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June 10, 2024
Apple IPhone Antitrust MDL Heads To NJ, Where DOJ Is Suing
Apple customers accusing the company of locking in iPhone users through anticompetitive agreements will have their cases consolidated in New Jersey, the U.S. Judicial Panel on Multidistrict Litigation ruled Friday, finding the parties can coordinate with the U.S. Department of Justice's enforcement action there to avoid duplicative discovery and inconsistent rulings.
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June 10, 2024
Bloomberg's Utility Bond Changes Hurt Consumers, Suit Says
Bloomberg LP was hit with a proposed class action by California and Texas electricity customers who claim the company reclassified certain bonds issued by utility companies to elevate their perceived risk and hike interest rates, a move they say benefited institutional investors but imposed increased costs on electricity customers.
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June 10, 2024
Calif. Cannabis Co. Stiiizy Wants Delta-8 Product Suit Tossed
A California cannabis company urged an Illinois federal judge to toss a consumer-led false advertising lawsuit alleging it put higher levels of THC in its vape pens than federally allowed, saying the buyers didn't even purchase the one product that was allegedly tested.
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June 10, 2024
9th Circ. Doubts Suit Challenging US Military Aid To Israel
A Ninth Circuit panel appeared skeptical Monday of reviving a lawsuit challenging the Biden administration's support for Israel's military efforts in Gaza, with two judges saying the injunctive relief requests are "extraordinary" and broad, and a third judge saying reviving the case would essentially have courts running the U.S. military.
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June 10, 2024
Full 9th Circ. Rules AB5 And Its Exemptions Are Lawful
The California Legislature had a plausible reason for creating certain carveouts from a state law governing whether workers are employees or independent contractors, the full Ninth Circuit ruled Monday, departing from a panel's decision that Assembly Bill 5 disfavors companies such as Uber.
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June 11, 2024
UPDATED: Court Says Eastman Disbarment Order Filed In Error
A California federal court has nixed an order disbarring former Donald Trump lawyer John C. Eastman from the venue, saying in a notice filed Tuesday that the document was filed by mistake.
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June 10, 2024
Cooley Adds Comp Partners From Cadwalader, Wilson Sonsini
Cooley LLP announced the addition of two partners from Cadwalader Wickersham & Taft LLP and Wilson Sonsini Goodrich & Rosati PC on Monday, touting their combined five decades of experience in compensation and benefits.
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June 10, 2024
9th Circ. To Hear Args In Psilocybin Right-To-Try Case
A Ninth Circuit panel will hear oral arguments in August in an appeal brought by a Seattle doctor seeking to administer psilocybin to terminal cancer patients under state and federal right-to-try laws.
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June 10, 2024
Snap Slams Connecticut Girl's Renewed Sex Assault Suit
A renewed lawsuit alleging that Snapchat's Bitmoji avatars make it easier for sexual predators and other malicious individuals to groom minors must be dismissed again, Snap Inc. told a Connecticut state court, because the new complaint retreads the same allegations the court already tossed out.
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June 10, 2024
Justices Call For Do-Over In 9th Circ. Bank Preemption Case
The U.S. Supreme Court on Monday tossed a Ninth Circuit decision rejecting federal preemption of a California state interest-on-escrow law for Flagstar Bank, ordering a do-over in the case following the high court's recent ruling on preemption standards in a similar case involving Bank of America.
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June 10, 2024
Another Ex-Sheppard Mullin IP Atty Joins Dickinson Wright
Dickinson Wright PLLC has added another intellectual property attorney from Sheppard Mullin Richter & Hampton LLP to its Silicon Valley office, saying Monday that she arrives with more than 1,000 past U.S. and international patent matters under her belt.
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June 10, 2024
Justices To Hear Meta Investor Suit Over Risk Disclosures
The U.S. Supreme Court on Monday agreed to hear Meta Platforms' petition regarding the Ninth Circuit's decision to partially revive investors' claims over the Cambridge Analytica data abuse scandal, after the tech giant argued the appellate panel adopted "extreme outlier positions."
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June 07, 2024
Public Schools Tossed From Calif. Social Media Injury Case
Four public school districts cannot pursue their claims against Meta Platforms, Snap, Google, YouTube and TikTok that their allegedly addictive social media platforms fueling a mental health crisis among children have had a ripple effect on schools, a California state judge ruled Friday.
