Analysis

Feds' Bid To Wipe Calif. Clean Car Regs Spells More Upheaval

By Linda Chiem

The Trump administration's assault on California's more than decade-old clean car regulations deliberately upends the U.S. auto industry's transition toward alternative-powered vehicles, spelling even more regulatory uncertainty as the antagonistic political climate and long legal battles persist, experts say.

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Trucking Co. Can't Get Drivers' Misclassification Suit Tossed

By Mike Curley

An Illinois federal judge on Thursday declined to dismiss a suit from drivers alleging Risinger Bros. Transfer Inc. misclassified them as independent contractors, saying the complaint sufficiently alleges they had an employer-employee relationship.

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Kia Defeats 11-Year Suit Over Alleged Sunroof Shatter Defect

By Mike Curley

An Ohio federal judge has thrown out for good a driver's suit alleging the panoramic sunroof on his 2012 Kia was defective and shattered for no reason on the highway, saying he failed to present any evidence of a defect, or how the supposed defect caused the sunroof to shatter.

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NHTSA Heightens Tesla Full Self-Driving Probe

By Emily Field

The National Highway Traffic Safety Administration on Thursday said that it was focusing its investigation into Tesla's advanced driver-assistance system on its ability to spot degrading road conditions after receiving more reports of crashes potentially linked to the technology.

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Judges Scrutinize DOD's Claim Of Hesai's China Military Ties

By Jared Foretek

A D.C. Circuit panel on Thursday raised serious questions about the U.S. Department of Defense's broad interpretation of a law used to designate companies as "contributors" to the Chinese military-industrial base, pressing a government attorney on the basis for finding links between Shanghai LiDAR-maker Hesai and the Chinese military.

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Analysis

Still No Shenanigans: Fed. Circ. Keeps Review Bar High

By Dani Kass

The Federal Circuit's rejection of all mandamus petitions asking it to rein in the way U.S. Patent and Trademark Office leadership is ​evaluating patent challenges cements the appeals court's near-impossible standard for reviewing institution decisions, attorneys say.

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Fed. Circ. Rejects Last Challenge To Squires' Discretion

By Dani Kass

The Federal Circuit on Thursday shot down Volkswagen's mandamus petition claiming that the U.S. Patent and Trademark Office director shouldn't have "unfettered discretion" to deny Patent Trial and Appeal Board challenges, closing the last of 14 related appeals.

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Ex-Uber Exec Takes Data Breach Conviction To High Court

By Lauren Berg

A former Uber security executive has urged the U.S. Supreme Court to review his conviction for attempting to cover up a data breach from government investigators, saying the Ninth Circuit's decision affirming his conviction entrenched a circuit split over what kind of conduct actually rises to criminal liability.

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Tesla Says Drunk Driving, Not Autopilot, Caused Fatal Crash

By Mike Curley

Tesla Inc. is asking a Colorado federal court to throw out a suit alleging that a defect in its driver assistance technology led to a fatal car crash, saying the evidence now shows that the so-called autopilot features were not on, while the driver was well beyond the legal alcohol limit.

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Feds Say Atty Used Stolen Nonprofit Funds To Buy Crypto

By Matthew Santoni

An attorney and former president of the nonprofit preserving Pittsburgh's Duquesne Incline has been indicted, accused of embezzling nearly $1.4 million from the organization, federal prosecutors announced Thursday.

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Brief

US Probes Chinese Truck Bed Covers For Possible Duties

By Jack McLoone

The U.S. Department of Commerce said Thursday it will investigate claims Chinese truck bed covers imported into the U.S. are benefiting from foreign subsidies and being sold at unfair prices.

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Brief

Consumers' Research Objects To Latest FCC Fees

By Nadia Dreid

The conservative group that sued the Federal Communications Commission to have the Universal Service Fund declared unlawful wants the agency to set the percentage that phone companies have to contribute next quarter at zero, arguing that the program is not legal.

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FTC Official Says 'Reverse Acquihires' Come With 'Risk'

By Bryan Koenig

A senior Federal Trade Commission antitrust staffer said Thursday that nothing about "reverse acquihires" should let companies think they can skirt merger scrutiny, arguing in Washington, D.C., remarks that the deals clearly amount to the acquisition of assets covered under U.S. antitrust law.

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Singapore Co. Claims $140M Loss In Panama Treaty Breach

By Joyce Hanson

A Singapore-based investment company said Thursday that it has initiated international arbitration proceedings against Panama in a dispute over the country's purported cancellation of a license it gave the investor to develop a gas-fired power generation project.

