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Transportation
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May 02, 2025
Trade War Spurs Companies To Freshen Disclosure Playbooks
Against the backdrop of a protracted trade war that has rattled investors, companies are honing their securities filings and public communications strategies, posing fresh challenges for corporations and their lawyers, who are otherwise accustomed to navigating global disruptions.
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May 02, 2025
3 Argument Sessions Benefits Attys Should Watch In May
The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.
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May 02, 2025
Auto Services Co. Top Brass Sued Over Biz Integration Issues
The top brass of Driven Brands Holdings Inc., the largest automotive services company in North America, has been hit with a shareholder derivative suit for allegedly failing to disclose integration issues the company faced after acquiring small business segments, which caused Driven's stock price to drop when the truth was revealed.
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May 02, 2025
TSA Owes $170.6M In Patent Suit From Fla. Biz
The Court of Federal Claims has found that the Transportation Security Administration owes more than $170 million for infringing a Florida company's patent on a method for speeding up security screenings.
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May 01, 2025
Ex-Amtrak Director Steered IT Contracts For Bribes, Feds Say
Pennsylvania federal prosecutors announced Thursday that the former director of network planning and engineering for Amtrak is charged with taking bribes worth tens of thousands of dollars in exchange for steering millions of dollars in Amtrak contract work to various vendors.
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May 01, 2025
Argentina Must Pay $147M In Webuild Feud
An international tribunal has ordered Argentina to pay Italian construction giant Webuild $147 million after the country nixed a contract to construct and operate a bridge and toll road connecting two northeastern provinces, having already unanimously concluded in 2023 that Buenos Aires was liable in the dispute.
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May 01, 2025
VW, Audi Say Recall Fixes Nullify EV Fire-Risk Lawsuit
Drivers who claimed Audi of America LLC and Volkswagen Group of America Inc. sold them electric vehicles with defective batteries that could short circuit and catch fire while driving have never actually suffered this alleged issue, the automakers said in their bid seeking to dismiss the proposed class action.
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May 01, 2025
States, Green Groups Look To Vacate NEPA Ruling
States that had asked the Eighth Circuit to revive vacated National Environmental Policy Act regulations are now abandoning their appeal because the White House has eliminated the standards — but they're still asking that a lower court's decision striking down the regulations be overturned.
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May 01, 2025
6th Circ. Judge Unsure If Totaled Car Payout Class Will Stand
A federal appellate panel grappled Thursday with whether to uphold class certification in a lawsuit claiming that State Farm systematically undervalues totaled vehicles, with one judge wondering if every class automobile would require its own damages trial.
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May 01, 2025
High Court Urged To Skip $272M Hertz 'Solvent Debtor' Appeal
Wells Fargo has urged the U.S. Supreme Court to reject Hertz's appeal of a Third Circuit ruling that the car rental giant owes $272 million in make-whole payments and interest to noteholders following a Chapter 11 case it launched in 2020.
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May 01, 2025
Uber Needed To Collect Tax Pre-Wayfair, Ga. Panel Affirms
Uber was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, a Georgia appellate panel held Thursday, ruling against the ride-hailing company and upholding a trial court decision.
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May 01, 2025
Truckers Win $10M In Row Over Pay For Freight Transport
A Michigan federal judge on Wednesday awarded $10.4 million to a class of truckers who sued RSP Express Inc. alleging the company and its owners skimmed off the top of their contracts, shorting drivers for freight they transported.
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May 01, 2025
Norfolk Southern's Promotion Process Is Biased, Workers Say
Norfolk Southern Corp. has been sued in Georgia federal court by two longtime billing clerks who allege the company's promotion process is riddled with race and age bias and that its customer service division systematically pressures workers not to take medical leave.
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May 01, 2025
Colo. Fees Don't Violate TABOR, Appeals Panel Says
The enterprise fees in Colorado's state transportation package passed in 2021 do not violate the state's Taxpayer Bill of Rights, a state appeals court said Thursday, upholding a district court ruling and rejecting a challenge from a conservative group.
