Hyundai Loses 9th Circ. Bid To Arbitrate Palisade Liability Suit

By Jonathan Capriel

Hyundai Motor America Inc. can't push into arbitration a proposed class action over allegedly faulty tow wiring that can catch fire, the Ninth Circuit ruled in a split decision, rejecting as "absurd" the automaker's argument that the terms of the vehicles' subscription-based wireless service waived a driver's right to sue over defects in the rest of the SUV.

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House Panels Advance Aviation Safety Bill After DCA Collision

By Linda Chiem

Two House committees advanced legislation Thursday that would mandate aircraft-tracking and collision-avoidance technology in some aircraft, and reinforce Federal Aviation Administration and military training and operational procedures, in response to last year's deadly midair collision between an Army helicopter and an American Airlines regional jet near Washington, D.C.

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Southwest Can't Fly Past Workers' Retirement Plan Suit

By José Luis Martínez

Southwest Airlines Co. retirement plan beneficiaries pleaded sufficient facts to state claims for breach of fiduciary duty and for failure to monitor in alleging that the company and its executives failed to remove an underperforming fund that lagged its benchmark, a Texas federal judge ruled this week.

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BNSF Wins Arbitration For Some Missouri Crash Claims

By Caroline Simson

Passengers suing BNSF Railway over a deadly train derailment in Missouri should arbitrate their claims, a federal judge ordered Thursday, rejecting arguments that an arbitrator lacked the authority to determine the constitutionality of an underlying arbitration clause.

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'I Don't Know': 9th Circ. Presses Verrilli On Boeing Venue Issue

By Rachel Riley

A Ninth Circuit judge rehearing an appeal involving a $72 million trade secret verdict against Boeing on Thursday pressed the company's counsel Donald B. Verrilli Jr. of Munger Tolles & Olson LLP to explain why the aerospace giant never previously argued the case belongs in the Federal Circuit, and Verrilli conceded he didn't know the reason.

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Judge Lends Ear To Audi's Caesar Analogy To End Patent Suit

By Craig Clough

A Michigan federal judge on Thursday dismissed a lawsuit accusing Audi of infringing a patent for location-tracking technology, drawing on its analogy of Julius Caesar crossing the Rubicon to find that the patent describes an abstract idea ineligible for protection under the Alice precedent.

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Antitrust Leaders Say Lobbyists Don't Impact Outcomes

By Matthew Perlman

The leaders of the Federal Trade Commission and U.S. Department of Justice's Antitrust Division said Thursday that companies can lobby the agencies all they want, but enforcers will still make merger and conduct decisions based on the facts and the law.

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FTC Antitrust Head Cites Acquihire 'Tension' With Deal Rule

By Bryan Koenig

The Federal Trade Commission's top antitrust official said Thursday that so-called reverse acquihires appear designed solely to avoid merger reporting requirements, while noting that competition enforcers continue to scrutinize the deals that are newly popular in Silicon Valley, especially in the artificial intelligence space.

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Panel Says Co. Can't Recoup Extra Costs In DOT Contract

By Ganesh Setty

The Civilian Board of Contract Appeals has said a contractor can't recover roughly $800,000 in excavation and backfill costs under a U.S. Department of Transportation retaining wall contract, noting it didn't include such underlying quantities in its bid.

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Enviros To Sue Over Timber Project At Flathead Nat'l Forest

By Joyce Hanson

Two environmental nonprofits have notified the Trump administration they will bring a lawsuit against the government over the recently approved West Reservoir timber project at Flathead National Forest, alleging new road building could harm protected wildlife.

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Insurer's Fake-Adjuster Suit Is Time-Barred, Court Says

By Gianna Ferrarin

An insurer missed its chance to file negligence claims against a man it alleged illegally represented himself as an adjuster to demand nearly $48 million on behalf of a transportation agency for damage from Hurricane Maria, a Puerto Rico federal court ruled Thursday.

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Brief

Exxon Settles Suit Over Cleanup Of Seattle Gas Station Site

By Ben Adlin

Exxon Mobil Corp. has reached a settlement with a Seattle property owner who sought to hold the company liable for cleanup costs at the site of a former gas station, according to a motion approved Thursday by a Washington federal judge.

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Opinion

AVOID Act Creates 3rd-Party Litigation Risks For Transpo Cos.

New York's Avoiding Vexatious Overuse of Impleading to Delay Act, which takes effect next month, will require new risk management strategies from transportation companies as it attempts to drastically change the scope of third-party litigation while failing to address practical realities of civil disputes, says Steven Saal at Lucosky Brookman.

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Assessing Potential Legal Claims From Private Credit Turmoil

Amid the downturn in the private credit markets spurred by multiple high-profile bankruptcies, a New York lawsuit stemming from the collapse of First Brands provides an important case study for investors to help minimize future losses and maximize any potential recovery in the event of a private credit default, say attorneys at Bleichmar Fonti.

