Transportation

  • January 19, 2021

    MTA Atty Says Supervisor Assaulted Her During Arbitration

    A Black Metropolitan Transportation Authority lawyer said that her white supervisor hit her while she was cross-examining a witness during an arbitration hearing last year, an alleged incident that the agency has purportedly ignored, according to a suit filed in New York federal court Tuesday.

  • January 19, 2021

    Ex-Cuban Port Owner Seeks Privileged Files From Norwegian

    A former Cuban port owner is seeking access to documents Norwegian Cruise Line claims are shielded by attorney-client privilege in a Helms-Burton Act suit alleging the cruise line trafficked in stolen property when it used the docks, urging a Florida federal court to waive the privilege.

  • January 19, 2021

    No Permanent Ban On Scrapped Airport-Screening Exclusions

    A Manhattan federal judge denied a bid by New York state to permanently void the Trump administration's exclusion of New Yorkers from expedited screening at airports, ruling on Tuesday that the court had already overturned the exclusion on procedural grounds.

  • January 19, 2021

    Latham-Led Electric Car Biz Closes On $2.7B Funding Round

    Represented by Latham & Watkins LLP, electric vehicle maker Rivian said Tuesday it closed on $2.65 billion in a funding round led by T. Rowe Price that arrives the same year it expects to deliver its first vehicles.

  • January 19, 2021

    Auto Parts Co. Wants Age Claims Cut From Unpaid Wages Suit

    An auto parts manufacturer urged a North Carolina federal judge on Tuesday to toss a former employee's age discrimination claims from an unpaid wages class action, saying the former worker had failed to add the claims to the suit fast enough.

  • January 19, 2021

    DOL Says Staffing Firm Workers Can Be Exempt From FLSA

    Employees of staffing firms can fit into an exemption to federal overtime pay requirements for workers at retail and service businesses, the U.S. Department of Labor said Tuesday in an opinion letter it issued just before President-elect Joe Biden takes office.

  • January 19, 2021

    Feds Urge Court To Deny Bid To Block $2.9B Pipeline Project

    The Army Corps of Engineers urged a D.C. federal court to deny a bid by indigenous American tribes and environmental groups to block the final phase of a $2.9 billion oil pipeline replacement project in Minnesota, defending its permitting of the plan.

  • January 19, 2021

    Teamsters-Backed Workers Strike At NYC's Main Produce Hub

    Teamsters-represented workers at New York City's Hunts Point Produce Market are on strike for a $1-per-hour raise after failing to reach a contract with management at the market, which supplies the bulk of the city's produce.

  • January 19, 2021

    High Court Won't Hear Racial Bias Suit Against Mercedes

    The U.S. Supreme Court declined Tuesday to take a bias case from a Black former mechanic at an Alabama Mercedes-Benz dealership who said he was denied promotions after his complaint about a boss who called Black workers "wild animals swinging in trees."

  • January 19, 2021

    DOI Didn't Justify OK For Alaska Refuge Road, Activists Say

    Environmental groups have urged the Ninth Circuit to preserve a ruling that rejected the U.S. Department of the Interior's approval of a land swap to allow a road for an Alaska Native community to be built through a wildlife refuge, saying the DOI secretary violated federal law and didn't justify switching the agency's stance against the plan.

  • January 19, 2021

    SEPTA Inks $3.6M Deal To End Background Check Suit

    The Southeastern Pennsylvania Transportation Authority has agreed to pay $3.6 million and to rescind its alleged "blanket ban" on job applicants with prior drug convictions in order to end a class action alleging the hiring policy violated state and federal law.

  • January 19, 2021

    Justices Sidestep Fight Over Proper Home For Climate Suits

    U.S. Supreme Court justices on Tuesday largely avoided tackling arguments that climate change torts against energy companies belong in federal court, focusing their attention on the narrower question of how broadly appellate courts should review orders that remand such cases to state court.

