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California
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September 23, 2024
Starbucks Wins At 9th Circ. In 'S'mores' Lip Gloss IP Theft Suit
The Ninth Circuit on Monday refused to revive lip balm company Balmuccino's claims that Starbucks breached an implied contract and misappropriated trade secrets by stealing its idea for coffee-flavored "S'mores Frappuccino" lip gloss, agreeing with the lower court's order that Balmuccino's claims were filed too late.
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September 23, 2024
Suit Says LAPD Stormed Medical Office Looking For Pot
The Los Angeles Police Department "maliciously" raided an X-ray and imaging clinic in North Hollywood, erroneously thinking it was an illicit marijuana grow site, destroying an MRI machine in the process, according to a lawsuit filed in California federal court.
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September 23, 2024
'Bluey,' 'Paw Patrol' App Maker Sued Over 'Stealth Marketing'
A proposed class of parents is suing Budge Studios Inc., the maker of licensed phone and tablet applications for children's cartoons such as "Bluey" and "Paw Patrol," alleging that the company used predatory "stealth marketing" and "dark patterns" to entice children into getting their parents to pay for monthly subscriptions and in-app purchases.
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September 23, 2024
States, Enviros Urge USPS Vehicle Plan Challenge To Proceed
States and environmentalists have pushed back against the U.S. Postal Service and Oshkosh Defense's efforts to end a lawsuit alleging the USPS' multibillion-dollar delivery vehicle acquisition plan violates environmental law, saying the plan was inadequate and would harm them.
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September 23, 2024
Toyota Accused Of 'Rotten' Forklift Emissions Compliance
Toyota has been misrepresenting the true emissions levels of the engines in its forklifts and construction machinery, leading businesses to believe the engines were far more environmentally friendly than they actually were, according to a proposed class action filed in California federal court.
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September 23, 2024
Calif. Roller Rink Beats Suit Over Skater's Fall
A Los Angeles-area skating rink can't be held liable for a patron's fall, a Califorina appeals court ruled Monday, saying everyone agrees that skating is an inherently risky activity.
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September 23, 2024
Calif. Sues Exxon For Plastic Pollution And Recycling Deception
California's attorney general and a coalition of conservation groups hit Exxon Mobil Corp. with a pair of lawsuits on Monday claiming the petrochemical giant has inundated the state with harmful plastic waste while misleading people about recycling's ability to ever make a dent in the problem.
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September 23, 2024
USC Lies Fueled 'Varsity Blues' Case, Exec Says In $75M Suit
A private equity executive who beat most charges in the "Varsity Blues" college admissions case hit the University of Southern California with a $75 million California state court suit, claiming he was duped into making a donation that ensnared him in the scandal.
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September 23, 2024
Class Gets Cert In Suit Over Dave's Killer Bread Protein Claims
A California federal judge on Friday granted class certification to a group of consumers alleging that Dave's Killer Bread and Flowers Foods violated U.S. Food and Drug Administration labeling regulations by leaving out required protein content information, finding that the consumers had standing.
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September 23, 2024
Jury Finds MGA Owes T.I. $71.4M For Ripping Off IP With Dolls
A California federal jury handed rapper T.I. a victory Monday in the third trial over his claims against MGA Entertainment, awarding his side more than $71.4 million in compensatory and punitive damages for infringing the trade dress and publicity rights of the OMG Girlz pop group he co-owns with seven of MGA's O.M.G. dolls.
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September 23, 2024
Profs, Retired Judges Ask Justices To Uphold Return Of Taxes
Two former bankruptcy judges and a group of law professors threw their support behind the bankruptcy trustee of a Utah transportation company seeking to convince the U.S. Supreme Court that the IRS, like any other creditor, should have to return payments deemed fraudulent under state law.
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September 23, 2024
California Powerhouse: Gibson Dunn
Gibson Dunn & Crutcher LLP's California-based partners have helped clients lock in precedent-setting wins before the U.S. Supreme Court over the past year while guiding big-ticket real estate and life sciences transactions, earning the firm a spot on Law360's annual list of Regional Powerhouses.
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September 23, 2024
Feds To Pay $893K Fee Award To Travel Ban Challengers
A California federal judge has signed off on the Biden administration's agreement to cover $893,000 worth of legal fees that thousands of visa applicants racked up while contesting a Trump-era travel ban that prevented them from immigrating to the U.S.
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September 23, 2024
Labor Attorney Who Leveled MLB Playing Field Dies At 93
Richard M. Moss, an attorney-turned-sports-agent who won free agency for baseball players and made star pitcher Nolan Ryan the first-ever professional athlete to score a $1 million contract for a single season, died over the weekend at age 93.
