Transportation

  • 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.

  • January 11, 2021

    Fallen Taxi Mogul Avoids Prison After Copping To Bribery

    A Manhattan federal judge on Monday allowed former taxi mogul Tony Georgiton to avoid prison for bribery after he admitted making payments to a CEO whose bank had extended him $60 million in yellow-cab medallion business loans.

  • January 11, 2021

    Amazon Sued In Pa. Over Criminal Background Checks

    A woman denied work as an Amazon delivery driver has filed a proposed class action in Pennsylvania state court, claiming the online retailer's alleged policy of rejecting applicants with arrests — but no convictions — on their record violated state law.

  • January 11, 2021

    Enbridge Intervenes In Suit To Block Minn. Pipeline Project

    A D.C. federal court on Saturday allowed energy company Enbridge to intervene in a December lawsuit brought by tribes and environmental groups against the U.S. Army Corps of Engineers to stop its $2.9 billion pipeline replacement project in Minnesota.

Expert Analysis

  • Opinion

    Dakota Pipeline Challenge Undermines Permitting Process

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    If Standing Rock Sioux Tribe v. Army Corps of Engineers succeeds at challenging the Dakota Access Pipeline's environmental permitting more than three years after it came online, other infrastructure projects might also face legal battles long after they are built, says David Hill at the Columbia University Center on Global Energy Policy.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Biden Workplace Agenda Will Bring Change Despite Hurdles

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    Employers should be prepared to navigate a new dynamic under the Biden administration because some workplace policies — like joint employer, independent contractor and overtime regulations — may bypass congressional roadblocks with reform through administrative action, says Jessica Summers at Paley Rothman.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Advancing The Democratic Tax Agenda In 2021

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    Even with a divided government starting next year, Democrats will have a major effect on tax policy, pursuing legislative compromises and regulatory changes in service of President-elect Joe Biden's tax plan, and potentially reversing many Trump administration initiatives, say Russell Sullivan and Radha Mohan at Brownstein Hyatt.

  • Tesla Ruling Leaves Self-Driving Liability Questions Open

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    A California federal court recently dismissed Umeda v. Tesla, saying that the wrongful death suit involving a driver-assist system should have been filed where the crash occurred, but the underlying liability questions the case raised remain to be resolved, say Matthew Berkowitz and Brian O'Shea at Carr Maloney.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

  • What To Expect From US Trade Policy In The Biden Era

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    President-elect Joe Biden’s administration will shift focus away from transactional relationships, focusing instead on multilateralism and rebuilding relations with key allies, even if a number of Trump administration trade initiatives live on, say attorneys at Squire Patton.

  • Opinion

    Biden Independent Contractor Plan Sends Confusing Message

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    President-elect Joe Biden’s inconsistent campaign plan for independent contractors supports enforcement of existing laws against intentional worker misclassification while also proposing a challenging-to-meet federal classification standard modeled after California’s A.B. 5, says Richard Reibstein at Locke Lord.

  • Justices May Clarify Personal Jurisdiction Online In Ford Suits

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    At the U.S. Supreme Court's oral argument in Ford Motor Co. v. Montana Eighth Judicial District Court, the justices suggested that the court will soon clarify how the internet affects personal jurisdiction, say attorneys at McGuireWoods.

  • Law Firm Biz Development Tips For The Pandemic Era

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    Jessica Starr and Monica Ulzheimer at Alston & Bird look at four areas where business development and other law firm administrative teams can take a leadership role in driving practice growth at a time when attorney interactions with clients and peers are limited.

  • 6 Class Action Shifts Employers Can Expect Under Biden

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    Legislative, regulatory and enforcement efforts under President-elect Joe Biden’s administration could enhance the scope and value of workplace class actions by expanding workers’ rights, remedies and procedural avenues, and emboldening the plaintiffs bar to ramp up case filings, say Gerald Maatman and Jennifer Riley at Seyfarth.

  • Car Cos. Should Weigh Calif. Emissions Disclosure Deal

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    In light of the California Air Resources Board's recent warning that it is continuing to investigate the type of vehicle emissions defeat devices that led to the 2015 Dieselgate scandal, manufacturers should review their emissions compliance regimes and self-disclose any issues by year-end, says Jonathan Martel at Arnold & Porter.

  • What Really Caused Carnival's COVID-19 Stock Drop?

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    Contrary to recent shareholder complaints that Carnival's stock plummeted due to disclosures correcting misrepresentations related to the pandemic, economic analysis shows market factors fully explain the cruise company's price reaction, and offers an approach for evaluating similar hospitality industry claims, say Atanu Saha and Yong Xu at StoneTurn.

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