Transportation

  • August 18, 2017

    Feds Seek 3 Years For Ex-VW Engineer In Emissions Scandal

    Federal prosecutors asked a Michigan federal judge Friday to sentence ex-Volkswagen AG engineer James Liang to three years in prison after he pled guilty to charges stemming from the diesel emissions scandal, while his attorney sought house arrest and community service.

  • August 18, 2017

    US, TransCanada Seek To Trash Keystone Pipeline ESA Claim

    TransCanada and the U.S. government asked a Montana federal judge on Friday to toss a citizen-suit claim brought under the Endangered Species Act in a suit challenging the government’s approval of permits for the Keystone XL pipeline revived by President Donald Trump, saying environmental groups don’t have standing to bring ESA claims in response to presidential action.

  • August 18, 2017

    Trump Infrastructure Order Shows Strategy Without Clear Plan

    The Trump administration's recent executive order seeking to expedite permitting and approvals for infrastructure projects is an encouraging sign the president is curtailing what he views as overregulation and inching toward advancing his promised — yet still unseen — infrastructure investment proposal, experts say.

  • August 18, 2017

    Uber Can’t Use Ex-Exec’s Doc Theft Admission At Waymo Trial

    After receiving a flurry of letters from all sides, U.S. District Judge William Alsup on Friday upheld a finding that attorney-client privilege blocked testimony alleging former Uber self-driving car head Anthony Levandowski admitted to an Uber attorney he’d stolen documents from his previous employer, Waymo.

  • August 18, 2017

    Uber Asks 3rd Circ. Not To Revive Philly Cab Antitrust Suit

    The Philadelphia Taxi Association should not get its antitrust suit against Uber reinstated because its alleged injuries are the result of an increase, rather than a decrease in competition, Uber told the Third Circuit on Friday.

  • August 18, 2017

    Ex-UAW Official Charged In Fiat Union Payoff Scheme

    A former assistant director at the United Auto Workers Chrysler Department was charged Friday in Michigan federal court with violating the Labor Management Relations Act by allegedly accepting money and other gifts from Fiat Chrysler Automobiles US LLC employees.

  • August 18, 2017

    Taxation With Representation: Sullivan, Kirkland, Davis Polk

    In this week's Taxation With Representation, one Andeavor master limited partnership buys another for $1.5 billion, a transportation logistics company trades hands between private investment companies for nearly $1 billion, two clothing companies join up in an $820 million deal, and the Miami Marlins get traded for $1.2 billion.

  • August 18, 2017

    2nd Circ. Denies Constitution’s $683M NY Pipeline Retry

    The Second Circuit on Friday denied Constitution Pipeline Co. LLC’s request to review a decision by the New York State Department of Environmental Conservation that denied the company a water permit for a $683 million natural gas pipeline, saying the company hadn't provided the information the department requested.

  • August 18, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the European Investment Bank sue the Syrian government, Bank of India bring a commercial contract claim against a Turkish mining firm, and a claim targeting insurance firm QBE. Here, Law360 looks at those and other new claims in the U.K.

  • August 18, 2017

    Corps, Dakota Access Say Pipeline Oil Should Keep Flowing

    The U.S. Army Corps of Engineers and the Energy Transfer Partners unit behind the controversial Dakota Access crude oil pipeline continued to press a D.C. federal judge Thursday to keep oil flowing while the agency works to fix problems he found with an environmental review.

  • August 18, 2017

    Clark Hill Says It Couldn't Foresee Conflict In VW Appeal

    Clark Hill LLP has requested to withdraw as counsel for consumers from a Ninth Circuit case against Volkswagen, saying it unexpectedly inherited the case after a recent merger and had an obvious conflict as it also represents Volkswagen in other matters.

  • August 18, 2017

    Deals Rumor Mill: AT&T, Fiat Chrysler, Air Berlin

    AT&T is mulling a sale of its nearly $1 billion Digital Life home security business, multiple Chinese companies have refuted media speculation that they are interested in buying Fiat Chrysler, and recently bankrupt Air Berlin could be acquired by INTRO-Verwaltungs.