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September 23, 2024
Skadden Lands King & Spalding Litigation Leader In Palo Alto
The former leader of the trade secrets practice and California consumer class action team at King & Spalding LLP has jumped to Skadden Arps Slate Meagher & Flom LLP's Palo Alto office to continue her work in high-stakes complex civil litigation, the firm announced Monday.
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September 23, 2024
California City Worker Loses Bias Suit Over Racist Nickname
A federal jury sided with a California city in a race bias lawsuit filed by a Black maintenance worker who alleged that a supervisor and colleagues violated federal and state law by repeatedly referring to him by the name of a Mexican comic book character.
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September 23, 2024
Data Co. Ousted Exec Who Reported Harassment, Suit Says
A former sales director for data storage company WekaIO says she suffered sexual harassment and retaliation and was ultimately forced to leave the "male-dominated" company after a sham investigation, according to a lawsuit filed Monday.
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September 23, 2024
Paul Weiss Gains PE, M&A Partner From Ropes & Gray
Paul Weiss Rifkind Wharton & Garrison LLP has added to its mergers and acquisitions and private equity practice groups an attorney who previously worked for Ropes & Gray LLP and Kirkland & Ellis LLP.
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September 23, 2024
Kratom Co. Gets Claims Trimmed In Addiction False Ad Row
A California federal judge has tossed four out of six claims from a proposed class action alleging Ashlynn Marketing Group Inc. hid from buyers the addictive qualities of its kratom products, leaving only fraud and Consumer Legal Remedies Act claims.
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September 23, 2024
FEMA Looks To Escape Atty's Bias And Retaliation Suit
The U.S. government has asked a federal judge to toss a suit alleging two agencies pushed out an Asian American attorney following her complaints that a male colleague harassed her, arguing she failed to state a claim in her "behemoth," 190-page complaint.
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September 23, 2024
Letterman Enjoys Jury Service, But Not Picked For Fraud Trial
David Letterman was excused from a Manhattan federal jury pool Monday ahead of the trial of a businessman accused of defrauding NBA athletes including former Los Angeles Laker Dwight Howard, after a lawyer said his son had interacted with the late-night television legend.
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September 23, 2024
Journalists Say EBay Can't ID Sources In Stalking Case
A Massachusetts couple who were harassed by a group of eBay Inc. employees over their negative blog posts about the company said they shouldn't have to turn over the names of confidential sources purportedly scared off by the ordeal.
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September 20, 2024
Real Estate Recap: Infrastructure Rally, Insurance Reckoning
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.
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September 20, 2024
AGs Push To Can Google Privacy Deal With No Class Payout
Nearly two dozen Republican state attorneys general are urging the Ninth Circuit to scrap a data privacy deal that requires Google to pay $62 million to plaintiffs' counsel and third-party organizations but gives no money to individual class members, arguing that consumers aren't adequately benefiting from the settlement.
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September 20, 2024
Arbitration Unlikely For Nursing Home Poison Death Suit
A California state appeals court has all but affirmed the denial of arbitration in a suit alleging a nursing home caused the poisoning death of a resident who was mistakenly served industrial cleaner left in a pitcher, saying the trial court must first review the validity of the arbitration agreement.
Expert Analysis
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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Opinion
Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit
A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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5 Steps To Navigating State Laws On Healthcare Transactions
As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet
A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.
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Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk
A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.
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Wiretap Use In Cartel Probes Likely To Remain An Exception
Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.
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Opinion
California Has A Duty To Curtail Frivolous CIPA Suits
As plaintiffs increasingly file class actions against companies for their use of website tracking cookies and pixels, the Legislature should consider four options to amend the California Invasion of Privacy Act and restore the balance between consumer privacy and business operational interests, say Steven Stransky and Jennifer Adler at Thompson Hine and Glenn Lammi at the Washington Legal Foundation.
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Playing The Odds: Criminal Charges Related To Sports Betting
In light of recent sports betting scandals involving MLB player Shohei Ohtani and NBA player Jontay Porter, institutions and individuals involved in athletics should be aware of and prepared to address the legal issues, including potential criminal charges, that sports gambling may bring to their door, say attorneys at Steptoe.
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8th Circ. Insurance Ruling Spotlights Related-Claims Defenses
The Eighth Circuit’s recent Dexon v. Travelers ruling — that the insurer must provide a defense despite the policy’s related-acts provision — provides guidance for how policyholders can overcome related-acts defenses, say Geoffrey Fehling and Jae Lynn Huckaba at Hunton.