright suit over photos of poet Dylan Thomas.

  • January 11, 2021

    Boeing Slips Southwest Flight Attendants' 737 Max Safety Suit

    An Illinois federal judge rejected a suit from Southwest Airlines flight attendants seeking lost wages from Boeing over the 737 Max's global grounding, saying claims that Boeing overhyped the jets' safety and locked Southwest into rigid contracts that harmed airline employees won't fly.

Expert Analysis

  • Accounting Rules May Spark Next Wave Of Bankruptcy Suits

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    The expected increase in trustee and receiver suits that will follow the post-pandemic spike in bankruptcy filings will be further augmented by changes in accounting and auditing standards implemented after the 2008 financial crisis — including required disclosures of going concern issues and critical audit matters, say Jean-Philippe Poissant and Marema Diop at Cornerstone Research.

  • A Law Firm's Guide To Producing A Podcast

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    Courtney Hudson and Megan Senese at Pillsbury offer tips on how law firms can utilize podcasts to deliver important legal insights to clients in a COVID-19 world, and how to make the process stress-free for participating lawyers and guests.

  • What Gov't Contracting Might Look Like Under Biden

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    President-elect Joe Biden’s campaign proposals provide a useful guide to his administration’s priorities and some of the changes government contractors can expect, regardless of whether Biden’s legislative efforts are hindered by a Republican-led Senate, say Joseph Berger and Thomas Mason at Thompson Hine.

  • Biden Needs Congress' Help On Green Transportation Plans

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    While some of President-elect Joe Biden's climate-oriented transportation priorities can be accomplished through executive action and regulations, others will require congressional authorization — and strong bipartisan interest in passing surface transportation reauthorization creates a window for significant progress, say attorneys at Arnold & Porter.

  • 5 Important E-Discovery Trends And Developments In 2020

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    The rapid adoption of varied remote communication and collaboration tools during the pandemic created new information preservation and privilege considerations this year, while courts and regulators offered some guidance on technology-assisted review and the movement of data across borders, say attorneys at Troutman Pepper and Boehringer Ingelheim.

  • 2020 Bankruptcy Trends And Sectors To Watch In 2021

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    Following a slew of 2020 bankruptcies prompted by the COVID-19 crisis, uncertainty regarding the pace of economic recovery in 2021 could further intensify corporate stress and the need for deleveraging across an array of industries, say Suzzanne Uhland and George Davis at Latham.

  • EPA Groundwater Guidance Fails To Answer Key Questions

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    Recent U.S. Environmental Protection Agency guidance on the U.S. Supreme Court's County of Maui v. Hawaii Wildlife Fund decision on permits for indirect groundwater discharges leaves technical questions on when and how to perform evaluations unanswered, making it of little practical value, says Marcia Greenblatt at Integral Consulting.

  • The Big SEP Victories Of Patent Owners In 2020

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    While the worldwide jurisprudence related to standard-essential patents tilted in favor of implementers for some time, this year nearly all of the news favored patent owners, and those critical developments in the U.S., U.K. and Germany touch on core aspects of crafting SEP strategies, say attorneys at Mintz.

  • Perspectives

    Judges On Race: The Path To A More Diverse Bench

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    To close the diversity gap between the judiciary and the litigants that regularly appear in criminal courts, institutions including police departments, prosecutor offices and defense law firms must be committed to advancing Black and Latino men, says New York Supreme Court Justice Erika Edwards.

  • A Review Of 2020's Key US Sanctions Developments

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    Throughout 2020, the U.S. continued to pursue its foreign policy objectives with aggressive and sometimes unconventional use of economic sanctions targeting China, Iran and Venezuela, and the Office of Foreign Assets Control published enforcement actions identifying key compliance risk areas for nonfinancial institutions, say attorneys at Ropes & Gray.

  • Mass. 'Right To Repair' Law Could Put Car Cos. In A Jam

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    Massachusetts' recently approved "right to repair" law will make it easier for car owners and independent shops to maintain and repair vehicles, but may also increase manufacturers' product liability exposure when inexperienced repair persons make mistakes leading to personal injury, say Geoffrey Wyatt and Benjamin Halperin at Skadden.

  • Class Certification Obstacles In Suits Over Connected Devices

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    Vulnerabilities in connected devices like those recently reported by Google may lead to litigation, but two decades of data security lawsuits suggest that internet of things plaintiffs may have problems achieving class certification, say Mark Raffman and Katie Kissinger at Goodwin.

  • COVID-19 Has Broad Impact On Lost-Profit Determinations

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    The COVID-19 pandemic is already adding new complexities to damages calculations used in lost-profit claims litigation, even in cases in which the coronavirus is not the direct cause of the breach, say Neil Ashton and Michael Yachnik at StoneTurn.

  • Tips For Identifying A Culturally Competent Mediator

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    Attorneys can pick open-minded neutrals by taking a client's race, gender, sexual orientation and nationality into account, and by ensuring the mediator is able to communicate effectively across cultures, says Anelise Codrington at Swift Currie.

  • How Biden May Save Gig Workers From California's Prop 22

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    While it appears California's Proposition 22 could hinder President-elect Joe Biden’s plans to extend employment status to gig workers across the country, he still has several options for doing so, starting with moves toward defining interstate commerce in a way that results in preemption of state laws, says Ronald Zambrano at West Coast Employment Lawyers.

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