  • August 18, 2017

    Auto Bearings Supplier Ends Price-Fixing Claims For $3.2M

    A Japan-based automotive bearings supplier reached a $3.23 million agreement Thursday in Michigan federal court to settle claims in multidistrict litigation that it participated in a price-fixing scheme with manufacturers in the U.S., Japan and Germany.

  • August 17, 2017

    Toyota Urges Court To Deny New Subclass In Takata MDL

    Toyota urged a Florida federal judge on Thursday to deny a request from three car owners to be named as class plaintiffs and to form a new subclass in multidistrict litigation over dangerously defective Takata Corp. air bags, saying a proposed settlement adequately protects their interests.

  • August 17, 2017

    Judge Embraces 'Gilligan's Island' In Cruise Ship TM Row

    Just sit right back and you'll hear a tale, a tale of a trademarked ship, that started with a dry-docked boat, and ended in a snit.

  • August 17, 2017

    Ground Rules Set For Amtrak Cleanup Coverage Battle In NY

    A New York federal judge on Thursday laid ground rules for how a jury should determine whether Amtrak is entitled to coverage from scores of insurance companies for environmental cleanup costs and held that, if multiple policies are triggered, the insurers must spread coverage proportionally on a pro rata basis.

  • August 17, 2017

    Takata Ch. 11 May Give Automakers Lasting Liability Shield

    The Delaware bankruptcy court's decision to freeze much of the litigation surrounding Takata's defective air-bag inflators takes automakers off the hook for liability for only a short 90 days, but experts say a move that absolves the carmakers permanently could be a real possibility if certain chips fall into place.

  • August 17, 2017

    DC Circ. Urged To Ax Plan To Shut Down Santa Monica Airport

    Aviation groups urged the D.C. Circuit Wednesday to ground Santa Monica, California’s plans to shorten its airport runway as part of a deal with the Federal Aviation Administration to close the airfield by 2029 and turn it into a park, saying the FAA disregarded statutory mandates by blessing the plan.

  • August 17, 2017

    Ill. School Bus Co. Can't Dodge All Of Sex Harassment Case

    A Chicago-area school bus company cannot dodge the bulk of a sexual harassment case brought by a former bus driver and dispatcher who claims she was harassed by a female superior and alleges she was fired because of her complaints about the hostile work environment, an Illinois federal judge ruled Wednesday.

  • August 17, 2017

    16 States Back Trump Travel Ban In High Court Brief

    A group of 16 states, led by Texas, on Thursday backed the Trump administration’s travel ban for nationals of six predominantly Muslim countries and suspension of the nation’s refugee program, telling the U.S. Supreme Court the ban is facially neutral.

Expert Analysis

  • Protecting The Privacy Of Privileged Internal Investigations

    Donna Fisher

    Despite the fact-dependent nature of privilege, complicated by the diversity of approaches across jurisdictions, corporations can take effective measures to best protect confidential attorney-client communications and attorney work product relating to internal investigations, say attorneys with Pepper Hamilton LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • 'Nonbinding' Still Means 'Nonbinding' In Texas

    Roxanne Almaraz

    Last month, a Texas court reversed a $535 million jury verdict against Enterprise Products Partners LP, leaving Energy Transfer Partners LP empty-handed, and holding that no binding partnership had been inadvertently formed between the companies. Contract lawyers and many would-be midstream joint venturers are breathing a collective sigh of relief, say Roxanne Almaraz and Alyssa Ladd of King & Spalding LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • FAA Regs Still Apply To 'Commercial' Drone Use

    Tod Northman

    The Federal Aviation Administration has promulgated rules for routine use of small unmanned aircraft systems. A recent D.C. Circuit case struck down the application of the rules to recreational use, but they remain in force for commercial use. And that raises the thorny issue of what constitutes commercial use, says Tod Northman of Tucker Ellis LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 1

    Max Kennerly

    In December 2015, the parts of the Federal Rules of Civil Procedure concerning proportionality in discovery were amended. The amendments changed the language defining the scope of relevance, but substantively, this remains the same as it has been for nearly 40 years, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.