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December 11, 2024
Tesla Stockholder Contests $345M Musk Pay Fight Fee In Del.
A Tesla Inc. stockholder has asked to intervene in the Delaware Court of Chancery class derivative case that scuttled CEO Elon Musk's 10-year, $55.6 billion compensation plan, citing objections to court approval of a stock or cash fee award for class attorneys worth $345 million.
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December 11, 2024
Wash. Port Asks Justices To Review 9th Circ. CWA Ruling
The Port of Tacoma urged the U.S. Supreme Court on Wednesday to answer what it calls a "longstanding circuit split" over whether private suits seeking to enforce state permit conditions that go beyond the Clean Water Act can proceed in federal court.
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December 11, 2024
Uber Worker Can Arbitrate Firing Claim, Calif. Court Says
A California state appeals court backed a trial court's move to revive a former Uber employee's arbitration dispute with the company claiming she was fired for complaining about sex bias, ruling an arbitrator was wrong to find she attempted to restart the clock on her allegations.
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December 11, 2024
DHS Confirms 4th Chinese Nationals Removal Flight This Year
More Chinese migrants were deported from the U.S. via chartered flight Monday as part of the federal government's policy imposing harsher penalties for those who enter the country illegally, marking the fourth large-scale removal flight to China in the last six months, the Department of Homeland Security said Wednesday.
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December 11, 2024
Law Firm Manager Gets Prison For Bribes In No-Fault Scam
A Manhattan federal judge on Wednesday hit a former law firm manager with a five-year prison sentence for paying $800,000 in bribes that fueled a $70 million no-fault automobile insurance fraud racket, saying his lawbreaking "was massive in scope."
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December 11, 2024
DC Judge Enforces $325M Arbitral Award Against Argentina
Argentina must pay a $391 million arbitral award issued following a 15-year-old dispute over the renationalization of the country's state-owned airline, a federal judge in Washington, D.C., ruled on Tuesday.
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December 11, 2024
Cross-Border Criminal Antitrust Trial Will Stay In Houston
A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.
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December 11, 2024
EPA Gives States, Tribes Clearer Path To Water Permit Power
States and Native American tribes have a clearer path to gaining the authority to set water pollution standards that may be even stronger than federal ones under a U.S. Environmental Protection Agency rule finalized Wednesday.
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December 11, 2024
Toyota Must Face 'Parasitic Drain' Claims, Ga. Judge Says
A proposed class action alleging that Toyota's RAV4 SUV suffers from a known defect that drains the car's battery while shut off was largely preserved Wednesday by a Georgia federal judge, who declined to dismiss all but one of the claims against the manufacturer.
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December 11, 2024
WilmerHale's Bharara Named To Steer NJ Traffic Stop Probe
The New Jersey attorney general has named Preet Bharara, a partner at WilmerHale and a former U.S. attorney, to head a criminal investigation into a significant drop in speeding and drunken driving tickets written by the State Police.
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December 11, 2024
White House Wants US Chips In Gov't Supply Chain
The Biden administration is asking for suggestions on how best to encourage government contractors to "scale up their use" of American-made microchips in a new request for information Tuesday, looking to drive demand as the 2022 CHIPS and Science Act incentivizes new domestic supply.
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December 11, 2024
Del. Bar Urged To Push Back On Musk's Chancery Criticism
Nearly 100 legal professionals, mainly plaintiffs bar attorneys and law professors, have called on the Delaware State Bar Association to defend the state's chancellor against attacks that tech and social media billionaire Elon Musk launched after a stinging defeat of his nearly $56 billion, multiyear Tesla Inc. package in January.
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December 11, 2024
DC Circ. Lets Pipeline Safety Rule Remain Amid Agency Fix
The D.C. Circuit has agreed to leave in place one of four new safety standards for gas transmission pipelines while the U.S. Department of Transportation works to amend them, after an industry group said not doing so could cause unnecessary repair costs.
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December 11, 2024
Yellow Corp. Seeks OK For $192.5M Truck Terminal Sales
Trucking group Yellow Corp. has asked a Delaware bankruptcy judge to sign off on sales of 12 owned and leased truck terminals that would bring some $192.5 million into its Chapter 11 estate.
