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Transportation
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June 10, 2024
Arnold & Porter Advises Cognizant On $1.3B Belcan Buy
Arnold & Porter Kaye Scholer LLP is guiding Cognizant on a newly inked agreement to buy Kirkland & Ellis LLP-repped Belcan for about $1.3 billion, Cognizant said in a statement Monday.
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June 10, 2024
Contractor Can Replead Claims In $115M City Streetcar Suit
A contractor suing the city of Charlotte for $115 million over alleged cost overruns and delays on a streetcar line construction project will have another shot at pleading its contract claims after a North Carolina Business Court judge cleared the path to file an amended complaint.
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June 10, 2024
Pa. Bridge Collapse Victim Can Only Get $5K, Court Told
Pittsburgh Regional Transit wants to trim claims brought by a passenger aboard a bus that was on the Fern Hollow Bridge when it collapsed in 2022, telling a Pennsylvania court that as a self-insured state agency, the most it would owe her is $5,000 for medical expenses.
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June 10, 2024
Catching Up With Delaware's Chancery Court
Big players and big moves dominated much of the past week in Delaware's Court of Chancery, as Tesla in particular and big corporations in general showed their pique over rulings that went toward stockholders or against conventional expectations.
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June 10, 2024
Elliott Presses Southwest Airlines For Leadership Changes
Elliott Investment Management LP said Monday that it has amassed a stake in Southwest Airlines of approximately $1.9 billion as it pushed the airline to make leadership changes, but Southwest was quick to defend its top brass.
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June 10, 2024
Justices Seek Solicitor General View On Climate Change Torts
The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on a bid to end a suit brought by Honolulu seeking to put fossil fuel companies on the hook for climate change-related damages.
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June 07, 2024
Fla. Urges Judge To Reconsider Block Of Immigration Law
Florida has urged a federal judge to reconsider an order blocking a state law that criminalizes the transportation of unauthorized immigrants, saying its argument that opposing parties failed to state the law is federally preempted was never addressed by the court.
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June 07, 2024
Uber Targets Most Calif., Texas Claims In Driver Assault MDL
Uber urged a California federal judge Friday to toss the majority of claims from plaintiffs in California and Texas in multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assaults, saying it can't be held responsible for the actions of individual drivers under those state's laws.
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June 07, 2024
Susman Attys Can Exit IP Suit Amid Arigna's Row With Funder
New York boutique firm Susman Godfrey LLP has persuaded a D.C. federal judge to let the firm out of having to represent patent litigation business Arigna Technology Ltd. following a breakdown in the firm's arrangement with the business's litigation funder.
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June 07, 2024
Parking Lot Tech Co. Wants Rival To Hit The Brakes
A Texas company that develops parking enforcement technology is suing a competitor in Colorado federal court, claiming the rival is infringing three of its patents that cover the use of a camera to track vehicles entering and exiting lots, automated fees, and ticketing.
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June 07, 2024
Tesla Rips 'Unprecedented' $5.6B Fee Bid In Musk Pay Fight
Tesla urged Delaware's Chancery Court on Friday to reject a $5.6 billion stock-based fee request by counsel representing investors who blocked Elon Musk's record Tesla pay package, arguing the "unprecedented" fee bid is unreasonable, unwarranted and 17 times larger than any fee award in Delaware history.
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June 07, 2024
US Auto Regulator Finalizes New Fuel Economy Standards
The U.S. Department of Transportation on Friday finalized highly anticipated new fuel economy standards for passenger cars and light trucks that envision boosting average efficiency to 50.4 miles per gallon by 2031, marking the Biden administration's latest climate-focused endeavor to curb emissions in the transportation sector.
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June 07, 2024
FCA, Cummins' $6M Engine Defect Deal Gets OK'd
A Michigan federal judge gave the go-ahead Friday to a $6 million settlement to resolve claims that Cummins Inc. made defective engines that went into FCA US LLC's Dodge Ram vehicles. FCA, now part of Stellantis NV, was once better known as Fiat Chrysler Automobiles NV.
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June 07, 2024
Cherokee Man Asks High Court To Undo Tribal Tag Charges
A Cherokee Nation man is asking the U.S. Supreme Court to overturn a Michigan Supreme Court order that denied him the chance to appeal his traffic stop convictions, arguing that the state must be barred from broadening the definition of "registration plate" in regard to tribal-licensed tags.
