Transportation

  • October 15, 2021

    DOJ Lands 1st Indictment Of Many Expected In 737 Max Probe

    The criminal indictment of The Boeing Co.'s former chief technical pilot for allegedly duping federal safety regulators during their review of the 737 Max is the first of what's likely to be many, as the U.S. Department of Justice vows to vigorously prosecute individuals undermining public safety.

  • October 15, 2021

    NPE Patent Cases Increase By 11% In 2021

    Patent litigation by nonpracticing entities continues to climb this year, with a new report estimating that these suits are up almost 11% compared with the same period last year, driven in part by disputes over automotive and mobile device patents.

  • October 15, 2021

    Biden Officials Say Tracking Is Key To Enviro Justice Efforts

    The Biden administration is working on ways to keep track of its progress on environmental justice objectives, including through a scorecard for the various arms of the federal government, senior officials said Friday.

  • October 15, 2021

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

    This past week in London has seen another Italian region in a lawsuit over derivatives contracts, the U.K.'s high-speed railway project facing a fresh legal challenge, and a British chain of discount retail stores suing Shoosmiths. Here, Law360 looks at those and other new claims in the U.K.

  • October 15, 2021

    Texas Justices Reverse Course To Hear Bullet Train Fight

    The Texas Supreme Court on Friday reversed its previous denial of review and decided to take up claims that the private developers of a high-speed passenger train from Dallas to Houston can't use eminent domain to survey and take land for the project.

  • October 15, 2021

    Credit Union CEO Wants Bail Amid Corrupt-Payout Appeal

    Former Melrose Credit Union CEO Alan Kaufman, set to begin a nearly four-year prison term next month, has told a New York federal judge that he should remain free on bail while he appeals his conviction for accepting unlawful gratuities from CBS Radio and a former taxi mogul.

  • October 15, 2021

    High Court Won't Pause Ruling Axing Spire Pipeline Permit

    The U.S. Supreme Court on Friday denied gas pipeline operator Spire's request for the high court to pause a D.C. Circuit order vacating a key permit for the now-completed $286 million, 65-mile pipeline that serves the St. Louis area.

  • October 15, 2021

    Alston Real Estate Leader Sees More Fundraising Competition

    While Blackstone has dominated the real estate fundraising space for years, a new wave of entrants seeking returns in commercial real estate is likely to chip into some of its market share, one of Alston & Bird LLP's real estate leaders told Law360 in a recent interview.

  • October 15, 2021

    FERC Commissioner Splits Ramp Up Confirmation Pressure

    Tuesday's Senate confirmation hearing on President Joe Biden's choice to fill the last vacant spot at the Federal Energy Regulatory Commission has taken on new stakes after stalemates among FERC's four current commissioners allowed two controversial power market changes to take effect.

  • October 14, 2021

    Ex-Boeing Chief Technical Pilot Indicted Over 737 Max Probe

    A Texas federal grand jury on Thursday indicted a former chief technical pilot for Boeing Co. on fraud charges, alleging he misled a Federal Aviation Administration evaluation of the 737 Max and withheld crucial information about the plane's flight controls.

  • October 14, 2021

    Biden Officials Say Environmental Justice Is Top Priority

    Environmental justice will be a centerpiece of the Biden administration's environmental enforcement priorities, top officials from the U.S. Department of Justice, U.S. Environmental Protection Agency and U.S. Department of Transportation said during a virtual conference on Thursday.

  • October 14, 2021

    Biden's 24/7 Plan To Unsnarl Supply Chain Not A Panacea

    The collective pledge by ports, railways and many private companies in the United States to operate 24/7 may remedy supply chain bottlenecks through the holidays, but experts warn that the agreement between the White House, labor unions and business isn't a panacea for worker shortages and logistical hurdles.

  • October 14, 2021

    FCC Tells DC Circ. To Toss 5.9 GHz Challenge

    The Federal Communications Commission is asking the D.C. Circuit to back its order to repurpose a 5.9 gigahertz spectrum band for internet use and unlicensed use, saying the challenge to the order contained "unsubstantiated claims" about how the spectrum should be used.

  • October 14, 2021

    Otis Elevator Must Face Suit In NY Over Woman's Injury

    A New York appeals court has revived claims that Otis Elevator Co. is responsible for a faulty elevator that allegedly injured a woman when it suddenly accelerated and then abruptly stopped, finding that the woman's expert report creates a triable issue of fact.

  • October 14, 2021

    Rosen Law To Lead Didi Investor Suit Over China Crackdown

    The Rosen Law Firm PA beat out nine other firms in a bid to represent a putative class of investors in the Chinese ride-hailing giant Didi Global Inc. who sued the company after a crackdown by its home nation's government over alleged data security violations that led its stock to slip below its initial public offering price.

  • October 14, 2021

    Texas Judge Wants Unions' Input On United Vaccine Mandate

    A Texas federal judge lamented Thursday the lack of union involvement in a dispute between United Airlines and a proposed class of employees challenging the airline's accommodations for workers exempted from its vaccine mandate for religious or medical reasons.

