• June 26, 2017

    Union Rail Can't Escape Bias Suit Over Gender Stereotyping

    A Pennsylvania magistrate judge declined Monday to dismiss a rail worker’s suit alleging that he was fired for complaining after his co-workers spray-painted railcars with homophobic slurs and mocked him when he took offense, saying he laid out a clear gender nonconformity claim under Title VII of the Civil Rights Act.

  • June 26, 2017

    Uber Doesn’t Need To Produce More Docs In Trade Secrets Row

    A California magistrate judge determined Monday that Uber Technologies Inc. doesn’t need to produce additional documents that are privileged from disclosure, saying Waymo LLC hasn’t proven that Uber hired attorneys in order to help the ride-hailing giant receive trade secrets allegedly stolen by a former Waymo employee.

  • June 26, 2017

    Real Estate Rumors: JPMorgan, Pacific Urban, Mountain View

    J.P. Morgan Asset Management has loaned $32 million for a Texas multifamily purchase, Pacific Urban Residential has reportedly dropped $73 million on a California apartment complex, and a California environmental body is now recommending that far fewer apartments be built in Silicon Valley's North Bayshore area.

  • June 26, 2017

    DC Transit Authority Beats Employee Wage Suit

    A D.C. federal judge on Friday handed a quick win to the Washington Metropolitan Area Transit Authority in a suit from a group of supervisors that alleged it failed to pay them contractually obligated salaries, saying they didn’t show there was a valid contract between them and the WMATA.

  • June 26, 2017

    OSHA Floats Pulling Back Some Parts Of Beryllium Rule

    The Occupational Safety and Health Administration has proposed pulling back certain protective measures covering workers in the construction and shipyard industries included in its rule limiting workplace exposure to beryllium, a material that can lead to lung disease, though it will leave in place new exposure limits.

  • June 26, 2017

    Supreme Court Refuses Bombardier ‘Ticket Tax’ Petition

    The U.S. Supreme Court refused Monday to take on Bombardier Aerospace Corp.'s petition challenging an IRS designation of management fees for privately held airplanes as subject to federal commercial ticket taxes, leaving intact a Fifth Circuit decision in the agency’s favor.

  • June 26, 2017

    Car-Hacking Suit Based Solely On Hypotheticals, Fiat Says

    Fiat Chrysler urged an Illinois federal judge Friday to toss claims that certain vehicles are susceptible to hacking, saying the allegations are based on an unsupported hypothetical.

  • June 26, 2017

    High Court Reinstates Part Of Travel Ban, Will Hear Case Next Term

    The U.S. Supreme Court on Monday agreed to hear the appeal over President Donald Trump’s revised travel ban against nationals from six Muslim-majority countries, although it won’t hear the case until this fall, and granted the government's requests to reinstate part of the ban in the meantime.

  • June 25, 2017

    Air-Bag Maker Takata Files For Bankruptcy In Delaware, Japan

    The U.S. business of embattled Takata Corp. filed for Chapter 11 protection in Delaware late Sunday, with the parent company following suit in Tokyo Monday morning.

  • June 23, 2017

    Mayors Say Cities Must Take Lead On Fighting Climate Change

    The spotlight shined hot on climate change Friday as the U.S. Conference of Mayors convened in Miami Beach, with leaders of the nation's cities saying they must take the lead on environmental efforts in the face of federal retreat.

  • June 23, 2017

    NLRB Denied DC Circ. Rehearing In FedEx Driver Status Row

    The D.C. Circuit on Friday refused to reconsider its reversal of a National Labor Relations Board finding on how FedEx drivers should be categorized, cementing its March decision that the workers were independent contractors by the agency’s own standards.

  • June 23, 2017

    1st Circ. Nixes Part Of Mass. Sick Law For Railroad Workers

    The First Circuit ruled Friday that key portions of Massachusetts’ law providing earned sick-time for employees don’t apply to railroad workers in the state, saying the law is preempted by the federal Railroad Unemployment Insurance Act.

  • June 23, 2017

    VW Dealers Must Clarify Bosch Conspiracy Claims, Court Says

    A California federal judge sent a class action brought by Volkswagen dealers against Robert Bosch GmbH and Robert Bosch LLC back to the drawing board Friday, saying their complaint accusing the technology giants of conspiring with VW to evade emissions regulations “blurs the lines” between the companies.

