Transportation

Expert Analysis

• NJ Benefits Bill May Deter Business With Contractors

  

  As the Portable Benefits Act for Independent Contractors makes its way through the New Jersey Legislature, businesses will need to determine whether the new costs of working with contractors will be worth continuing to do business in the state, say attorneys at Jackson Lewis.

• State Net

  2020 Will Be A Year Of Decision For States

  

  The coming year will be politically crucial for the states, with most choosing legislatures that in 2021 will redistrict congressional and legislative seats on the basis of the 2020 census, says Lou Cannon of State Net Capitol Journal.

• What UK Ruling On Claims Agencies Could Mean For Airlines

  

  A U.K. Supreme Court ruling in a suit between law firm Bott & Co. and Ryanair over the use of third parties in passenger disputes could embolden claims agencies and increase the administrative burden on airlines in the handling of flight compensation regulation claims, says James Jordan of Holman Fenwick.

• Strategies To Maintain Privilege In Crisis Response Scenarios

  

  In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

• How To Ward Off Nonclient Suits Over Lawyers' Speech

  

  Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

• Product Liability Claims Can Be A Global Threat To Cos.

  

  When allegations of product risks related to health, safety or the environment spread from one jurisdiction to countries around the world, they can lead to both policy responses and mass litigation that can jeopardize companies' business models, says Sylvie Gallage-Alwis of Signature Litigation.

• UK Restructuring Proceedings May Attract More Foreign Cos.

  

  The English High Court recently sanctioned two schemes of arrangement integral to the restructure of U.S.-headquartered Syncreon International Group. This could be the start of a new trend advancing the attractiveness of English restructuring proceedings to foreign corporates, say attorneys at Goodwin.

• State Net

  What State Lawmakers Will Be Focused On In 2020

  

  A number of issues are expected to figure prominently on state legislative agendas in the coming year, including subjects as diverse as election reform, 5G technology, online marketplaces and insurance fraud, says Korey Clark of State Net Capitol Journal.

• The Outlook For Autonomous Vehicles In The UK And US

  

  As both the U.K. and U.S. governments continue to develop regulatory frameworks for autonomous vehicles, manufacturers can take certain steps to avoid litigation and manage risk, say attorneys at FaegreBD.

• What Is A 'Reasonably Useful Form' For Production Of ESI?

  

  While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

• 4 Ways Tribal Nations Can Leverage Opportunity Zones

  

  The ecosystem of both capital and support services rapidly developing around opportunity zone investment provides tribal nations with an unparalleled opportunity to attract new investors by recasting and rebranding private economic development opportunities, says Bo Kemp at FaegreBD.

• Innovative Collaborations Require Antitrust Flexibility

  

  Joint initiatives by companies active in the same industry are much needed to tackle major challenges like sustainability and digital transformation, but such partnerships may require special exemptions from international antitrust authorities, says Tilman Kuhn of White & Case.

• Congress, DOT Paving The Way For Autonomous Vehicles

  

  Congressional committees' emerging consensus on a bill regulating autonomous vehicles, and U.S. Department of Transportation action to facilitate broader AV testing and deployment, suggest growing momentum for federal AV legislation that will provide certainty for the industry, say attorneys at Akin Gump.

• And Now A Word From The Panel: It's Nothing Personal

  

  A recent ruling on personal jurisdiction from the Judicial Panel on Multidistrict Litigation makes clear that parties should not be able to utilize the MDL process as an end-run around well-established due process considerations, says Alan Rothman of Arnold & Porter.

• Patent Decision Highlights Cross-Appeal Considerations

  

  The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.