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April 17, 2025
OpenAI Eyes Windsurf, Activist Targets HP, And More Rumors
OpenAI is preparing to bid about $3 billion to acquire coding developer Windsurf, activist fund Elliot Investment Management has purchased a major stake in Hewlett Packard with an eye toward pushing changes at the information technology giant, and private equity giant KKR is considering selling Atlantic Aviation for $10 billion.
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April 17, 2025
Ford Says Free Repairs Doom Explorer Axle Bolt Class Action
Ford has asked a federal judge to dismiss a proposed class's claims that the automaker sold Explorers designed with a rear axle bolt that's prone to cracking, saying vehicle owners aren't out any money because they can get damaged bolts replaced free of charge.
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April 17, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the producers of West End show "Elf the Musical" face a contract dispute, Korean biotech company ToolGen Inc. bring a fresh patents claim against pharma giant Vertex, and ousted car tycoon Peter Waddell bring a claim against the private equity firm that backed his business. Here, Law360 looks at these and other new claims in the U.K.
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April 16, 2025
Judge Pauses Md. Depositions In Bridge Collapse Suit
A federal judge has paused an order forcing witnesses associated with Grace Ocean and Synergy Marine, which owned the cargo ship that struck Francis Scott Key Bridge, to be deposed in Maryland, finding it unclear whether they're employees who can't be forced to come to the United States and must be subpoenaed.
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April 16, 2025
Southwest Moves Union's Sick Leave Fight To Federal Court
Southwest Airlines has moved a union lawsuit challenging its sick leave settlement with the state of Colorado to federal court, after the union amended its complaint to add a proposed class of flight attendants also challenging the deal.
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April 16, 2025
3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge
The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.
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April 16, 2025
Claims Court Affirms Threat Agency's $237M Logistics Award
A Court of Federal Claims judge denied Culmen International Inc.'s protest of a $237 million Defense Threat Reduction Agency award for logistics services, saying the agency rationally assessed proposals and reasonably handled potential conflicts involving evaluation board members.
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April 16, 2025
Mich. Exec Gets Prison As Judge Rips White Collar Wrist Slaps
A Michigan federal judge said Wednesday that he couldn't offer probation to a former asphalt company executive, saying the $17 million his company received as part of a bid-rigging scheme with competitors warrants some prison time to deter white collar criminals from thinking they can escape with a more lenient sentence.
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April 16, 2025
JetBlue Hit With Meal Break, Back Pay Class Suit In Wash.
JetBlue Airways Corp. is the target of a proposed class action in Washington state court from workers who allege the airline owes them for sick leave and breaks, as well as back pay for new hires, who had to study for mandatory orientation and job assessments.
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April 16, 2025
Feds Float Reducing Endangered Species Habitat Protections
The Trump administration on Wednesday said it plans to eliminate a long-standing regulatory provision that prohibits the destruction of endangered species habitat by project developers.
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April 16, 2025
3rd Circ. Says FAA Doesn't Apply To Drivers' Distributor Pact
The Third Circuit nixed on Wednesday a New Jersey lower court's order making a father-son delivery driver duo arbitrate their wage and hour claims against tortilla producer Gruma Corp., finding the Federal Arbitration Act does not apply to the parties' distributor contract.
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April 16, 2025
Carvana Stockholders Urge Revival Of Insider Trading Suit
Stockholder attorneys who saw unjust enrichment and fiduciary breach claims against Carvana Inc.'s directors, officers and controller scuttled in Delaware's Court of Chancery last year urged the state's justices Wednesday to revive claims against its controller, who allegedly relied on inside information while selling $3.7 billion of shares.
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April 16, 2025
Judge Axes Suit Against Intel Unit Mobileye Over Supply Glut
Autonomous driving company Mobileye Global Inc. has escaped a proposed investor class action that claimed the company's trading prices slid after it cut its first quarter revenue expectations in half, citing a supply glut, with a New York federal judge ruling that the investors' second amended complaint failed to plead any actionable misstatements, among other things.
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April 16, 2025
Helicopter Co. Can't Block Testimony In Crash Suit, Family Says
The family of a helicopter pilot who died fighting a wildfire has told a Montana federal judge that the manufacturer shouldn't be allowed to exclude their experts' testimony, since the company already had a chance to ask them about their theories.
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April 16, 2025
Auto Supply Chain Tariffs Chart Tricky Compliance Landscape
The compliance landmines created by the Trump administration's sweeping new tariffs have sparked a scramble among the automotive supply chain to renegotiate contracts and stockpile inventory to blunt the financial impacts in the short term, but long-term strategies are still being ironed out, experts say.
