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California
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August 23, 2024
9th Circ. Reverses 'Patent Misuse' Ruling Against CR Bard
The Ninth Circuit on Friday reversed a decision that cleared Atrium Medical Corp. in a $52.8 million breach of contract suit by C.R. Bard, concluding that the lower court wrongly held that Bard engaged in patent misuse by seeking royalties after its medical device patent expired.
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August 23, 2024
PayPal Ducks Antitrust Suit Over Merchant Rules
A California federal judge on Friday granted PayPal's motion to dismiss a proposed class action alleging the financial tech giant illegally boosts online retail prices by enforcing restrictive merchant agreements, saying the plaintiffs have failed to adequately plead that their injury "flows" from the alleged misconduct.
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August 23, 2024
Apple Sued Over Warranty Fees Charged To Old Devices
Apple was hit with a putative class action in California federal court Friday accusing it of failing to cancel AppleCare+ subscription contracts for customers who trade in or return their devices and continuously charging them monthly fees for devices they no longer own.
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August 23, 2024
Starbucks Sued By Woman Burned By Spilled Hot Coffee
A Los Angeles woman has hit Starbucks Corp. with a suit alleging she was burned in a drive-through when the faulty lid of her coffee cup came off as she was being served, and the excessively hot coffee spilled out and scalded her.
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August 23, 2024
Calif. Judge Says Spousal Visa Delay Could Be Unreasonable
A California federal judge is allowing a suit to move forward against U.S. State Department officials, including Secretary of State Antony Blinken, accusing the agency of slow-walking visa petitions for Pakistani spouses of U.S. citizens, saying the delay might be unreasonable.
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August 23, 2024
Anthropic Says Music Cos. Haven't Met Burden For Injunction
Artificial intelligence company Anthropic has blasted a preliminary injunction request from several music publishers suing for alleged infringement of copyrighted lyrics to train Anthropic's chatbot Claude, telling a California federal court the publishers have not shown they would suffer irreparable harm before trial.
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August 23, 2024
NY Lawmakers Hit With ADA Suit Over Contentious Mask Ban
A Long Island, New York, county that recently made it illegal for certain individuals to wear face masks in public has been hit with a lawsuit by a legal advocacy group alleging the ban discriminates against people with disabilities.
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August 23, 2024
Split 9th Circ. Says Ponzi Schemes Don't Need Proof Of Intent
A split Ninth Circuit panel affirmed Friday a jury's finding in a fraudulent-transfer fight that a now-bankrupt company was a Ponzi scheme, with the majority writing that jurors didn't need to find an intent to defraud, while a dissenting judge slammed the majority's reasoning as "circular."
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August 23, 2024
Albertsons-Kroger Deal Tests FTC's Stepped-Up Merger Policy
The Federal Trade Commission's highly anticipated hearing to block Albertsons' planned $24.6 billion merger with Kroger kicks off Monday in a Portland, Oregon, courtroom in what attorneys say will be a pivotal test of the Biden administration's newly formalized merger policy.
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August 23, 2024
LeBron's Tattoo Artist Can't Get New Trial In NBA 2K Case
An Ohio federal judge declined to order a new trial after a jury rejected claims that 2K Games Inc. and Take-Two Interactive Software Inc.'s rendering of LeBron James in their NBA 2K video game series infringed a tattoo artist's copyrights.
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August 23, 2024
Electric Car Co. Fisker Promises Ch. 11 Plan In A Week's Time
A Delaware bankruptcy judge Friday gave defunct electric-vehicle maker Fisker Inc. permission to enter into a deal with its lenders that will see it file a Chapter 11 plan by the end of August and seek court approval for the plan in just over a month.
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August 23, 2024
LegalShield Used AI To Record Clients, Suit Says
Online legal service company LegalShield has been letting a call center software company use artificial intelligence to intercept, analyze and record its customer calls and chats, according to a lawsuit recently pulled into California federal court.
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August 23, 2024
SPAC Investors Ask Full 9th Circ. To Rethink Lucid Merger
Investors have urged the full Ninth Circuit to rethink a panel's refusal to revive their proposed class action alleging that Lucid duped them into buying stock in a special purpose acquisition company ahead of the electric vehicle maker's $11.75 billion merger, arguing that the panel's holding misconstrues U.S. Supreme Court precedent, among other issues.
