• March 23, 2017

    Ind. Drivers Get 2nd Chance At Compulsory Unionization Suit

    An Indiana appellate court ruled Thursday that truck drivers for a concrete company could pursue claims that their employer and a union violated the state’s right-to-work law by forcing them to remain union members even though the law voided a collective bargaining provision mandating they be in the union. 

  • March 23, 2017

    Toyota Drops $1.3B On PE-Backed Automation Biz

    Toyota Industries Corp. said Thursday it will buy Dutch logistics automation company Vanderlande Industries Holding BV for 140 billion yen ($1.26 billion) from its private equity backer, beefing up the auto parts, forklifts and textile machinery maker's material handling business.

  • March 23, 2017

    Uber’s Bid To Arbitrate Bogus Stock Promise Row Stalls

    A California federal judge said Thursday she’ll deny Uber’s bid to arbitrate a proposed collective action alleging the ride-hailing giant lured top engineers with stock option promises that were later reneged, saying she’ll instead stay the case until the U.S. Supreme Court decides if businesses can force employees to waive collective claims.

  • March 23, 2017

    Calif. Toll System Doesn't Violate Drivers' Privacy, Court Told

    The operators of a cashless toll system in Orange County, California, told a federal judge that state laws authorize toll agencies to use driver information to collect unpaid tolls, slamming a proposed class of drivers claiming the practice violates their privacy.

  • March 23, 2017

    German Prosecutors Probe Daimler Diesel Emissions

    A German prosecutor’s office has launched a probe into whether Daimler AG employees committed fraud over the sales of its diesel cars by faking emissions documents, according to media reports on Wednesday.

  • March 23, 2017

    Trump Admin. Gets Fast Appeal Of Immigration Ban Suit

    The Fourth Circuit on Thursday granted the federal government’s request for an expedited appeal of a Maryland federal judge's ruling blocking President Donald Trump's revised immigration ban targeting migrants from majority-Muslim countries, after the government cited “national security needs.”

  • March 23, 2017

    Texas Court Nixes BNSF Bid To Strike Oil Beneath Tracks

    A Texas appeals court on Wednesday upheld a lower court ruling that BNSF Railway Co. wasn't entitled to oil found on land beneath its railroad tracks, concluding that the terms of a 1903 deed struck between the railroad and landowners only entitled BNSF to an easement on the property's surface.

  • March 23, 2017

    Teamsters Can’t Stay Airline's New Hire Bonus Policy

    A Washington federal judge has denied the Teamsters’ request for a preliminary order stopping Horizon Air Industries Inc. from continuing a signing bonus and tuition reimbursement program for newly hired pilots, saying the union didn't show that those pilots who have neither begun training nor performed work are employees.

  • March 23, 2017

    DC Court Rejects Feds' Bid To Save Amtrak Regulatory Power

    A D.C. federal judge on Thursday rejected the government’s bid to preserve a federal statute allowing Amtrak to set performance and scheduling standards along the nation’s passenger railways, saying the D.C. Circuit unequivocally struck down the statute as unconstitutional last year.

  • March 23, 2017

    Drivers Say GM Can't Exclude Valukas Report Facts In Trials

    Drivers in multidistrict litigation over GM’s alleged ignition switch defect slammed the automaker's bid to exclude from upcoming trials a set of admissions made to the National Highway Traffic Safety Administration and the key investigatory “Valukas report,” saying Wednesday that such a move would break with prior rulings and that the evidence is critically relevant.

  • March 22, 2017

    Ford Sued For Alleged Defect In Shelby Racetrack Mustangs

    Car enthusiasts who were expecting to be able to race like the greats in their Shelby GT350 Mustangs from Ford Motor Co. were disappointed because of a pair of defects that cause the cars to lose speed and power mid-drive, according to a proposed class action in Florida on Wednesday.

  • March 22, 2017

    ING Bank Inks Deal To Sell Its Share Of Dakota Pipeline Loan

    ING Bank said Tuesday it has signed an agreement to sell its $120 million stake in the loan financing Dakota Access LLC’s controversial crude oil pipeline to an undisclosed buyer, after the Standing Rock Sioux Tribe urged the bank to do so as a message.

  • March 22, 2017

    US Chamber Can't Sue Over Driver Union Law, Seattle Says

    The city of Seattle told a Washington federal judge Wednesday to toss the U.S. Chamber of Commerce’s suit challenging the city’s law giving for-hire drivers working for companies such as Uber and Lyft the right to unionize, saying the claims are based on speculative events that may never come to pass.

  • March 22, 2017

    GM Pushes Wireless Tech, Autonomous Car Needs With FCC

    General Motors Co. representatives have told the Federal Communications Commission chairman that the company is open to certain spectrum-sharing as long as it doesn’t interfere with wireless car technology and asked for “regulatory certainty” for a safety measure in autonomous vehicles.

