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California
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December 20, 2024
Girardi's Mental Health To Be Evaluated At NC Federal Prison
A California federal judge said Friday she will order Tom Girardi to receive a psychiatric evaluation at a North Carolina federal correctional facility after she recently delayed his wire fraud sentencing to determine if he should be committed to a medical facility instead of prison due to his dementia diagnosis.
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December 20, 2024
Jussie Smollett Atty Scores Exit In Attackers' Defamation Suit
An Illinois federal judge on Friday tossed a defamation suit against the Geragos & Geragos attorney who defended actor Jussie Smollett against charges that he filed a false police report on a staged hate crime, saying that a "whiteface statement" she made about Smollett's attackers on national television was substantially true.
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December 20, 2024
Samsung Contractor Still Partly On Hook In Patent Suit
A California federal judge has partially denied a Samsung contractor's attempt to beat a suit alleging two of its products infringe a pair of technology patents, only agreeing to narrow which claims can move to trial.
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December 20, 2024
9th Circ. Orders Closer Security Review In Muslim Spying Suit
The Ninth Circuit on Friday partially revived a long-running putative class action over the FBI's alleged surveillance of Muslims in Southern California, saying more work needs to be done before determining whether the case is so tied to state secrets that it puts national security at risk.
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December 20, 2024
South Korean Needle Operation Secures Patent Win At ITC
The U.S. subsidiary of a South Korean dermatologist's needle business has convinced a judge at the U.S. International Trade Commission that several rivals in the marketplace for selling microneedles to plastic surgeons are infringing patents.
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December 20, 2024
Real Estate Recap: Stats, Multifamily Tech, Pot Shop Pickle
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including big picture stats for commercial real estate in 2024, how one proptech company is leveraging resident data for multifamily profitability, and a conversation with a BigLaw leader about navigating New York's pot shop crackdown.
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December 20, 2024
Calif. Panel Says Woman Has Right To Sue Over Home Sale
A California state appeals court reversed a quick win granted to Sotheby's International Realty Inc. and other real estate brokers in a suit filed over a $3.15 million sale of a Malibu home, ruling in a published decision that the homeowner legally allowed his daughter to sue over the property sale.
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December 20, 2024
Biden Exceeds Trump's Record On Judges By One
The U.S. Senate confirmed on Friday the last two judicial nominations from President Joe Biden, making his total of lifetime judicial appointments 235, just one over President Donald Trump's 234.
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December 20, 2024
FTA Proposes Buy America Waiver For Electric Minibuses
The Federal Transit Administration has asked for public feedback on whether it should grant a temporary nonavailability waiver from domestic sourcing requirements for battery electric minibuses, saying it had received related requests from multiple transit operators.
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December 20, 2024
Psychedelics Law Reformers Hit Multiple Setbacks In 2024
In 2024, advocates, physicians and researchers attempted to broaden lawful access to federally illegal psychedelic drugs through a variety of avenues — the new drug approval process, litigation and a ballot initiative — with the upshot that the law remains largely unchanged and, for the most part, still restricts legal use and possession of these substances.
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December 20, 2024
Split Del. Jury Clears Qualcomm In Arm Ltd. Chip Fight
A federal jury in Delaware on Friday rejected semiconductor design and licensing giant Arm Ltd. Inc.'s claims that Qualcomm Inc. breached Arm's chip architecture licensing and trademark rights, but was declared hung on matching claims against Nuvia Inc., acquired by Qualcomm in 2021
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December 20, 2024
Unionized Starbucks Workers Launch 5-Day Strike
Starbucks baristas in unionized stores in Los Angeles, Seattle and Chicago have gone on strike, Starbucks Workers United has announced, saying the union plans to spread the strike to other markets across the country between now and Christmas Eve.
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December 20, 2024
Sutter Health Settles Retirement Plan Mismanagement Suit
A health care company has agreed to settle a federal benefits class action from employee retirement plan participants alleging mismanagement, the parties told a California federal court Friday.
