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California
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December 13, 2024
ByteDance Ex-Coder Perjured Himself In Suit, Judge Finds
A California federal judge imposed terminating sanctions against a former engineer at TikTok's parent company, finding he committed perjury in a suit alleging he was wrongly fired and ordered the dispute to arbitration.
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December 13, 2024
Calif.'s 1st-Ever Willful Heat Penalty Issued To Landscaper
The California Division of Occupational Safety and Health has levied its first-ever willful heat violation penalty against a landscaping and maintenance business for failing to provide workers with access to water when the temperature exceeded 95 degrees Fahrenheit, two years after it cited the company for similar heat-related safety violations.
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December 13, 2024
Calif. Justices Won't Undo Judge's Ouster Over Misconduct
The California Supreme Court has decided not to overturn a state judge's removal from the bench for conducting a campaign of retaliation against court employees he suspected of being "moles."
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December 13, 2024
Off The Bench: PE Buys In On NFL, WWE Abuse Suit Back On
In this week's Off The Bench, two teams usher in a new era for the NFL by bringing in private equity investors, a suit accusing the WWE and Vince McMahon of sexual abuse and trafficking picks back up while a federal investigation continues, and a private equity giant and NHL owner passes away.
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December 13, 2024
Greenberg Traurig Gains ArentFox Schiff Labor Pro In Calif.
Greenberg Traurig LLP has expanded its labor and employment practice with a new shareholder in California who came aboard from ArentFox Schiff LLP, fortifying the firm's ability to meet clients' needs in the practice area.
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December 13, 2024
Justices To Decide If Industry Can Test Calif. Auto Waiver
The U.S. Supreme Court on Friday granted fossil fuel industry groups' request to review a decision backing the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, but the justices won't consider the legality of the waiver itself.
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December 13, 2024
'Buy Now, Pay Later' Co. Affirm Inks $4B Deal With PE Firm
Payment network Affirm Holdings Inc., advised by Mayer Brown LLP, on Friday announced that it has entered into a partnership with investment firm Sixth Street under which Sixth Street will plug up to $4 billion into the "buy now, pay later" company.
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December 13, 2024
Workers Hit Cisco With Claims Of Anti-Palestinian Bias
A group of current and former Cisco workers lodged charges with workplace discrimination and labor regulators accusing the company of allowing Palestinian employees to be harassed for criticizing its decision to provide technology to the Israeli military in its war with Hamas.
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December 12, 2024
Align Tech's $27.5M Antitrust Deal Hits Nerve With Judge
A California federal judge said Thursday that a proposed $27.5 million deal for teeth-aligner buyers to resolve antitrust claims alleging Align Technologies Inc. colluded with the now-bankrupt SmileDirectClub to illegally restrict competition might be "inherently improper" due to a coupon component that "would bring additional business to the monopolist."
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December 12, 2024
Boutique LA Firm Sues Rival Trying To Claim Fees In $10B Win
Ross LLP, which helped its clients win $3.7 billion of a $10 billion verdict in a long-running dispute among five brothers over their real estate empire, sued another firm in California court Thursday alleging that it is wrongly trying to grab a portion of Ross' fees in the blockbuster case.
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December 12, 2024
Full 9th Circ. To Rehear Late BNSF Worker's Retaliation Claims
The full Ninth Circuit on Thursday agreed to reconsider retaliation allegations against BNSF Railway Co. brought by the estate of a former BNSF conductor claiming the railroad terminated him, in part, because he conducted a safety test.
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December 12, 2024
Payments Co. Marqeta Faces Investor Suit Over Growth Woes
Card issuing and transaction processing company Marqeta Inc. faces a proposed investor class action alleging it concealed the impact that heightened regulatory scrutiny of its small bank partners would have on the growth of its business.
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December 12, 2024
9th Circ. Ruling Could Tank Gerber Baby Food False Ad Suit
A California federal judge weighing whether to toss a Bay Area mother's proposed class action accusing Gerber of deceptively claiming health benefits on its labeling for pureed baby and toddler food pouch products said Thursday that a recent Ninth Circuit decision in a similar case against Sprout Foods might doom the fraud claims against Gerber.