  • March 22, 2017

    Arab Bank Seeks $2M From Shipper In Corn-Delivery Row

    The Swiss unit of Arab Bank filed suit in Connecticut federal court Wednesday demanding the “arrest and seizure” of a shipping vessel and $2 million in damages after a botched corn delivery, attempting to obtain “security” while the parties arbitrate in London.

  • March 22, 2017

    Enviros Ask For Pa. Pipeline Project Stay During Appeal

    The Delaware Riverkeeper Network on Wednesday shot back at efforts by the U.S. Army Corps of Engineers and a Kinder Morgan Inc. unit to deny the environmental group’s bid to halt construction of the company’s Pennsylvania pipeline project until the appeals court weighs in, saying it would be irreparably harmed without such a stay.

  • March 22, 2017

    VW, Ex-Exec Seek To Scrap Investor Claims In Emissions MDL

    Volkswagen AG and the former head of its U.S. unit urged a California federal judge to dismiss partially amended claims brought by a proposed class of investors as part of the sprawling multidistrict litigation over the automaker’s diesel emissions scandal, according to separate motions filed Tuesday and Wednesday.

  • March 22, 2017

    FMCSA Axes Proposed Safety Fitness Determination Rule

    The Federal Motor Carrier Safety Administration on Wednesday withdrew its proposed safety fitness determination rule, which would’ve updated the agency's methodology for determining when a motor carrier is unfit to operate a commercial motor vehicle, after pressure from trucking industry stakeholders who called the proposal problematic.

  • March 22, 2017

    Unsecured Creditors Balk At United Road Towing's DIP Terms

    The unsecured creditors of bankrupt roadside assistance company United Road Towing Inc. on Wednesday objected to the terms of the company’s post-petition financing, saying a second-tier lien holder is receiving an excessive protection package.

  • March 22, 2017

    Quarles & Brady Shakes Tire Investor Fraud Suit

    A California federal court Tuesday allowed Quarles & Brady LLP to duck allegations it shut out a foreign investor from retaining a stake in a rubber-tire recycler, finding the law firm did not mislead or present false statements to the stakeholder.

Expert Analysis

  • Acquiring Midstream Assets And Gas Agreements: Part 2

    Greg Krafka

    Because the value of natural gas gathering systems, processing plants and related midstream assets depends on fees to be paid under associated gas gathering and processing agreements, terms and conditions of these agreements — with respect to acreage dedication, well connections, covenants running with the land, and other matters — must be scrutinized before asset purchases, say Greg Krafka and Jim Strawn of Winstead PC.

  • Delays And Uncertainty Surround Trump's Latest Travel Ban

    Maria Fernanda Gandarez

    As the constitutionality of President Donald Trump's latest immigration-related executive order is pending, the administration is cracking down on immigration benefits more generally, and employers may want to exercise extreme caution before having nationals of the EO's six designated countries travel internationally, say Maria Fernanda Gandarez and Matthew Kolodziej of Ogletree Deakins Nash Smoak & Stewart PC.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Acquiring Midstream Assets And Gas Agreements: Part 1

    Greg Krafka

    In the acquisition of natural gas gathering systems, processing plants and related midstream assets, a primary focus of legal due diligence will be the gas gathering and processing agreements associated with these assets. Terms and conditions governing service levels, fees, environmental costs, termination and other issues must be carefully reviewed before purchase, say Greg Krafka and Jim Strawn of Winstead PC.

  • Why Calif. May Be The New Frontier For Autonomous Vehicles

    Linda Pfatteicher

    This month, the California Department of Motor Vehicles released new draft regulations governing the testing and deployment of autonomous vehicles. California's announced commitment to advancing innovation is especially important now that states like Michigan and Florida are challenging its forerunner role in testing autonomous vehicles, say attorneys with Squire Patton Boggs LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Key Lessons From Recent Employee Allegations Against Uber

    Christopher D. Durham

    Thankfully, for executives, managers and human resources professionals who are kept up at night by accounts like the recent blog post published by former Uber software engineer Susan Fowler, there are measures that every company can take to minimize the risk that its name will be the next splashed across the headlines, says Christopher Durham of Duane Morris LLP.

  • Why We Need The Fairness In Class Action Litigation Act

    Alexander R. Dahl

    The polarized reaction to H.R. 985 indicates that class action and multidistrict cases are in trouble. It was a good idea to revise Rule 23 of the Federal Rules of Civil Procedure and to create the Judicial Panel on Multidistrict Litigation in the 1960s, but now these mechanisms are exceeding their limits and should be reined in, says Alexander Dahl of Brownstein Hyatt Farber Schreck LLP.

  • The Corwin 'Cleansing' Continues

    Warren S. de Wied

    The recent dismissal of a challenge to Columbia Pipeline's spinoff and sale is now the fifth in a series of Delaware decisions interpreting Corwin as permitting “cleansing” of a transaction even when the approving directors allegedly had not been independent. Notably, Columbia Pipeline involved a more “vivid” conflict-of-interest issue than the previous cases, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.