Transportation

Expert Analysis

• Can Text Messages Or An Airbag Cause A Suicide?

  

  An infamous 2017 criminal case in Massachusetts and a recent civil case in South Carolina both hinged on whether other parties can be responsible for someone's suicide. Both cases suggest a trend toward applying traditional tort principles, and consideration of special factors suggesting the foreseeability of suicide, say Christopher Collier and Michael Arndt of Hawkins Parnell.

• Coast Guard Cybersecurity Guidance Puts Shippers On Notice

  

  Recent cyberattacks have spurred the U.S. Coast Guard to publish a marine safety information bulletin and a marine safety alert addressing vulnerabilities of shipboard computer systems, potentially triggering significant legal obligations for owners and operators, say attorneys at Husch Blackwell.

• House And Senate Pipeline Bills: Ships Passing In The Night

  

  The Pipeline Safety Act is up for reauthorization this year, and both the Democratic House and Republican Senate have produced draft legislation. But it is unlikely that Congress will meet the reauthorization deadline of Sept. 30, because the bills have almost no common ground, say attorneys at Troutman Sanders.

• What 2 Recent OFAC Cases Say About Compliance Priorities

  

  Findings of violation issued by the Office of Foreign Assets Control earlier this month to U.S. companies DNI Express Shipping and Southern Cross Aviation are illustrative of the continued focus, by OFAC and other agencies, on completeness and accuracy in both responsive and voluntary disclosures, say attorneys at Akin Gump.

• Aviation Watch: What's Behind General Aviation Safety Issues

  

  The contemporary general aviation safety picture is much improved, thanks to better planes, better safety equipment and a better safety culture. But recent accidents in corporate and skydiving flight operations point to a need for further action by Congress, regulators and the aviation community, says Alan Hoffman, a retired attorney and private pilot.

• Crisis Messaging To Protect Law Firm Brand And Bottom Line

  

  When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

• State Net

  Calif. Emissions Agreement A Model For State-Industry Deals

  

  Bypassing the Trump administration, California recently reached a deal with four automakers to improve fuel efficiency and reduce carbon emissions. The agreement could set a precedent for how state governments and industry can work together to address major issues, says Lou Cannon of State Net Capitol Journal.

• What Cos. Should Consider To Prep For Nev. Data Privacy Law

  

  Website operators that collect and sell Nevada residents' personal information should lay the groundwork for compliance with Nevada Senate Bill 220, effective on Oct. 1, which will be the first U.S. law to grant consumers the right to opt out of the sale of their data, say attorneys at Morgan Lewis.

• TM Case At The Intersection Of Antitrust And Design Law

  

  The recent Texas federal court case Tricon Precast v. Easi-Set involves a potential use of antitrust law that is highly unusual and may be unprecedented: arguing, via the statutory defense against claims of trademark infringement, that use of an industrial design trade dress violates U.S. antitrust laws, says Rick Sanders of Aaron Sanders. 

• Perspectives

  What You Should Know About Courtroom Closures

  

  At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

• FERC Rate Reforms Mean More Data Collection For Cos.

  

  The Federal Energy Regulatory Commission's revised regulations for selling energy services at market-based rates likely will streamline rate applications and related compliance filings, but they could create a significant initial burden for some companies, say Adam Wenner and Cory Lankford of Orrick.

• Series

  Why I Became A Lawyer: A Seaweed Scientist's Odyssey

  

  In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

• Parking Enforcement Case May Reverberate Beyond 6th Circ.

  

  Saginaw, Michigan, has long used tire chalking to determine whether parked cars should be ticketed, but the Sixth Circuit recently ruled that the city had not established that the practice was reasonable without a warrant. Local governments and associated agencies should be concerned about the fallout if this decision stands, say attorneys at BB&K.

• How To Counter Jury Reliance On Plaintiff's Damages Ask

  

  Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

• NY Tax Minutes: Trump Tax Returns, New Corporate Tax Regs

  

  In their roundup of New York's recent tax law highlights, Timothy Noonan and Craig Reilly of Hodgson Russ discuss the ongoing battle over President Donald Trump’s state tax returns and New York's recently updated corporation franchise tax apportionment regulations.