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December 11, 2024
Calif. Panel Reverses Cost Award After Auto Shop Wage Trial
A California appeals panel flipped a lower court's decision awarding about $54,000 in post-offer costs to an auto body shop after winning a former employee's wage and hour suit, saying that two sections of the California Labor Code preclude such awards.
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December 10, 2024
Feds Tell Justices To Stay Out Of Climate Change Tort Fights
U.S. Solicitor General Elizabeth Prelogar on Tuesday urged the U.S. Supreme Court not to weigh in on climate change torts filed against fossil fuel companies, arguing in a pair of briefs that the state court cases aren't the correct vehicles for resolving the issues, at least not yet.
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December 10, 2024
Wash. Woman Accused Of Smuggling Oil, Gas Parts To Russia
A Washington-based regional manager of a freight forwarding company is accused of helping Russians evade U.S. export controls and sanctions issued after Russia's 2022 invasion of Ukraine by illegally shipping industrial oil and gas equipment to Russia through intermediary countries like China, New York federal prosecutors announced Tuesday.
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December 10, 2024
7th Circ. Questions Reviving Harley-Davidson Warranty MDL
The Seventh Circuit on Tuesday flagged issues with not only Harley-Davidson's motorcycle warranty but also its customers' antitrust claims against it as the court considered reviving multidistrict litigation claiming the contract constitutes illegal tying.
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December 10, 2024
Feds Propose Enviro Protections For Monarch Butterfly
The U.S. Fish and Wildlife Service issued a proposed rule on Tuesday that would list the monarch butterfly as a threatened species under the Endangered Species Act and designate 4,395 acres of critical habitat in coastal California.
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December 10, 2024
BNSF Railway On The Hook For $2.7M Spinal Injury Verdict
BNSF Railway Co. can not escape a $2.75 million jury verdict that found it had negligently caused a worker's permanent spinal injuries, a Missouri appeals court ruled Tuesday, saying the trial court made no mistake when telling jurors to consider both the safety conditions of the train and reflective vest.
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December 10, 2024
Kid Climate Activists Ask Justices To Save Twice-Nixed Case
Youth plaintiffs have asked the U.S. Supreme Court to revive their climate change lawsuit against the federal government but said the court should decide a key death penalty case first that involves a similar constitutional question.
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December 10, 2024
Tekion Accuses CDK Of Blocking Rival Dealership Software
Tekion Corp. accused CDK Global LLC of monopolizing the market for auto dealership management software by holding its customers' data "hostage" to prevent them from switching to competing platforms.
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December 10, 2024
Utah Counties' Narrow NEPA Test Meets High Court Critics
Utah counties looking to narrow courts' ability to review federal agencies' environmental analyses of proposed projects hit roadblocks Tuesday from skeptical U.S. Supreme Court justices and the U.S. Department of Justice, who said the proposed limits go too far.
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December 10, 2024
Split 9th Circ. Won't Revive Tesla Worker's Whistleblower Suit
A split Ninth Circuit refused to revive a terminated Tesla worker's Sarbanes-Oxley whistleblower claim alleging he was retaliated against for reporting unlawful activity, ruling on Tuesday the worker is precluded from re-litigating in district court whether he engaged in protected activity, since an arbitrator already decided that he did not.
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December 10, 2024
6th Circ. Judges Doubt Engineers' Claims Avoid Labor Act
Sixth Circuit judges on Tuesday sounded skeptical that a group of auto engineers' claims over a bribery scheme between the United Auto Workers union and Fiat Chrysler, which the engineers allege negatively affected their employment, wouldn't be based on their collective bargaining agreement and thus preempted by federal labor law.
Expert Analysis
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Insurance Considerations For Cos. That May Face Strikes
The recent surge in major work stoppages in the U.S. highlights the growing importance of strike preparedness for businesses, which includes understanding strike insurance coverage options, say Chris D’Amour and Brooke Duncan at Adams and Reese.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea
Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Decoding Arbitral Disputes: Spain Faces Award Enforcement
Spain's loss in its Australian court case against Infrastructure Services Luxembourg underlines the resilience of international arbitration enforcement mechanisms, with implications extending far beyond this case, says Josep Galvez at 4-5 Gray's Inn.
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6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.
Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.