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September 12, 2024
Google Hit With 'Gemini' TM Suit Over AI Program Name
Google LLC is facing a trademark infringement suit in California federal court by a small business that claims the tech giant made "the calculated decision to bulldoze over" its intellectual property rights by rebranding Google's large language model artificial intelligence program to Gemini.
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September 12, 2024
Pillsbury Hires King & Spalding Atty To Lead Appellate Team
Pillsbury Winthrop Shaw Pittman LLP on Wednesday named a new leader for its U.S. appellate practice, tapping a veteran litigator and former prosecutor who joined the firm's Silicon Valley office from King & Spalding LLP.
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September 12, 2024
Disneyland Performers Can Join Colleagues in Existing Union
Certain Disneyland performers can have the opportunity to vote to join an existing bargaining unit, the National Labor Relations Board ruled, overturning an NLRB judge's decision that they didn't share enough in common with existing members of the union to be part of their unit.
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September 12, 2024
Medline Can't Force Arbitration in Transportation Wage Suit
Medical supply giant Medline can't compel a warehouse employee to arbitrate her wage-and-hour claims, the Ninth Circuit ruled, upholding a lower court's decision that she's exempted under the interstate-commerce exemption of the Federal Arbitration Act because she loads goods that cross state lines.
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September 12, 2024
Feds Eye Nixing Girardi's Ill. Case After Calif. Theft Conviction
The federal government might drop its criminal charges in Illinois against disbarred attorney Tom Girardi following his recent conviction in California on similar charges of stealing millions from clients, a prosecutor indicated Thursday during a status hearing in the Prairie State matter.
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September 12, 2024
Buchanan Ingersoll Looks Inward For New COO
Buchanan Ingersoll & Rooney PC didn't have to look far for its new chief operating officer.
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September 12, 2024
Faegre Drinker Adds White Collar Trio From Greenberg Traurig
Faegre Drinker Biddle & Reath LLP is building out its white collar team with former veteran prosecutors, announcing Wednesday it had added two partners and an associate from Greenberg Traurig LLP who will bolster its San Francisco and Philadelphia offices
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September 12, 2024
No Refund Of Criminal Payments For Subway Franchise Owners, OTA Says
California's Office of Tax Appeals said it is unable to refund criminal restitution payments to a couple who operated 21 Subway franchises in the southern part of the state between 2003 and 2010 and pleaded guilty to tax fraud and evasion for some of those years.
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September 12, 2024
Weinstein Hit With New Charges In NY Ahead Of Retrial
Harvey Weinstein was charged in a new indictment Thursday as Manhattan prosecutors prepare to retry the disgraced Hollywood mogul after his previous sex-crimes conviction was overturned.
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September 11, 2024
Litigation Spending To Rise As Cases Grow More Aggressive
A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.
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September 11, 2024
The Firms That Handle The Most Trade Secrets Work
Gordon Rees remains the most active law firm representing plaintiffs in trade secrets disputes, according to a new report by Lex Machina analyzing a three-year period from 2021 to 2023, while Littler Mendelson continues to lead the pack on the defendants' side during that same timeframe.
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September 11, 2024
Dua Lipa Can't Slip Copyright Claim In 'Levitating' IP Suit
Pop singer Dua Lipa wasn't able to persuade a California federal judge to toss a copyright infringement claim in a suit over her hit song "Levitating" by a producer who alleges some of his samples were used without permission, but did get an accounting claim thrown out.
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September 11, 2024
Sprout Foods Can't Get 9th Circ. Redo In Baby Food Label Suit
A split Ninth Circuit panel declined Tuesday to rethink its decision that federal law doesn't preempt a couple's California state law claim over allegedly misleading nutrition labels on Sprout Foods baby food labels.
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September 11, 2024
Fed. Circ. Lets Roku IP Dispute Move From Texas To Calif.
The Federal Circuit on Wednesday declined to reverse a Texas district court's transfer of a suit accusing Roku of infringing patents on automatic content recognition technology for commercial advertising, holding the Texas court wasn't wrong to find California had a stronger local interest in the dispute.
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September 11, 2024
Cedars-Sinai Workers Seek Class In Retirement Plan Case
A pair of former Cedars-Sinai Medical Center Inc. workers asked a California federal judge to greenlight a 16,000-person class in a lawsuit claiming their retirement plan was burdened with excessive fees and subpar investment options.
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September 11, 2024
Top Calif. Biz Bills Sitting On Gov. Newsom's Desk
Among the hundreds of bills awaiting California Governor Gavin Newsom's signature are a number that would create new guidelines for Golden State employers, healthcare industry players, as well as artificial intelligence labeling, textile recycling and increasing criminal penalties for corporate malfeasance by tens of millions of dollars.