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Ford, NJ Town Ink $3.4M Deal To Conclude Landfill Cleanup

By Carla Baranauckas

Ford Motor Co. and a New Jersey town have inked a $3.4 million deal with state and federal environmental regulators to conclude the remediation of a former iron mine that was later used as a landfill, according to filings Thursday in New Jersey federal court.

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FERC Chair Aims To Ease Energy Squeeze From War On Iran

By Keith Goldberg

The U.S.-Israel war on Iran that is roiling global energy markets underscores the need for the Federal Energy Regulatory Commission to approve gas infrastructure projects more quickly so that energy prices can be kept in check, FERC Chair Laura Swett said Thursday.

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Legal And Industry Impacts Of America's Maritime Action Plan

America's Maritime Action Plan, unveiled by the White House last month, introduces changes to trade investigations, a new maritime trust fund and more — adding regulatory and compliance obligations for companies and counsel, but also new avenues for client engagement in project finance, contract negotiation and dispute resolution, say attorneys at Holland & Knight.

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Series

Coaching Soccer Makes Me A Better Lawyer

Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

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HSF Kramer Hires Axinn Antitrust Lawyer In DC

By Jack Rodgers

Herbert Smith Freehills Kramer LLP has hired a former Axinn Veltrop & Harkrider LLP partner, who represented Google in an antitrust investigation into its advertising technology, and who has represented other global companies in competition and related matters.

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Roundup

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

By Laura Stewart Liberty

The past week in London has seen an ex-professional footballer revive a dispute with Charles Russell Speechlys, Virgin Media face a group data protection claim after hundreds of thousands of customers' personal details were exposed online for months, and Mishcon de Reya sued by a real estate private equity firm founded by a former Morgan Stanley executive.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

Major shareholder groups sued the U.S. Securities and Exchange Commission, claiming the agency violated the Administrative Procedure Act. In the meantime, some attorneys think the sanctions that judges are issuing to lawyers over AI-generated errors won't be enough to stop the problem. These are some of the stories in corporate legal news you may have missed in the past week.

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DOJ Rebuked Over Lack Of Candor For 'Imperious Client'

By Jack Karp

A Florida federal judge has rebuked government attorneys for failing to be up-front about legal authority that contradicts their position in a habeas case, warning them not to let their "imperious client" get between them and their ethical obligations.

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Beasley Allen Can't Halt DQ Ruling In J&J Talc Litigation

By George Woolston

A New Jersey state appeals court has refused to pause its decision disqualifying the Beasley Allen Law Firm from representing plaintiffs in multicounty litigation over Johnson & Johnson's talc-based baby powder, according to a court order.

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Where Calif. State Courts Landed On Generative AI Use Rules

By Emily Sawicki

The majority of California's 58 superior courts — together making up the country's largest trial court system — have decided to greenlight the use of generative artificial intelligence in their work this year, a Law360 investigation found.

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Law360's Legal Lions Of The Week

By Kevin Penton

Baron & Budd PC, Walden Macht Haran & Williams LLP and Powers Pyles Sutter & Verville PC lead this week's edition of Law360 Legal Lions, after the Ninth Circuit revived a major hospital chain's False Claims Act suit accusing large pharmaceutical companies of massive overcharges in a prominent drug discount program.

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Top SEC Enforcer Signals Continuity After Ryan Departure

By Sarah Jarvis

The U.S. Securities and Exchange Commission's acting enforcement chief said Friday that the agency will continue to "focus on quality over quantity" when it comes to the cases it brings, projecting continuity with his predecessor's approach after her abrupt departure from the agency earlier this week.

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Roundup

Balancing The Scales: $3M Jury Verdict, GEO Appeal Denial

By Orlando Lorenzo

A Philadelphia federal judge rejected bids to disturb a $3 million jury award and impose sanctions on plaintiff's counsel arising from proceedings he described as "near-daily Festivus celebrations, where everyone got to air their grievances 'for the sake of the record'" and a Detroit man saw his murder conviction vacated after 27 years due to the case's reliance on a coerced confession and a lack of physical evidence, among other access to justice stories you may have missed.

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Bondi Keeps Ousted Wisconsin US Atty With New Title

By Lauren Berg

U.S. Attorney General Pam Bondi swapped Brad D. Schimel's title from interim U.S. attorney to first assistant U.S. attorney for the Eastern District of Wisconsin in order to keep him in charge of the office after his tenure expired earlier this week.

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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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