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BigLaw Races To Capture Expanding Fund Finance Market

By Kevin Penton

Debt financing work at the fund level has long been dominated on the lender side by attorneys from Cadwalader Wickersham & Taft LLP, Haynes Boone and Mayer Brown LLP, but other firms are increasingly crafting formal practices and poaching fund finance stars from the more established players.

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Law360's Legal Lions Of The Week

By Kevin Penton

The Lanier Law Firm, Kiesel Law LLP, Panish Shea Ravipudi LLP, Wagstaff & Cartmell LLP and Beasley Allen Law Firm lead this week's edition of Law360 Legal Lions, after a California state jury in a bellwether trial found Meta and Google liable for harming the mental health of a woman who says she became addicted to their social media platforms as a child.

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NJ Federal Judge DQs Beasley Allen In J&J Talc MDL

By Emily Sawicki

A New Jersey federal judge has disqualified the Beasley Allen Law Firm from representing hundreds of plaintiffs in sprawling multidistrict litigation over Johnson & Johnson's talc-based baby powder, holding that the firm violated ethics rules by collaborating with former outside counsel for J&J, a ruling the law firm has vowed to appeal.

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Atty Sanctioned For AI Hallucinations In Workers' Comp Row

By Gianna Ferrarin

A New Jersey appellate court on Friday ordered an attorney to pay $1,000 in sanctions for failing to rectify AI-hallucinated case citations pointed out to him in an appeal concerning reimbursement sought by a workers' compensation carrier.

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

By Laura Stewart Liberty

The past week in London has seen Apple hit back at a tech company's wireless charging patent claim, a flurry of businesses bring COVID-19 pandemic insurance claims as a key deadline draws closer and Ipulse Partners LLP file a claim against a luxury yacht company it represented in a trademark dispute. Here, Law360 looks at these and other new claims in the U.K.

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Polsinelli Hires Practice Head From McDermott In NY

By Andrea Keckley

Polsinelli PC said Thursday that it has hired a longtime McDermott Will & Schulte LLP attorney to co-lead its special situations and alternative investment practice, saying the move "further advanc[es] the firm's strategic focus on private credit, distressed investing, and complex restructuring matters."

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Apollo, BlackRock Deny Asking Kirkland To Abandon Optimum

By Tracey Read

Apollo, Ares, BlackRock and other major financial companies have denied Optimum Communications' claims accusing them of "bullying" Kirkland & Ellis LLP into withdrawing as the telecommunications company's transaction counsel to get revenge for a collusion lawsuit filed in New York federal court.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

A federal judge has stopped the Pentagon from dropping AI giant Anthropic from the government's supply chain, and Latham & Watkins ranked first in a survey of in-house legal leaders on which law firms are most helpful in developing business, followed by King & Spalding, Jones Day and Ropes & Gray.

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Firms Targeted By Trump Urge DC Circ. To Uphold EO Rulings

By Alison Knezevich

Four law firms targeted last year by President Donald Trump urged the D.C. Circuit on Friday to affirm lower court rulings that struck down executive orders restricting their ability to practice law, saying the directives blatantly violate the Constitution.

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Brief

Amazon Swaps MoFo In, Perkins Coie Out In Cooker Suit

By Ben Adlin

Amazon.com LLP switched counsel Friday in a customer's product defect suit accusing the retail giant of selling a faulty pressure cooker that allegedly malfunctioned and caused her severe burns, substituting two Morrison Foerster LLP attorneys in place of an outgoing Perkins Coie LLP lawyer.

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Mich. Judge Signals No Stay If Attys Exit Retaliation Suit

By Melanie Dorsey

A Michigan federal judge said Friday she is not inclined to pause a long-running sexual harassment suit again if counsel for an attorney who is suing her ex-mentor and former firm are allowed to withdraw, telling the parties, "We've been here. We've done this," as she heard arguments over a motion to exit the case.

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Judiciary Nixes Amicus Disclosure Reform Over Potential Chill

By Emily Sawicki

The federal judiciary has been asked not to move forward with a plan to add to amicus brief disclosure requirements designed to curb "dark money" groups from bankrolling amicus briefs, after rules committee chairs pulled the recommendation over concerns of a possible chilling effect.

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Ex-Williams & Connolly Clerk Accused Of Posting Client Info

By Hailey Konnath

A former Williams & Connolly LLP clerk has been posting confidential firm information — including client information and work email exchanges — and he's threatening to "keep leaking" the materials, which he called "a fun read," according to a suit filed in District of Columbia Superior Court.

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Mayer Brown's $21M Fee Bid In RI Truck Tolls Suit Rebuffed

By Linda Chiem

A Rhode Island federal judge on Friday rebuffed Mayer Brown LLP's bid for $21 million in attorney fees for representing the commercial trucking industry's lead trade group in long-running litigation over the state's truck tolling program, saying the American Trucking Associations ultimately was not the "prevailing party."

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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FCC Told It Can't Make Foreign Call Centers Speak English

By Nadia Dreid

The National Creditors Bar Association is not pleased with the Federal Communications Commission's plans to pass new rules that would require companies to make sure their foreign call center operators speak "American Standard English," saying the agency has no power over foreign employees.

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