  • June 23, 2017

    GM Deal Could Settle Hundreds Of Ignition Switch Claims

    General Motors LLC has agreed to a private, confidential settlement that could resolve hundreds of claims against the automaker over an allegedly defective ignition switch, GM’s lawyers said in a letter to the New York federal judge overseeing the multidistrict litigation.

  • June 23, 2017

    ALJ Nixes Patents In ITC Probe Of Electronic Tolling IP

    A U.S. International Trade Commission administrative law judge deemed invalid Thursday a pair of radio frequency identification, or RFID, patents used in electronic tolling of moving cars, finding the patents lacked a written description and were anticipated and obvious.

  • June 23, 2017

    GM Done With NHTSA Oversight After Ignition Switch Recall

    General Motors on Thursday said it had wrapped up a three-year-long consent order with the National Highway Traffic Safety Administration over the automaker’s delayed recall of vehicles affected by an ignition switch defect, saying that it will continue working with the agency on safety issues.

  • June 23, 2017

    Rail Cos. Seek Review Of Stock Options' Tax Status

    Subsidiaries of the Canadian National Railway Co. urged the Seventh Circuit to reconsider its divided decision that nonqualified stock options are taxable in a $13.3 million lawsuit against the IRS, saying in a petition Thursday that the ruling conflicts with the court’s own prior decisions as well as U.S. Supreme Court precedent.

  • June 23, 2017

    BNSF Seeks Clarity On Order In Tribe's Oil-Shipping Suit

    BNSF Railway Co. on Thursday asked a Washington federal judge to clarify a recent order disposing of one of the railroad’s defenses in a dispute over the right to ship crude oil across a Native American tribe’s land, saying the order could be read as more expansive than intended.

  • June 23, 2017

    Bipartisan Group Of Sens. Float Drone Safety Bill

    A bipartisan group of senators introduced a bill Thursday that seeks to further the development of drones and safely integrate the unmanned machines alongside other aircraft.

  • June 23, 2017

    International Arrest Warrants Out For Ex-VW Execs

    U.S. authorities have issued international arrest warrants for five ex-Volkswagen managers under indictment in connection with the automaker’s emissions cheating scandal, a German news outlet reported on Thursday.

Expert Analysis

  • Monthly Column

    Gray Matters: We Feel, We Decide


    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

  • Employer Steps For Avoiding Business Travel Mishaps

    Elizabeth Espín Stern

    Steps taken by the Trump administration to tighten U.S. border security have signaled a new era in global mobility, both in the United States and throughout the world, in which cross-border travelers should expect more advanced investigation techniques by immigration officers as well as increased scrutiny and examination for even seemingly routine international travel, say attorneys at Mayer Brown LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Primary Effects Of Rolling Back Cuba Sanctions Relief

    Paul Marquardt

    A recent presidential directive lays out the framework for rolling back certain Obama-era regulations that eased travel and trade restrictions between the United States and Cuba. Although the action has received extensive coverage, its impact is fairly limited, says Paul Marquardt of Cleary Gottlieb Steen & Hamilton LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Roundup

    FERC At 40


    In 1977, the Federal Power Commission was replaced by the Federal Energy Regulatory Commission, and the U.S. energy system entered a new era. This series takes stock of FERC's past, present and future.

  • Texas Steel Bill Raises Questions For Construction

    Brian Gaudet

    Texas Senate Bill 1289 requires the use of domestic iron and steel for public infrastructure projects in the state. But given the higher price of U.S.-sourced steel, the bill would increase project costs significantly, likely resulting in fewer capital improvements, and possibly impacting construction-related jobs, say Brian Gaudet and Traci Donatto of Coats Rose PC.

  • Opinion

    DOJ Would Strongly Enforce More Russia Sanctions

    Harry Dixon

    The deft bundling of the Russia and Iran sanctions, backed by broad support in the Senate and Speaker Paul Ryan’s support in the House, will almost certainly lead to the president signing the bill into law — or risk his veto of a national security bill being quickly overridden. Assuming it becomes law, will enforcement be a priority for the Justice Department? The answer is a strong yes, says Harry Dixon of Taylor English Duma LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • 9th Circ. Cites Statutory Overreach In Travel Ban Decision

    Jeffrey Gorsky

    The Ninth Circuit's decision Monday to uphold the block on President Donald Trump's revised travel ban comes less than one month after the Fourth Circuit also enjoined enforcement of a portion of the executive order. However, the Ninth Circuit's opinion differs from the Fourth Circuit’s in several important ways, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.