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December 08, 2023
Nikola Investors Fight Call For Del. SPAC Fraud Suit Toss
Five attorney teams pressed Friday for dismissal of most of the derivative claims in a Delaware Court of Chancery stockholder lawsuit seeking damages from Nikola Corp., its directors, officers and an adviser in the wake of the hydrogen- and battery-powered truck manufacturer's fraud-tainted, $3.3 billion take-public deal.
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December 08, 2023
Tesla Investor Sues For Docs On Musk 'Glass House' Outlays
A Tesla Inc. stockholder sued in Delaware's Court of Chancery Friday seeking access to a range of company documents that include details on until-recently secret purchases by the company of millions of dollars worth of large, specialized glass panels for founder Elon Musk's "new house."
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December 08, 2023
Auto Supplier's Failed Poaching Suit Not Frivolous
An automotive supply company had legitimate reasons to believe a former employee breached a separation agreement by potentially stealing trade secrets and recruiting other workers to leave for a competitor, a Michigan appellate panel said in finding the company's unsuccessful suit was not frivolous.
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December 08, 2023
Judge Grants SEC Receiver For GPB Capital Amid CEO Case
A New York federal judge has adopted a magistrate judge's recommendation to appoint a receiver for GPB Capital Holdings amid a criminal case against its former CEO, agreeing with the U.S. Securities and Exchange Commission that the executive breached a court order by trying to reassert control over the company.
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December 08, 2023
Northern Trust To Pay $2.5M To Exit AutoZone 401(k) Suit
AutoZone retirement plan participants urged a Tennessee federal judge to approve a $2.5 million deal to end claims that Northern Trust shirked its duties as their 401(k)'s investment adviser, seeking to resolve their allegations against the financial services company while claims against the auto parts retailer proceed.
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December 08, 2023
Conn. Court May Combine 6 Suits Over Fatal Cessna Crash
Six lawsuits targeting the maker of a crashed Cessna jet could be consolidated in Connecticut state court after a judge ordered counsel for all parties to participate in a single case management conference later this month.
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December 08, 2023
Pilots Can't Toss Settlement Releases In Wage Suit
A proposed class of pilots can't invalidate 57 settlement releases in its wage and hour lawsuit against an airline, a California federal judge has ruled, saying that while the airline could have done a better job of communicating with proposed class members, the pilots are sophisticated enough to advocate for themselves.
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December 08, 2023
Ga. School District Skimps On OT, Bus Driver Tells Court
A bus driver alleged a Savannah school district has been neglecting to pay drivers their full overtime wages owed by failing to factor performance bonuses into overtime premium calculations, according to a proposed collective action filed in Georgia federal court.
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December 08, 2023
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen Tesla drive patent proceedings against technology company InterDigital, Genesis band members say That's (not) All in a breach of contract claim against Virgin Records, and betting giant Entain play its hand in a claim over its acquisition of BetCity last year. Here, Law360 looks at these and other new claims in the U.K.
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December 08, 2023
No Shortage Of Action For Energy Deal-Makers In 2023
A fresh wave of oil and gas industry consolidation, stiff macroeconomic headwinds for renewable energy development and the Inflation Reduction Act's growing influence are just some of the highlights of what's been an eventful 2023 for energy sector deal-makers. Here are the transactional trends that stood out to energy attorneys this year, as well as how they expect those trends to carry over into next year.
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December 07, 2023
Union Urges High Court To Nix SC Port's Petition In Work Row
The International Longshoremen's Association has urged the U.S. Supreme Court not to review a Fourth Circuit ruling that let the union pursue a lawsuit against a shippers' group over labor allocation at a new Port of Charleston terminal, saying Thursday that case law backs the appellate court's decision.
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December 07, 2023
Navy Vet, Contractor Escape Rival Co.'s Biz Interference Suit
A retired U.S. Navy captain and his employer have escaped a competitor company's lawsuit accusing them of hurting its business with the Navy after a D.C. federal judge ruled the company failed to show they caused it harm.
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December 07, 2023
Contractor Admits To Selling The Army Chinese Forklifts
A New Jersey businessman confessed to selling the U.S. Army forklifts that were purchased from China, despite the "made in U.S.A." manufacturing requirements the Army placed on the supply deal, the U.S. Department of Justice announced Thursday.
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December 07, 2023
EV Co.'s SPAC Suit Gets Initial OK For $1.9M Settlement
A Colorado federal judge has granted initial approval to a $1.9 million settlement of a shareholder derivative suit on behalf of commercial electric vehicle company Lightning eMotors that alleged its executives and directors made false and misleading claims about the company's future production capacity and potential revenue.