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June 07, 2024
NFL's Kraft Testifies 'Too Many' Sunday Ticket Sales Is Bad
A California federal jury considering multi-billion dollar antitrust claims against the NFL brought by Sunday Ticket subscribers saw video deposition testimony Friday from New England Patriots owner Robert Kraft, who said ensuring a high price for the television package is a league priority, and he would not want "too many" U.S. subscribers.
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June 07, 2024
Tetra Tech Says Gov't On 'Fishing Expedition' In FCA Suit
Tetra Tech and a subsidiary accused the federal government and a housing developer of a "fishing expedition" after they sought access to electronic media long after discovery closed in cases accusing the subsidiary of fraud under Navy environmental contracts.
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June 07, 2024
Real Estate Authority: EPA's Brownfield Funding Surge
Catch up on this week's key developments by state from Law360 Real Estate Authority — including a new data series on the U.S. Environmental Protection Agency's brownfield grant program.
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June 07, 2024
Ontrak CEO Had Anxiety Over Souring Cigna Deal, Jury Told
A former Ontrak Inc. consultant testified Friday in the trial of its founder who's accused of trading on insider information about Ontrak's souring relationship with Cigna Healthcare in 2021, telling California federal jurors he frequently expressed anxiety, saying that Ontrak must "save Cigna" and describing the situation as a nightmare.
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June 07, 2024
Uber Targets Most Calif., Texas Claims In Driver Assault MDL
Uber urged a California federal judge Friday to toss the majority of claims from plaintiffs in California and Texas in multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assaults, saying it can't be held responsible for the actions of individual drivers under those state's laws.
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June 07, 2024
Speech Pathologists Say BakerHostetler Bungled Biz Deal
A trio of Los Angeles-based speech pathologists have filed a malpractice suit against their former BakerHostetler counsel in California state court, accusing the firm and an Ohio-based partner of negligence in failing to properly advise them amid a business deal, allegedly resulting in the therapists losing their successful practice and more than $1 million.
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June 07, 2024
Split 9th Circ. Revives LA Schools Vaccine Policy Row
A split Ninth Circuit panel on Friday reversed a California federal court's dismissal of a proposed class action challenging a recently rescinded Los Angeles Unified School District policy requiring employees to get the COVID-19 vaccine to keep their jobs, ruling that the district still has the potential to reinstate it.
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June 07, 2024
Terraform Funder Must Face Class Claims In Illinois
Terraform Labs' financial backer Jump Trading LLC cannot consolidate a pair of proposed class actions accusing it of propping up the failing crypto platform, with a federal judge ruling that purchasers of a massively devalued crypto token can keep their lawsuit against the high-speed trading firm in Illinois.
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June 07, 2024
Swiss Investor Leaves Ring In $3M Suit Over Boxing Match
A California federal judge has dismissed claims by an event organizer against a Switzerland-based investment firm over the financing of a pay-per-view boxing match, deciding it wasn't a party to the approximately $3 million contract dispute, and the organizer misinterpreted its funding role.
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June 07, 2024
David Beckham Settles Suit With Mark Wahlberg's Fitness Biz
Fitness club franchising company F45 Training, promoted by early investor Mark Wahlberg, has settled a breach of contract suit originally filed in California state court in 2022 that centered around a promotional deal involving international soccer icon David Beckham.
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June 07, 2024
High Court's 'Narrow' Jack Daniel's Opinion Having Big Impact
When the U.S. Supreme Court decided a year ago that the maker of a squeaky dog toy that looks like a Jack Daniel’s whiskey bottle had no free speech protections against trademark infringement claims, the justices described their holding as narrow, but lawyers and academics are now suggesting the opinion is having broader implications.
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June 07, 2024
Coinbase, Kraken Profit Off Crypto Scams, Suit Says
Cryptocurrency exchanges Coinbase Inc. and Kraken face a pair of lawsuits filed by a former customer who accused them of using their platforms to attract scammers and victims to make a profit by taking operating fees.
Expert Analysis
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Zero-Point Offender Eligibility May Hinge On Meaning Of 'And'
Some white collar defendants’ eligibility for the new zero-point offender sentencing adjustment comes down to whether the word “and” really means “and” — a question the U.S. Supreme Court is set to resolve in its upcoming Pulsifer v. U.S. decision, which could affect thousands of incarcerated people, say Brandon McCarthy and Nikita Yogeshwarun at Katten.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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Recent Rulings Add Dimension To Justices' Maui Decision
The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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Lessons For D&O Policyholders From Pharma Co. Ruling
A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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Regulatory Trends Offer 4 Lessons For Debt Relief Providers
A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.
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Bracing Cos. For Calif. Privacy Agency's Restored Authority
A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.