Transportation

Expert Analysis

• How Emotionally Intelligent AI Could Assist With E-Discovery

  

  While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

• State Net

  States May Slow Spread Of Vehicle Subscription Services

  

  Motor vehicle subscription services — similar to auto leases, except with no long-term commitment, the ability to change vehicles periodically, and insurance and maintenance bundled in — have been embraced by some automakers, insurers and consumers, but face potential roadblocks from state lawmakers and regulators, says Korey Clark of State Net Capitol Journal.

• Preventable Risks Your Law Firm May Be Overlooking

  

  Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

• Opinion

  Automated Vehicle Users Should Not Be Forced To Arbitrate

  

  Self-driving vehicles could bring greater safety, sustainability and accessibility, but a majority of Americans still distrust the technology — and if automated vehicle companies force passengers to consent to arbitration to resolve disputes, they will further slow public embrace of AVs, say researchers Austin Brown and Gordon Anderson.

• 6 Ethics Tips For Attorneys Making Lateral Transfers

  

  With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

• High Court's Knick Ruling May Hinder Calif. Public Agencies

  

  The U.S. Supreme Court's decision in Knick v. Scott allowing plaintiffs to file takings and inverse condemnation lawsuits in federal court may mean that California landowners no longer need to exhaust judicial remedies first, possibly discouraging public agencies from undertaking legal actions, says Gene Tanaka of Best Best.

• Options For Calif. Franchisors After New Contractor Standards

  

  Recent judicial and legislative developments in California that make it harder to classify workers as independent contractors have left franchisors with lots of questions, but some safeguards may lessen the risk of liability when franchisees fail to comply with labor laws, say Jonathan Solish and Glenn Plattner at Bryan Cave.

• State Net

  Battles Still Rage Over Calif. Data, Worker Classification Laws

  

  California is set to be reshaped soon by two pieces of legislation — one on data privacy, and one on worker classification — but numerous attempts by lawmakers to amend both laws, and the possibility of ballot measures that may further alter them, are clouding the picture, says Rich Ehisen of State Net Capitol Journal.

• 6th Circ. Ruling May Weaken Key Benefit Of Int'l Arbitration

  

  In one of the most anticipated international arbitration decisions in years, Abdul Latif Jameel Transportation v. FedEx, the Sixth Circuit departed from its sister courts and — to the chagrin of longtime practitioners — ruled that U.S. parties may be ordered to produce evidence in foreign international arbitrations, say Richard Deutsch and Sarah Holub of McGuireWoods.

• EPA Misses The Irony In Its Calif. Emissions Waiver Rollback

  

  U.S. Environmental Protection Agency Administrator Andrew Wheeler criticized California's poor air quality when he withdrew the state's waiver to regulate vehicle emissions more stringently than the EPA. But California's air pollution problem was precisely the reason Congress provided for such waivers in the first place, says Seth Jaffe of Foley Hoag.

• What To Look For In White Collar Cases This High Court Term

  

  Several upcoming U.S. Supreme Court decisions — involving such varied issues as criminal procedure, statutory interpretation and public corruption — may see traditional liberal-conservative fault lines fall by the wayside and may have a notable impact on white collar criminal defense practice, say Harry Sandick and Jacob Newman of Patterson Belknap.

• Consider The Power Of Tactical Empathy

  

  By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

• The Problem — And Opportunity — Of Implicit Bias In The Bar

  

  Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

• Opinion

  California's Dynamex Law Will Erode Entrepreneurship

  

  From a small-business perspective, California's worker misclassification law codifying the state supreme court's Dynamex decision is an invasive move that threatens entrepreneurship, particularly for the trucking industry, says Greg Feary of Scopelitis Garvin.

• The Latest Carbon Market Developments: Part 2

  

  The Democratic primary debates and a proliferation of bills in Congress make it clear that carbon pricing will be a significant issue in the 2020 U.S. elections — and a host of international pilot programs for carbon emissions credit trading suggest even more interest in the subject abroad, say attorneys with Beveridge & Diamond.