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December 07, 2023
Claims Admin Axed From Pipe Cos.' $3M Cargo Coverage Row
A California federal court permanently tossed a third-party claims administrator from a steel pipe importer and distributor's suit seeking $3 million under a policy that covers cargo lost or damaged in transit from South Korea, leaving only the importer's insurer in the dispute.
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December 07, 2023
Bell Helicopter Says Pending Bill Is Reason To Pause IP Case
Bell Helicopter has asked a Texas federal court to pause a patent suit brought by a Chinese technology company found to have been spying on U.S. companies and the U.S. military, arguing that a potential bill would render the patents-in-suit unenforceable.
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December 07, 2023
'Goalpost' Kept Moving In Uber Bias Suit, 9th Circ. Told
An attorney for a proposed class of drivers alleging Uber's ratings system is racially biased told the Ninth Circuit on Thursday that the lower court kept "moving the goalpost" through multiple amended complaints while requiring evidence not required at the pleading stage.
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December 07, 2023
Judge Says Stay Of Bankrupt Union's Appeal Not Her Call
A California bankruptcy judge told an attorney for a bankrupt union Thursday that while she agreed insolvency law did not prevent the group's Ninth Circuit appeal of a National Labor Relations Board decision from going forward, that call is the Ninth Circuit's to make, not hers.
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December 07, 2023
UAW Jump-Starts Organizing Drive At Tenn. Volkswagen Plant
The United Auto Workers are organizing again at a Volkswagen plant in Chattanooga, Tennessee, the union said Thursday, adding to a list of more than a dozen nonunion automakers where the UAW has campaigns underway.
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December 07, 2023
Family Of Ariz. Judge Fatally Struck By Car Sues Grubhub
The family of a Phoenix-area judge who was killed in a car crash is suing Grubhub, claiming one of its drivers was on the job and looking at his cellphone when he ran a red light and hit the jurist attempting to cross the street.
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December 07, 2023
Glenn Beck Sued Over Canceled 'Cruise Through History' Trip
Conservative talk show host Glenn Beck and his affiliates are fraudulently refusing to ensure refunds to customers who purchased tickets to his pandemic-canceled "Cruise Through History" in 2020 that was organized by the now-defunct travel firm CruiseBuilder, according to a proposed class action removed to Arkansas federal court this week.
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December 07, 2023
Freight Broker Asks Justices To Skip Widow's Negligence Suit
Freight broker GlobalTranz Enterprises has urged the U.S. Supreme Court to preserve the Seventh Circuit's finding that federal law bars a widow from pursuing state-based claims it negligently hired an unsafe motor carrier that caused an accident that led to her husband's death.
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December 07, 2023
NY Tribe, County Reach Deal In Vehicle Use Tax Row
The Saint Regis Mohawk Tribe and local government officials have reached a settlement in the tribe's attempt to bar a New York county from imposing vehicle use taxes against its members.
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December 07, 2023
Panasonic, Mahle Behr Exit Vehicle AC Price-Rigging Suits
Panasonic and Mahle Behr have settled allegations brought by California's attorney general in Michigan federal court that they conspired to inflate the prices for vehicle air-conditioning systems, with the companies not admitting to any wrongdoing.
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December 07, 2023
Insurer Doesn't Owe Trucking Co. For Worker's Injury Suit
A trucking company's insurer doesn't owe it defense or indemnity coverage for an employee's personal injury suit, a Texas federal judge ruled, agreeing with the insurer that several policy exclusions bar coverage for employee suits over accidents at work.
Expert Analysis
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Green Tech And IP From Obama Through Biden: What's Next?
J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.
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Aviation Watch: Pilots Face Mental Health Catch-22
The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.
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EU Rejection Of Booking.com Deal Veers From Past Practice
The European Commission's recent prohibition of Booking's purchase of Etraveli based on ecosystem theories of harm reveals a lower bar for prohibiting nonhorizontal mergers, and may mean increased merger scrutiny for companies with entrenched market positions in digital markets, say lawyers at Linklaters.
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Property Owner Considerations Around Electric Vehicle Bans
In light of a property management company's recent ban on electric vehicles in Canada, it's worth considering how similar bans might fare in Florida and other U.S. states, and the legal ramifications that could potentially arise, say Gerardo Ortega and Gary Kaleita at Lowndes.
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What US-Canada Critical Minerals Collab Means For Cos.
Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.
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Bid Protest Spotlight: Bias, Unequal Discussions, Timeliness
In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Employer Lessons After 2023's Successful Labor Strikes
Following recent historic strikes in the automotive, entertainment and health care industries, employers of all types can learn key insights about how unions may approach negotiations and strikes going forward, and nonunionized workplaces should anticipate a drive for increased union membership, say Lenny Feigel and Mark Neuberger at Foley & Lardner.