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December 20, 2024
Cooley Capital Markets Pro Joins Sidley In California
Sidley Austin LLP has grown its capital markets offerings in California with the addition of a Cooley LLP attorney as the firm sees demand growth in equity transactions.
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December 20, 2024
TikTok Sales Reps Say OT Suit Deserves Collective Cert.
Several TikTok sales representatives said they shared the same job duties and that the social media company applied the same unlawful policy of misclassifying them as overtime-exempt, urging a California federal court to grant them collective certification.
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December 20, 2024
Watershed NCAA, UFC Settlements Highlight 2024's 2nd Half
The second half of 2024 saw the sunset of several yearslong lawsuits that will significantly impact the world of sports, including the settlement of the NCAA's name, image and likeness antitrust litigation and the closing of the UFC's legal battle with current and former fighters. Here, Law360 explores the top sports and betting moments from the second half of 2024.
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December 19, 2024
Calif. High Court Sides With Jo-Ann In Co-Tenancy Dispute
The California Supreme Court on Thursday unanimously upheld the enforceability of a Jo-Ann Stores LLC co-tenancy provision allowing the fabric and craft chain to pay reduced rent at a Sacramento-area location because the mall doesn't have either 60% of space leased or three anchor tenants.
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December 19, 2024
Music Publishers Will Likely See AI Copyright Case Cut Back
A California federal judge said Thursday she was inclined to toss a portion of a copyright suit from music publishers claiming their song lyrics were ripped off to train artificial intelligence company Anthropic's chatbot, saying some allegations were "so general" while adding that she'd give leave to amend.
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December 19, 2024
Google Health Tracking Plaintiffs Fight To Keep Suit Alive
A California federal judge who was asked by Google to toss a proposed class action alleging that the tech giant illicitly scoops up users' personal data from healthcare providers' websites indicated during a Thursday hearing that he might grant the request while adding that he still has "a lot more thinking to do."
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December 19, 2024
Uber Sues Seattle Over Courier Account Deactivation Law
A Seattle ordinance aimed at preventing app-based workers from being unfairly deactivated from apps they use poses "grave constitutional problems," Uber alleged in a suit filed Wednesday in Washington federal court, saying the local law forces the transportation company to express views inconsistent with how it approaches privacy and safety.
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December 19, 2024
SEC Nabs $5M Judgment In Elder Fraud Case Against Adviser
The U.S. Securities and Exchange Commission has scored a $4.8 million judgment in its suit accusing an investment adviser and her firm of scamming her primarily elderly clients out of over $2 million.
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December 19, 2024
Feds Fight Calif. Tribe's Bid To Block Casino Trust Order
The federal government is fighting a bid by a California tribe to block the U.S. Department of the Interior from approving a casino project on its historic homelands, arguing that it has not yet identified any irreparable harm that would justify a temporary restraining order.
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December 19, 2024
Bank Freeze Sought By Co. Alleging Fake Atty Stole $55M
Attorneys for a German company suing a California woman and JPMorgan Chase Bank, alleging that an employee was tricked into wiring nearly $55 million by a fraudster whose scam included posing as a Clifford Chance LLP partner, urged a California federal judge Thursday to freeze the bank accounts of the woman.
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December 19, 2024
Groups Say CARB Fuel Program Will Spur Environmental Harms
Environmental groups sued the California Air Resources Board in California state court on Wednesday, saying amendments to the state's low carbon fuel standard program will only further spur the expansion of factory farms, increasing environmental degradation in the San Joaquin Valley.
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December 19, 2024
Coppola Calls On 'Last Duel' Writer In Variety Libel Suit
Francis Ford Coppola's attorney urged a California judge Thursday not to toss the famed director's libel suit against Variety magazine over a story it published alleging the "Megalopolis" director sexually harassed actresses on set, and to consider a declaration from the author of "The Last Duel" supporting his client's case.
Expert Analysis
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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E-Signature Best Practices For Employers After Calif. Ruling
In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.