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September 11, 2024
Uber, Postmates Ask Justices To Address AB 5 Classifications
Postmates and Uber urged the U.S. Supreme Court to reverse the Ninth Circuit's decision dismissing their constitutional challenge to California's worker classification law, arguing that A.B. 5 singles them out and strips them of equal protection under the law, according to their petition to the high court.
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September 11, 2024
Studio Behind 'Sound Of Freedom' Worth $1.6B In SPAC Deal
Angel Studios, which released the controversial 2023 film "Sound Of Freedom" about human trafficking, will go public through a merger with a special purpose acquisition company in a deal announced Wednesday that stands to value the combined company at $1.6 billion.
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September 11, 2024
San Diego Utility Hit With Suit Over Wood Waste Runoff
San Diego Gas & Electric is using a wood treatment mixture on its power poles and in its facilities that includes toxic chemicals that poison the environment and pose a danger to humans and animals nearby, according to a suit filed in California federal court Tuesday.
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September 11, 2024
Reality Star Says Cosmetic Co. Can't 'Give Them Lala'
Lala Kent, one of the stars of Bravo's "Vanderpump Rules," has hit a cosmetic company with a suit alleging it violated her intellectual property rights by selling an unauthorized lip product under her "Give Them Lala" brand.
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September 11, 2024
Kirkland Can't Shake Former Associate's Bias Suit
A California federal judge has mostly rejected efforts by Kirkland & Ellis to pare down the discrimination suit of a former intellectual property associate, while also backing a prior order that prevented the firm from subpoenaing her former BigLaw employers for confidential personnel information.
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September 11, 2024
Sanford Heisler Taps Whistleblower Leader As Named Partner
Sanford Heisler Sharp LLP has tapped a co-leader of its whistleblower practice group to be a named partner and co-vice chair of the firm, promoting an attorney whose record includes helping to secure a $3 billion settlement with Wells Fargo over its sales practices.
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September 11, 2024
Sidley, Other Attys Get $850K In Fees For Migrant Family Suit
A California federal judge signed off on $850,000 in legal fees for Sidley Austin LLP's and Public Counsel's work advising plaintiffs in a class action that saw the federal government ordered to provide mental health treatment for migrant families separated at the border.
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September 11, 2024
Calif. Judge Admonished For Silencing Harassment Defendant
A California state judicial ethics watchdog publicly reprimanded a San Mateo County judge on Tuesday over her refusal to hear evidence from a defendant who had failed to show up to a previously scheduled civil restraining order proceeding in the judge's court.
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September 11, 2024
Constangy Brings On More Jackson Lewis Attys In San Diego
Three former Jackson Lewis PC attorneys have come aboard at the San Diego office of labor and employment firm Constangy Brooks Smith & Prophete LLP, joining four onetime Jackson Lewis colleagues who arrived at Constangy this summer.
Expert Analysis
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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11 Patent Cases To Watch At Fed. Circ. And High Court
As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Finding Coverage For Online Retail Privacy Class Actions
Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.
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The State Law Landscape After Justices' Social Media Ruling
Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
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Navigating New Enforcement Scrutiny Of 'AI Washing'
The U.S. Securities and Exchange Commission's recent lawsuit against Joonko Diversity, its first public AI-focused enforcement action against a private company, underscores the importance of applying the same internal legal and compliance rigor to AI-related claims as other market-facing statements, say attorneys at Fried Frank.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Employer Arbitration Lessons From Calif. Consumer Ruling
Although a California state appeals court’s recent arbitration ruling in Mahram v. Kroger involved a consumer transaction, the finding that the arbitration agreement at issue did not apply to a third-party beneficiary could influence how employment arbitration agreements are interpreted, says Sander van der Heide at CDF Labor Law.
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AI Art Ruling Shows Courts' Training Data Cases Approach
A California federal court’s recent ruling in Andersen v. Stability AI, where the judge refused to throw out artists’ copyright infringement claims against four companies that make or distribute software that creates images from text prompts, provides insight into how courts are handling artificial intelligence training data cases, say attorneys at Skadden.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Ways Life Sciences Cos. Can Manage Insider Trading Risk
In light of two high-profile insider trading jury decisions against life sciences executives this year, public companies in the sector should revise their policies to account for regulators' new and more expansive theories of liability, says Amy Walsh at Orrick.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Bayer Antitrust Case Hinged On Evolving Market Definition
Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.