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May 01, 2025
Texas Trucking Co. Hits Ch. 11 With Over $25M In Debt
Balkan Express, a transportation company based in Fort Worth, Texas, has launched a bankruptcy case with debt exceeding $25 million.
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May 01, 2025
Masonry Exec Cops To $52M Amtrak Program Bribery Scheme
The owner of an Illinois-based masonry business awarded a federal contract to renovate Philadelphia's historic 30th Street Station admitted Wednesday to bribery charges in a case alleging he had his executives shower gifts on an Amtrak employee who then approved additional work that added $52 million to the project's cost.
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May 01, 2025
Trucker Chases Down Mich. Appeals Court Win In Injury Suit
A trucker who was hit in his sleeper cab and then ran after the semi-truck that he believed caused the incident, jumping on its running board till he was thrown, may be entitled to insurance benefits, Michigan appellate judges said, reversing most of a lower court's judgment.
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May 01, 2025
Zipcar, Garage Not Liable For Injuries To Driver Returning Car
Massachusetts-based car sharing company Zipcar and the owner of a public parking garage are not liable for injuries suffered by a college student who was struck by a drunken driver while dropping off a car back in 2017, an intermediate appellate court concluded Thursday.
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May 01, 2025
401(k) Forfeiture Suit Not Backed By ERISA, Judge Says
An Arizona federal judge nixed a proposed class action from workers who claimed a trucking company illegally used abandoned cash in its retirement fund to pay down its own contributions rather than covering plan fees, saying the workers' "novel theory" wasn't in line with federal benefits law.
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May 01, 2025
Gol Linhas, Noteholders Ink $125M Ch. 11 Exit Finance Deal
Brazilian budget airline Gol Linhas announced Thursday it struck a deal in which a group of its noteholders agreed to reverse its opposition to the company's restructuring proposal and supply an additional $125 million in financing when the debtor exits Chapter 11.
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May 01, 2025
Feds Sue To Block State Climate Suits, Superfund Laws
The federal government sued to block two states' climate change Superfund laws and stop two other states from launching threatened lawsuits against fossil fuel companies, saying the states' actions jeopardize national energy security.
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May 01, 2025
House Votes To Axe Another EPA Emissions Waiver For Calif.
The U.S. House of Representatives on Thursday passed the third of three Congressional Review Act resolutions that would undo Clean Air Act waivers that the U.S. Environmental Protection Agency issued for California's vehicle emissions programs.
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May 01, 2025
Sony Eyes $49B Semiconductor Unit Sale, Plus More Rumors
Sony could sell its semiconductor unit for $49 billion, while proxy advisory firm Glass Lewis is considering ending its practice of advising shareholder votes on politically charged topics, and AI startup Nscale plans to raise $2.7 billion in private capital to support the construction of data centers around the world.
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April 30, 2025
House Votes To Nix Two Calif. Air Emissions Waivers
The U.S. House of Representatives on Wednesday passed two Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, leaving the fate of the measures up to the Senate.
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April 30, 2025
Space Org. Avoids Charges After Helping In China Export Case
The U.S. Department of Justice announced Wednesday it won't prosecute a NASA contractor research firm whose former employee was sentenced to prison for smuggling aeronautics software to a sanctioned Chinese university, lauding the organization's "exceptional and proactive cooperation" and timely and voluntary self-disclosures of the ex-employee's conduct.Â
Expert Analysis
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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5 Employer Defenses To Military Status Discrimination Claims
A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Reviewing 2024's State Consumer Privacy Law Enforcement
While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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Inside The Appeals Board's 2024 Report To Congress
An in-depth examination of the Armed Services Board of Contract Appeals’ annual report reveals ​a continuing decline in new cases, motions and hearings, a trend that may correspond with ​t​he increased use of alternative dispute resolution, and expedited or accelerated proceedings, say attorneys at Miller & Chevalier.