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Transportation
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January 28, 2025
Holland & Knight Adds Financial Services Partner In New York
Holland & Knight LLP has brought on a former Mayer Brown LLP partner who specializes in asset securitization and structured finance to its growing financial services team.
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January 28, 2025
NY Battery Startup Hits Ch. 11 With $136M Debt, Sale Plans
Electric vehicle and renewable energy storage lithium-ion battery maker iM3NY filed for bankruptcy protection in Delaware, reporting around $136 million in debt after it wasn't able to drum up new funding for a battery production plant in New York.
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January 28, 2025
Former FAA Chief Counsel Joins DLA Piper
The Federal Aviation Administration's former chief counsel Marc Nichols has joined DLA Piper in Washington, D.C., as partner and co-chair of its transportation practice, the firm announced Tuesday.
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January 27, 2025
5th Circ. Wipes Out FTC Rule Targeting Auto Industry Scams
A split Fifth Circuit panel on Monday vacated the Federal Trade Commission's Combating Auto Retail Scams, or CARS, rule prohibiting bait-and-switch tactics and hidden charges in the car buying and leasing process, siding with car dealers and finding that the FTC didn't give adequate notice of the proposed rulemaking.
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January 27, 2025
Judge Grants Bid For Docs, Code In EPassport Fight
A Court of Federal Claims judge partially granted a German company's bid to secure discovery materials from the U.S. government and a French cybersecurity firm for its suit accusing the government of infringing on patents related to electronic passport readers.
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January 27, 2025
PTAB Axes Processor Patent Asserted Against Carmakers
The Patent Trial and Appeal Board has invalidated all the claims in a patent issued almost a decade ago to engineers at Intel and then assigned to a litigation business that asserted it against automakers and others.
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January 27, 2025
Enbridge Urges Line 5 Judge To Stall For Trump Admin Talks
Enbridge Energy LP suggested Monday that a judge should "sit tight" rather than immediately rule on the merits of Michigan's lawsuit over its Line 5 pipeline to give the new U.S. presidential administration time to reach a resolution with Canada in the long-running dispute.
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January 27, 2025
9 Charged In Alleged $200M Chinese Smuggling Scheme
Nine people were charged by Los Angeles federal prosecutors with scheming to smuggle as much as $200 million worth of counterfeit luxury items into the United States through the ports of Los Angeles and Long Beach.
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January 27, 2025
Drone Co., Media Biz And Tire-Maker Announce SPAC Mergers
Three overseas companies spanning industries from drones to fashion media and tire manufacturing announced plans on Monday to go public in the U.S. by merging with special purpose acquisition companies in deals projected to exceed $1.1 billion in value, guided by at least eight law firms.
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January 27, 2025
Norfolk Southern Can't Block Expert Testimony On Derailment
A railcar inspector with over 45 years of experience is clear to testify against Norfolk Southern in litigation over the 2023 train derailment and chemical spill in East Palestine, Ohio, a federal judge has ruled, rejecting the rail company's argument that he was not qualified to opine on certain train safety equipment.
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January 27, 2025
Tesla Too Late To DQ Judge In Crash Suit, Court Told
A woman suing Tesla Inc. over a crash that resulted in the amputation of her legs is urging a California federal court not to disqualify the judge assigned to her product liability case, saying the automaker has no excuse for waiting nearly a year and a half, until just before trial, to call for his disqualification.
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January 27, 2025
Buzbee Seeks Sanctions In Ex-Client's Fraud Suit
Amid his high-profile battles with music moguls Sean "Diddy" Combs and Shawn "Jay Z" Carter, Houston personal injury lawyer Tony Buzbee is seeking sanctions against the lawyers pursuing a separate fraud suit against him, saying they brought up unrelated accusations to harass Buzbee and damage his reputation.
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January 27, 2025
Tesla Takes EU To Court Over Electric Vehicle Tariffs
Tesla is taking the European Union to court over anti-subsidy tariffs the bloc has imposed on imports of electric vehicles from China, Europe's top court confirmed on its website Monday.
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January 27, 2025
Pipeline Cos. Tell DC Circ. FERC Project Review Is Solid
Companies behind a methane gas pipeline set to run between West Texas and Mexico are asking the D.C. Circuit to uphold the Federal Energy Regulatory Commission's approval of the project, which is being challenged by environmentalists.