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December 12, 2024
Keller Postman Sues Jenner & Block In Escalating Tubi Fight
Keller Postman LLC added a new front Wednesday to its heated legal fight with Jenner & Block LLP, filing a California state court lawsuit accusing the BigLaw firm of employing a host of unethical tactics to gain leverage in mass arbitration against the streaming service Tubi.
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December 12, 2024
Coke Zero Sweetener Co. Asks Justices To Hear Patent Feud
The company that developed the artificial sweetener used in Coke Zero wants to keep patents that were filed at the patent office after the drinks went on sale, telling the U.S. Supreme Court that Federal Circuit judges who thought otherwise were prioritizing their "own decisions over Congress's judgment."
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December 12, 2024
Calif. Judge Kills Software Patent Suit Under Alice
A California federal judge on Thursday threw out a patent infringement lawsuit by a bankrupt startup against one of Salesforce's brands, saying the claims in the patents didn't pass muster under the test laid out in the U.S. Supreme Court's Alice decision.
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December 12, 2024
Pharma Co. Says Federal Court Must Weigh Atty Fee Bid
Harpoon Therapeutics Inc., which was acquired earlier this year by Merck Sharp & Dohme LLC, has asked a California federal judge to weigh an attorney fee bid by Monteverde & Associates PC, which sued Harpoon over allegedly incomplete merger disclosures.
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December 12, 2024
Utah State Drops Out Of Suit Over Trans Volleyball Player
Utah State University has dropped its intervening complaint in a lawsuit against the Mountain West Conference that sought to stop a transgender athlete from participating in a now-finished volleyball tournament, days after the collegiate athletic conference asked the Tenth Circuit to toss an appeal in the case as moot.
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December 12, 2024
JPML Won't Send Infant Formula Suit Back To State Court
The Judicial Panel on Multidistrict Litigation has declined to remand a suit to California state court in an MDL over allegations that the Similac and Enfamil formulas for preterm babies have a higher propensity to cause necrotizing enterocolitis, rejecting the argument by plaintiffs that jurisdiction is lacking.
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December 12, 2024
Garth Brooks Can't Yet Move Rape Claims Out Of California
A California federal judge has denied, for now, Garth Brooks' bid to toss his former hair and makeup artist's Los Angeles rape suit in favor of dealing with the allegations in the Mississippi court where the country music star is leveling related extortion claims.
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December 12, 2024
AGs Launch Gun Violence Crackdown With Glock Suits
New Jersey and Minnesota unveiled lawsuits Thursday against Glock Inc. aimed at ending "once and for all" the homemade machine gun industry, marking the start of a crackdown by a coalition of enforcers looking to hold the firearms industry liable for gun violence.
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December 12, 2024
Luchador Law's Bid For Round 1 TM Win May Be Doomed
A California federal judge appeared ready Thursday to body-slam personal injury firm Luchador Law's bid to quickly toss a trademark lawsuit by a rival firm that owns the trademark for 1-800-LUCHADOR, saying he thinks the word's meaning is in dispute and issuing a tentative ruling denying the motion.
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December 12, 2024
Cooley Wins Bid To Arbitrate Fla. Malpractice Suit
A Florida state judge has granted Cooley LLP's bid to send to arbitration claims by Genetics Networks LLC that the firm failed to file documents needed to secure a lien while preparing $1.2 million in loan papers, ruling that an arbitration agreement covers the issues raised in the company's malpractice suit.
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December 12, 2024
Senate Judiciary Committee Sends Last Nominees To Floor
The Senate Judiciary Committee sent the names of two judicial nominees for California to the full Senate for confirmation on Thursday along party-line votes.
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December 12, 2024
Former CFO Admits To Stealing $1.3M From SF Law Firms
A former chief financial officer of two San Francisco law firms admitted to stealing more than $1.3 million from his former employers via several fraudulent schemes, including redirecting firm payments to a nonprofit organization he set up privately.
Expert Analysis
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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.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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The Bank Preemption Ripple Effects After Cantero, Flagstar
The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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Banking Compliance Takeaways From Joint Agency Statement
Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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Assessing The Practicality Of Harris' Affordable Housing Plan
Vice President Kamala Harris' proposed "Build the American Dream" plan to tackle housing affordability issues takes solid recommendations into account and may fare better than California's unsuccessful attempt at a similar program, but the scope of the problem is beyond what a three-point plan can solve, says Brooke Miller at Sheppard Mullin.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.