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June 07, 2024
Texas AG, Spirit AeroSystems Duel Over Safety Probe
Spirit AeroSystems Inc. and Texas Attorney General Kenneth Paxton each asked a federal court for an early win in their dispute over the state's probe into Spirit's management, with Spirit arguing the state's Request to Examine statute violates the Fourth Amendment, and Paxton arguing it is a constitutionally compliant subpoena.
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June 07, 2024
Vehicle Repair Co. Gets New Shot At Hiring H-2B Mechanic
A maintenance and vehicle repair company will have another chance to apply for an H-2B certification for a diesel mechanic, a U.S. Department of Labor appeals board ruled, saying that a certifying officer arbitrarily anticipated the deadline for submission.
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June 07, 2024
States Urge DC Circ. To Smoke EPA Particulate Matter Rule
A coalition of 25 Republican-led states and eight industry groups have urged the D.C. Circuit to strike down the U.S. Environmental Protection Agency's final rule tightening federal standards for fine particulate matter pollution in separate opening briefs.
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June 07, 2024
Uber Can Arbitrate With Paralyzed Rider, Mass. Justices Rule
Massachusetts' highest court on Friday ruled Uber Technologies Inc. had made its terms of service clear enough to move a paralyzed rider's case to arbitration, despite a dissent from one justice who said the company should spell out the rights that riders surrender when they hail a car.
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June 07, 2024
Southwest Attys Get Pause On 'Punitive' Religious Training
In finding Friday that an order for several in-house Southwest Airlines attorneys to undergo "religious liberty training" should be permanently placed on hold while an appeal of a flight attendant's Title VII trial win is pending, the Fifth Circuit said the district court had likely exceeded "the scope of the court's civil-contempt authority."
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June 07, 2024
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen British broadcaster GB News hit with a libel claim by climate activist Dale Vince, MGM take aim at an immersive events company over intellectual property rights to the James Bond franchise, and law firms Stephenson Harwood and Bowen-Morris & Partners tackle a contracts claim by investment adviser Yieldstreet. Here, Law360 looks at these and other new claims in the U.K.
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June 06, 2024
Tesla Sued Over Vote On Revived $55B CEO Pay, Texas Move
Tesla, its board of directors and CEO Elon Musk were hit with a proposed class action in Delaware Chancery Court on Thursday over the company's plan to seek stockholder approval for the same $55.8 billion Musk compensation plan voided in January, along with reincorporation of Tesla as a Texas company.
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June 06, 2024
Texas AG Takes Aim At Carmakers Selling Drivers' Data
Texas' attorney general has become the latest to turn up the data-privacy heat on connected car manufacturers, revealing Thursday that his office has begun an investigation into how these companies amass and sell drivers' data to third parties, including insurance providers.
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June 06, 2024
11th Circ. Won't Revive State Farm Auto Policy Coverage Fight
The Eleventh Circuit affirmed Thursday the dismissal of a State Farm auto policyholder's proposed class action alleging the insurer breaches its own policies by routinely denying medical expense coverage based on an ambiguous "reasonableness" standard, finding that the policyholder's interpretation of the policy would render parts of it "meaningless."
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June 06, 2024
NTSB Pins Jets' Near Miss On Fog In Austin, Controller Errors
Dense fog, the absence of critical runway safety technology and an air traffic controller's incorrect assumptions contributed to the February 2023 near-collision of a FedEx cargo plane and a Southwest Airlines passenger jet in Austin, Texas, the National Transportation Safety Board said Thursday.
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June 06, 2024
Alaska Air Passengers Refile Suit Over Boeing Blowout
A group of passengers who were on an Alaska Airlines Inc. flight when a door plug blew out during a Jan. 5 flight have refiled their claims against the airline, Boeing Co. and Spirit AeroSystems Inc. in federal court — days after voluntarily dismissing their state court suit.
Expert Analysis
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Green Tech And IP From Obama Through Biden: What's Next?
J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.
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Aviation Watch: Pilots Face Mental Health Catch-22
The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.
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EU Rejection Of Booking.com Deal Veers From Past Practice
The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.
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Property Owner Considerations Around Electric Vehicle Bans
In light of a property management company's recent ban on electric vehicles in Canada, it's worth considering how similar bans might fare in Florida and other U.S. states, and the legal ramifications that could potentially arise, say Gerardo Ortega and Gary Kaleita at Lowndes.
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What US-Canada Critical Minerals Collab Means For Cos.
Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.
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Bid Protest Spotlight: Bias, Unequal Discussions, Timeliness
In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Employer Lessons After 2023's Successful Labor Strikes
Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.