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January 24, 2025
Mich. Justices Pass On FCA Employee's Racial Slur Appeal
The Michigan Supreme Court on Friday refused to revive a Black man's racial discrimination lawsuit that alleged his supervisor at FCA US LLC regularly called him a racial slur, although two justices, while concurring with the decision, disagreed that the man insufficiently alleged a racially hostile work environment.
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January 24, 2025
Colo. Judge Asks If Uber Pay Law Is Like Cigarette Warning
A Colorado federal judge asked the state whether a law requiring Uber to disclose driver pay to riders can be compared to cigarette warning labels if riders are getting the information after a ride is completed, at a hearing Friday to consider whether to block the law from taking effect.
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January 24, 2025
Carvana's $1.5M Deal To End Conn. Consumer Suit Approved
A Hartford state trial court judge has approved an agreed-upon $1.5 million judgment between Carvana LLC and the State of Connecticut, ending claims that the online car dealer delayed sending title documents to buyers, failed to advance timely payments to sellers and offered poor customer service.
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January 24, 2025
Delivery Co. Flouted FLSA, Amazon Driver Claims
An independent freight carrier that allegedly contracts with Amazon has been hit with a proposed class action in New York federal court claiming its delivery drivers are deprived of meal breaks, overtime pay and other wages.
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January 24, 2025
Amex GBT Faces Sept. Trial In DOJ Case Against $570M Deal
A New York federal judge set a September trial date Friday for the U.S. Department of Justice suit challenging American Express Global Business Travel Inc.'s planned $570 million purchase of CWT Holdings LLC, rejecting company assertions of "exigencies" necessitating a decision by June.
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January 24, 2025
Trump Admin Requests Justices Pause Three Energy Cases
The Trump administration on Friday asked the U.S. Supreme Court to pause three cases so the U.S. Environmental Protection Agency can review Biden-era regulatory decisions that may alter the government's legal positions.
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January 24, 2025
Boeing Takes $1.7B Hit On Fixed-Price Defense Deals
The Boeing Co. said it will take a further $1.7 billion hit on fixed-price space and defense programs that have already caused the company years of losses, citing issues such as increased production costs and disruptions from a recent strike.
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January 24, 2025
Ford Fails To Block Evidence Of Other Crashes In Death Trial
A Georgia federal judge refused to block evidence of similar crashes from being presented at a trial over the deaths of a couple in a rollover wreck of their Ford Motor Co. vehicle, but he limited the number of incidents that the plaintiffs can present from the 110 that the plaintiffs proposed to 50.
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January 24, 2025
Chemical Co. Says Insurer Owed Defense For Birth Defect Suit
A chemical supplier said a Liberty Mutual unit unreasonably denied coverage for an underlying suit brought by workers at a Seattle-area Boeing facility who blame their son's birth defects on chemicals they were exposed to on the job, according to a suit removed to Washington federal court.
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January 24, 2025
Aircraft Leasing Co. Battles Insurer's Bid To Strike Witnesses
Aircraft leasing company Avmax is fighting an attempt by HDI Global to strike witnesses Avmax has in its suit over coverage of airplanes stranded in Russia, arguing that the insurer can't claim prejudice when it has four months before trial to speak to the witnesses.
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January 24, 2025
Trump Energy Order Disrupts High-Profile NEPA Cases
One of President Donald Trump's first energy-related executive orders is unsettling closely watched litigation in the U.S. Supreme Court and D.C. Circuit regarding the executive branch's power to implement the National Environmental Policy Act.
Expert Analysis
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Series
After Chevron: Delegation Of Authority And Tax Regulators
The U.S. Department of the Treasury and the Internal Revenue Service will face higher standards following Loper Bright’s finding that courts should determine whether agency rules meet the best possible interpretation of the tax code, as well as the scope of the authority delegated by Congress, says Edward Froelich at McDermott.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions
Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.
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Shipping Containers As Building Elements Require Diligence
With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.
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How Loper Bright Weakens NEPA Enviro Justice Strategy
The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.
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2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Ch. 11 Ruling Clarifies Cross-Border 'Alternative A' Scope
A New York bankruptcy court’s recent ruling in airline holding company SAS’s Chapter 11 case — addressing the applicability of Alternative A, which is similar to Section 1110 of the U.S. Bankruptcy Code — is a cautionary tale for contracting European Union member states that have adopted Alternative A domestically but have not made a formal declaration, say attorneys at Pillsbury.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.