Transportation

Expert Analysis

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

  

  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.

• A Look At Spoliation Risk In The 11th Circ., By The Numbers

  

  Attorneys at Eversheds Sutherland look at Eleventh Circuit opinions from the past five years to determine the odds of a spoliation finding, and how risks in the federal appeals court compare to those in the federal district and state courts of Alabama, Florida and Georgia.

• Preparing For Criminal Enviro Enforcement Under Biden

  

  Companies can anticipate that the Biden administration will increase criminal prosecutions of Clean Air Act and Clean Water Act violations, environmental injustices against disadvantaged communities, and individual executives at polluting corporations, say attorneys at Arnold & Porter.

• Opinion

  NLRB Memos Extend GC's Employer-Friendly Policy Spree

  

  While three recent National Labor Relations Board general counsel advice memos favoring management wane in legal importance ahead of the upcoming administration change, they add to the GC’s unprecedented efforts to change labor law through letters and rulemaking, says Samuel Morris at Godwin Morris.

• How Construction Industry Can Adapt To COVID-19 Disruption

  

  As COVID-19 decreases funding and increases costs for the construction industry, participants should review their contract clauses pertaining to risk allocation, as well as their insurance policies to assess the scope of their coverage, say James Barriere and Chad Caplan at Hinckley Allen.

• COVID-19 Spurs Associates To Think Bigger — Like Partners

  

  What is the firm's data on profit per partner? How do the rainmakers seal deals without pre-COVID-19 pricey dinners? Is the firm financially stable? These are the kinds of partner-level questions associates are now asking before choosing a new firm, which points to a major shift in the lateral landscape, say Kate Reder Sheikh and Rebecca Glatzer at Major Lindsey & Africa.

• Mining Proposal Raises Questions About Permitting Council

  

  The Federal Permit Improvement Steering Council recently proposed to add the mining sector to its streamlined environmental review and interagency coordination process — and while this could benefit mining companies, the timing and breadth of the proposal cast doubt on the council's effectiveness as an independent entity, say Stephanie Regenold and Edward Boling at Perkins Coie.

• Opinion

  9th Circ. Courts Should Ditch Obsolete Class Notice Standard

  

  Two recent California federal court decisions showcase how Ninth Circuit courts sometimes impede class settlements by mandating notice inquiries for putative class members based on outdated case law that should be phased out due to changes in class action rules, says Thomas Waskom at Hunton.

• Compliance Tips For Charter Flights To US During COVID-19

  

  The U.S. Department of Transportation allows foreign business jet operators to enter the U.S. market with a limited number of charter flights each year, but with the increased demand for premium travel due to COVID-19, carriers must carefully assess anticipated operations, say David Endersbee and Barbara Marrin at KMA Zuckert.

• Employer Vaccine Practices May Spur Bias, Consumer Claims

  

  While federal and state anti-discrimination laws may not expressly prohibit employers from exclusively recruiting workers vaccinated for COVID-19 or advertising a safe workforce, those who do could face equal employment opportunity and unfair consumer practice claims, says Jen Rubin at Mintz.

• Opinion

  GCs Are Uniquely Qualified To Lead Diversity Initiatives

  

  As guardians of their companies' codes of conduct and ethical standards, general counsel have the ability to endorse changes that will help their corporations create more diverse and equitable workplaces, says Deborah Marson at Iron Mountain.

• 3 Ways Defendants Can Nip Civil RICO Claims In The Bud

  

  Federal courts across the country have rejected civil Racketeer Influenced and Corrupt Organizations Act claims at the pleading stage in several recent cases that illustrate how defendants can utilize specificity, distinct enterprise and proximate cause to head off allegations of racketeering, says Gopi Panchapakesan at Bird Marella.

• Post-Pandemic Challenges And Opportunities For Aviation

  

  The aviation industry has never endured a shock as catastrophic as COVID-19 — and while the sector will recover once vaccines are widely available, some pandemic-driven changes, like industry consolidation and greater customer disclosures, will outlive the crisis, say attorneys at Freshfields.

• 2020's Top Pa. Employment Law Changes, And What's Ahead

  

  As Pennsylvania companies adjust to this year’s new sick leave laws, updated overtime standards and myriad COVID-19 regulations, they should keep an eye on issues like minimum wage requirements that were sidelined during the pandemic but may regain focus in 2021, says Stephanie Rawitt at Clark Hill.

• Perspectives

  Judges On Race: Reducing Implicit Bias In Courtrooms

  

  With unconscious biases deeply embedded in the court system, judges must take steps to guard against the power and influence of stereotypes during jury selection, evidence admissibility hearings, bail proceedings and other areas of judicial decision making, says U.S. Circuit Judge Bernice Donald.