Transportation

Expert Analysis

• Iran Airspace Bans May Lead To EU Passenger Claims

  

  After the recent killing of Qasem Soleimani and the downing of Ukraine International Airlines Flight 752, the commercial aviation sector must consider how resulting restrictions on air travel may affect passenger compensation claims under European Union rules, says James Jordan of Holman Fenwick.

• Key Trends In Energy Antitrust Enforcement And Litigation

  

  Antitrust agencies and private litigants continued to focus on the energy industry in 2019, and new antitrust policy initiatives announced by the U.S. Department of Justice last year will offer energy companies opportunities to avoid prosecution in certain cases, say attorneys at Vinson & Elkins.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• What's Changed And What's The Same In Final CFIUS Rules

  

  The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

• Energy Cos. Face China State Secrecy Law Risks

  

  Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

• Gov't Contractor Suspension And Debarment: 2019 In Review

  

  Attorneys at Covington look back at last year's policy trends and developments, legislative and rulemaking activity, and notable federal district court rulings related to the exclusion of contractors from doing business with the federal government.

• Autonomous Vehicle Guidance Gives Industry Room To Grow

  

  The White House's recently updated guidance on the deployment of autonomous vehicles outlines broad principles for AV development, but does not identify best practices or create binding requirements, say attorneys at Akin Gump.

• White House NEPA Overhaul Likely To Face Legal Challenges

  

  The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• Policy Push Yields Mixed Results For Biofuels Sector

  

  Policymakers delivered a mixed bag to the biofuels industry at the end of 2019, with both a law retroactively extending the biodiesel and renewable diesel credit, and guidance from the U.S. Environmental Protection Agency that could undercut the biofuels market, say Brandon Kirkham and Joshua Andrews of Faegre Baker Daniels Consulting.

• Defense Contracting Law Developments From 2019

  

  Creation of the U.S. Space Force, initiatives to improve U.S. cybersecurity, and near record-high spending on government contracting were just a few of the most notable developments in U.S. Department of Defense contracting last year, says Joseph Berger of Thompson Hine.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

• The Top FMLA And ADA Decisions Of 2019: Part 2

  

  Linda Dwoskin and Melissa Squire at Dechert conclude their discussion of last year's most significant Family and Medical Leave Act and Americans with Disabilities Act decisions with a review of attendance point systems, safety-related job exclusions and FMLA fraud.

• 50 Years Later, Interpretive Challenges Remain For RICO

  

  In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

• The Top FMLA And ADA Decisions Of 2019: Part 1

  

  In the first of two articles discussing last year’s most significant Family and Medical Leave Act and Americans with Disabilities Act decisions, Linda Dwoskin and Melissa Squire at Dechert review coverage for potential future disabilities, what constitutes sufficient notice of the need for leave, and working from home as a reasonable accommodation.