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April 16, 2025
Fed. Circ. Won't Revive MIT Patent In Electric Vehicle Fight
The Federal Circuit on Wednesday refused to revive a technology company's patent covering a wireless charging system created by the Massachusetts Institute of Technology, backing a Patent Trial and Appeal Board finding that the challenged claims were too obvious to warrant patent protection.
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April 16, 2025
Airport Shops' $6.9M Data Breach Deal Cleared For Landing
A Georgia federal judge has given preliminary approval to a nearly $6.9 million settlement that would end a suit between airport retailer Paradies Shops and a proposed class of employees who claim their data was compromised in a 2020 ransomware attack.
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April 16, 2025
NYC Bus Tour Operators Settle Antitrust Claims For $2.5M
A group of New York City tour bus companies inked a $2.5 million settlement with the state attorney general to settle claims that they colluded to quash competition.
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April 16, 2025
7th Circ. Judge Doubts CTA Worker's Signal Chat Claims
A Seventh Circuit judge on Wednesday expressed skepticism that a lower court erred in tossing a former Chicago Transit Authority employee's retaliation suit as a sanction for spoiling evidence, saying he changed his story about how electronic phone messages were deleted after a Signal executive said the initial explanation was technologically impossible.
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April 16, 2025
Baker McKenzie-Led Lyft To Buy Rival Freenow For €175M
Ride hailing service Lyft Inc. said Wednesday that it has agreed to acquire European competitor Freenow from BMW Group and Mercedes-Benz Mobility for approximately €175 million ($199 million) in a deal guided by Baker McKenzie and DLA Piper.
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April 16, 2025
California Challenges Trump's Economic Emergency Tariffs
The California state government filed suit Wednesday challenging President Donald Trump's recent use of a law that has allowed him to unilaterally impose broad and aggressive tariffs on imports entering the U.S.
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April 16, 2025
Judge Restores EPA Grant Funds For Climate Change Groups
A D.C. federal judge has ordered Citibank NA to start disbursing Biden-era federal grant funding to nonprofits working on climate change projects, and blocked the U.S. Environmental Protection Agency's effort to terminate the grants.
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April 15, 2025
Trump Cites U.S. Security To Investigate Critical Minerals Tax
President Donald Trump on Tuesday issued an executive order launching a so-called Section 232 national security tariff investigation into the United States' reliance on imported processed critical minerals, citing his belief that "an overreliance ... could jeopardize U.S. defense capabilities."
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April 15, 2025
7th Circ. Judge Skeptical Amazon Violated Labor Law
A Seventh Circuit judge on Tuesday pushed a National Labor Relations Board attorney to address why it was a violation of federal labor law for Amazon to tell employees that it can make exceptions to a policy limiting their off-duty access to a Kentucky facility at any time, "when the legal right exists whether the workers are told or not."
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April 15, 2025
Fla. Rail Operator Can't Dodge Bargaining Suit, Union Argues
A Florida high-speed rail operator is "going through the motions" at the bargaining table while waiting for a court to oust its workers' newly installed union, the union argued Tuesday, saying the employer should have to face a federal lawsuit claiming it is bargaining in bad faith.
Expert Analysis
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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BlackRock Suit Highlights Antitrust Risks Of ESG
In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Expropriation Claims After Justices' Holocaust Asset Ruling
The U.S. Supreme Court's recent decision in Hungary v. Simon, rejecting Holocaust survivors' claims against the Hungarian government under the Foreign Sovereign Immunities Act's expropriation exception, continues the trend of narrowly interpreting that exception and offers important guidance for future plaintiffs considering such claims, say attorneys at MoloLamken.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
At 100, Federal Arbitration Act Is Used To Thwart Justice
The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.
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Reading The Tea Leaves On Mexico, Canada And China Tariffs
It's still unclear whether the delay in the imposition of U.S. tariffs on Canadian and Mexican imports will result in negotiated resolutions or a full-on trade war, but the outcome may hinge on continuing negotiations and the Trump administration's possible plans for tariff revenues, say attorneys at Eversheds Sutherland.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Biden-Era M&A Data Shows Continuity, Not Revolution
While the federal antitrust agencies under former President Joe Biden made broad claims about increasing merger enforcement activity, the data tells a different story, with key claims under Biden coming in at the lowest levels in decades, say attorneys at Covington.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.