  • January 19, 2021

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

    The COVID-19 vaccination effort led to milestones over the past week in states including Florida and Texas, which became the first in the nation to administer its millionth dose, and prompted New York to call on Pfizer for direct purchase access so the state can meet increased demand due to expanded eligibility.

  • January 19, 2021

    Self-Driving Car Co. Cruises To $30B Value With New Funds

    General Motors-backed electric driverless vehicle startup Cruise, advised by Latham & Watkins, unveiled a $30 billion valuation Tuesday as it announced new equity investments and a strategic partnership with Microsoft.

  • January 19, 2021

    Real Estate Rumors: KKR, John Novak, DR Horton

    KKR has reportedly picked up two Florida industrial properties for $13 million, a venture that includes developer John Novak is said to have paid $25 million for 42,900 square feet in Chicago, and D.R. Horton is reportedly hoping to rezone 36.5 acres in Florida in order to build 205 homes there.

  • January 19, 2021

    PTAB Nixes 2 Cellular Patents In Win For Mercedes-Benz

    The Patent Trial and Appeal Board has struck two mobile communications patents challenged by Mercedes-Benz, finding the disputed claims to be obvious due to earlier inventions.

  • January 19, 2021

    Federal Gov't Wants Out Of Moot $2.15B Texas Pipeline Suit

    The U.S. Fish and Wildlife Service and the U.S. Department of the Interior want a Texas federal judge to dismiss as moot challenges to the validity of permits and exemptions granted to Kinder Morgan Inc. for its approximately $2.15 billion Permian Highway Pipeline.

  • January 19, 2021

    Teamsters Launch Push For Pension Relief, Labor Reforms

    The Teamsters on Tuesday launched a public policy campaign that will press Congress and the incoming Biden administration to pass legislation to avert a forecast pension crisis, strengthen unions and swiftly adopt federal rules for protecting workers from COVID-19.

  • January 19, 2021

    Trump Tells Agencies To Stop Buying Risky Foreign Drones

    President Donald Trump on Monday directed agencies to develop ways to halt federal purchases for drones made by U.S. adversaries such as China, citing "unacceptable" risks to national security and a desire to build up a domestic industrial base.

  • January 19, 2021

    American Airlines Pilots Push 2nd Circ. To Restore Benefits

    A group of American Airlines pilots on Tuesday asked the Second Circuit to revive their claims that union failures and employer collusion cost them seniority benefits in the wake of the airline's 2011 bankruptcy.

  • January 19, 2021

    XL Fleet Hires Boutique Investment Bank Founder As GC

    Vehicle electrification company XL Fleet Corp. announced Tuesday it has brought on boutique investment bank founder Jim Berklas as its new general counsel.

  • January 19, 2021

    Wilson Sonsini, Skadden Lead $5.7B Laser Maker Merger

    U.S. laser tools and systems developers Lumentum and Coherent unveiled plans Tuesday to merge in a cash and stock transaction valued at $5.7 billion, with help from Wilson Sonsini and Skadden.

  • January 18, 2021

    German Court Drops Lesser Charge Against Former VW Chief

    A court in the German city of Braunschweig has dropped securities law charges against the former chief executive officer of the carmaker Volkswagen as prosecutors continue to pursue more serious charges, including tax evasion, against him.

  • January 15, 2021

    John Hancock Can't Keep Trading Info From Porsche: 1st Circ.

    The First Circuit affirmed a decision Friday to allow Porsche U.S. discovery of John Hancock Life Insurance affiliates' trading activity and strategies for use in a securities fraud action brought in Germany related to the Volkswagen-led emissions cheating scandal.

  • January 15, 2021

    Trump Auto Emissions Rollback Faces Heat From All Sides

    Foes of the Trump administration's rollback of vehicle greenhouse gas emissions and fuel-economy standards urged the D.C. Circuit to undo the change, with environmental and energy groups saying the rollback went too far while a deregulation supporter argued it didn't go far enough.

Expert Analysis

  • 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.

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

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