  • October 14, 2021

    Fla. High Court Passes On Discovery Disparity Question

    The Florida Supreme Court on Thursday affirmed denials of two personal injury defendants' bids to block disclosure about their attorneys' or insurers' financial relationships with medical expert witnesses, but the justices declined to address the lower courts' questions of whether a 2017 ruling has unfairly resulted in defendants being treated differently than plaintiffs.

  • October 14, 2021

    Chicago Limousine Co.'s Virus Coverage Suit Hits Roadblock

    The presence of COVID-19-positive individuals didn't physically alter a Chicago limousine company's premises, a federal judge ruled Thursday, tossing the suit against Cincinnati Insurance and an insurance agent and holding that there wasn't any physical loss or damage to trigger coverage.

  • October 14, 2021

    Union Organizing Is Down In Georgia, But Not Out

    Like much of the American South, Georgia is hardly booming when it comes to organized labor, with under 5% of workers in the state belonging to a public or private sector union. But that's not stopping unions from doing all they can to support their members' or organizers' efforts to boost unionization in the Peach State, experts say.

  • October 13, 2021

    Calif. Jury Hits NJ Waterworks Co. With $8M FCA Verdict

    A California federal jury has hit a New Jersey-based waterworks and fire protection company with an $8 million verdict in a whistleblower's False Claims Act suit alleging the company evaded a triple-digit tariff on Chinese-made pipe fittings.

  • October 13, 2021

    Uber Has Itself To Blame For $91M Arbitration Bill, Judge Says

    A New York state judge ruled Wednesday that a deluge of arbitration claims against Uber — and the $91 million in "outrageous" fees the ride-sharing giant says it now faces — is a nightmare of the company's own making and that he would not grant an injunction to halt a multimillion-dollar payment.

  • October 13, 2021

    Texas Court Axes Jury's $1.3M Award In Highway Project Row

    A Texas appellate court Wednesday wiped out a nearly $1.3 million jury award for a subcontractor on a highway project, finding a lack of evidence it had an oral agreement to be paid more than its written contract.

  • October 13, 2021

    Pipeline Cos. To Pay $8.7M To End Ill. Oil Spill Suit

    The owner and operator of an oil pipeline in northeast Illinois agreed Wednesday to pay $8.7 million to end a suit seeking to hold them financially liable for damage to the environment after thousands of gallons of crude oil spilled out of the line more than a decade ago.

  • October 13, 2021

    Trade Court Orders Commerce To Explain China Tire Levies

    The U.S. Court of International Trade ordered the U.S. Department of Commerce to explain why information withheld by China about its credit program for international buyers was necessary for calculating countervailing duties on imports of Chinese tires.

  • October 13, 2021

    Driver's Family Gets $7.6M In Tractor-Trailer Death Suit

    A Los Angeles jury has awarded $7.6 million to the family of a driver who died after a collision between his truck and a tractor-trailer, after a one week trial on damages.

Expert Analysis

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • 9th Circ. Chromium Ruling May Expand Water System Liability

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    The Ninth Circuit's recent opinion in California River Watch v. City of Vacaville, affirming a city's liability for trace amounts of chromium in drinking water, could increase risk for water providers that transport water found to contain molecules of solid waste — even if that water meets applicable regulatory limits, says David Fotouhi at Gibson Dunn.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

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    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Shippers Face Risk Even From Voluntary GHG Reductions

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    As the global shipping industry prepares for mandates to cut maritime greenhouse gas emissions, some shippers are touting voluntary GHG reductions that exceed international requirements — but these efforts are not without potential legal and compliance risks, say attorneys at Winston & Strawn.

  • Opinion

    Time To Restore Arbitration's Promise Of Efficiency For All

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    As companies like Amazon.com turn away from mandatory arbitration clauses, it may seem that the popularity of this litigation alternative is waning, but there are effective ways for parties to fine-tune their arbitration agreements to ensure the process remains quick and inexpensive, says Janice Sperow at Sperow ADR.

  • Opinion

    PTAB Revision Bill Offers US Makers Much-Needed Protection

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    A bipartisan Senate bill that would restore reliable access to patent validity review at the Patent Trial and Appeal Board, ensuring that rewards flow to innovators and protecting American manufacturers against the depredations of hedge funds, deserves Congress' support, says former USPTO acting director Joseph Matal, now at Haynes and Boone.

  • Protecting Attorney-Client Privilege In Human Rights Audits

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    As investors and customers increasingly demand corporate plans to address human rights concerns, multinational companies conducting audits and other due diligence should consider four practical steps to maximize the protections of attorney-client privilege while still fostering effective engagement with stakeholders, say Katherine Pappas and Virginia Newman at Miller & Chevalier.

  • Manufacturers Face Evolving COVID-19 Legal Challenges

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    Product manufacturers must adopt new strategies to defend against pandemic-related legal challenges, including discovery delays in health care litigation, novel consumer protection claims, aggressive government enforcement actions and supply chain disputes, says Stephanie Laws at Maslon.

  • When Antitrust's Consumer Welfare Standard And ESG Collide

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    The recent debate over antitrust law’s so-called consumer welfare standard means that — depending on how the principle is defined — company collaborations can be viewed as either pro- or anti-competitive, which is relevant for evaluating environmental, social and corporate governance agreements as climate issues take center stage in American and European policy, says Joshua Sherman at Charles River Associates.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

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