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August 23, 2024
Ex-Pot Shop Worker Says Sex Harassment Drove Her From Job
A former employee at a Los Angeles marijuana dispensary is suing her ex-employer, saying she was subjected to "persistent and horrible" sexual harassment and denied her promised pay and benefits, leading to what she describes as wrongful constructive termination.
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August 23, 2024
Punchbowl News Gets Win In TM Spat With Punchbowl Inc.
A California federal judge has ruled there is no likelihood of confusion between a publication called Punchbowl News and a greeting card and event planning company named Punchbowl Inc., justifying the dismissal of the latter's trademark infringement claims, according to a summary judgment order.
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August 23, 2024
Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash
The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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August 23, 2024
Messner Reeves Commercial Litigator Jumps To Gordon Rees
A former Messner Reeves LLP partner has jumped to Gordon Rees Scully Mansukhani LLP in San Diego to bolster its services in product and general liability matters, catastrophic brain injury cases and commercial litigation.
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August 23, 2024
Delaware Lets Ventis Move Pacira's False Ad Suit To Calif.
Ventis Pharma Inc., a pharmaceutical company developing nonopioid anesthetics, got a federal court's approval Friday to move a false advertising lawsuit filed by competitor Pacira BioSciences Inc. from Delaware to California, where Ventis is based.
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August 23, 2024
Business Or Home? The $1M Question, Judge Says
A family-run company that spent $7.3 million on a house overlooking San Francisco Bay may have used it for business and so the family's trust could be entitled to a $1 million tax refund for related operating losses, a Florida federal judge said.
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August 23, 2024
On Final Night Of DNC, Prosecutors Ruled The Stage
Vice President Kamala Harris invoked her experience as a prosecutor and an attorney general in her speech Thursday night in Chicago accepting the Democratic nomination for president.
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August 23, 2024
Taxation With Representation: Latham, Wachtell, Paul Weiss
In this week's Taxation With Representation, Arch Resources merges with Consol Energy in a deal worth $5.2 billion, Advanced Micro Devices agrees to purchase ZT Systems for $4.9 billion, and Japanese tobacco company JT Group inks a deal to buy Vector Group for $2.4 billion.
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August 23, 2024
DOJ Sues RealPage For Helping Fix Rental Rates
The U.S. Department of Justice filed an antitrust lawsuit Friday accusing RealPage of helping residential landlords across the country fix rental prices through the use of its revenue management software.
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August 22, 2024
Authors Can't Use Discord Chats In Meta AI Copyright Suit
A California federal judge Thursday granted Meta Platforms Inc.'s request for an order shielding a former part-time researcher's communications on Discord from discovery requests in authors' proposed class copyright action over Meta's artificial intelligence product, holding that the communications pertain to legal advice.
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August 22, 2024
Calif. Justices Revive PwC's $2.5M Sanction Against LA
The California Supreme Court on Thursday unanimously restored a $2.5 million sanction sought by PwC against the city of Los Angeles for pervasive discovery misconduct in an underlying utility billing fight, finding that the trial court had the authority to impose monetary sanctions under the state's Code of Civil Procedure.
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August 22, 2024
Calif. Justices OK Argentine Atty's Uber Fraud Fight
California justices gave an Argentinian lawyer a green light Thursday to pursue allegations that Uber fraudulently hid crucial information as he represented Uber before its Buenos Aires launch, clarifying that his tort fraudulent-concealment claim is not necessarily barred by the so-called economic loss doctrine if his employment contract never contemplated the alleged fraud.
Expert Analysis
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk
A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.
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Calif. Out-Of-State Noncompete Ban Faces Several Hurdles
California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Motion To Transfer Venue Considerations For FCA Cases
Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Autonomy Execs' Acquittal Highlights Good Faith Instruction
The recent acquittal of two former Autonomy executives demonstrates that a good faith jury instruction can be the cornerstone of an effective defense strategy in white collar criminal cases, in part because the concept of good faith is a human experience every juror can relate to, says Sara Kropf at Kropf Moseley.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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3 Ways To Lower Insider Trading Risk After First 10b5-1 Case
In light of the U.S. Department of Justice's insider trading prosecution against the former CEO of Ontrack based on alleged abuse of a Rule 10b5-1 safe harbor plan — designed to allow executives to sell their companies' securities without liability — companies and individuals should take steps to avoid enacting similar plans in bad faith, say attorneys at Jenner & Block.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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PE Firms Should Prepare For Increased False Claims Scrutiny
The impact private equity firms may have over medical decisions and care is increasingly attracting potential liability under the False Claims Act and attention from states and the federal government, so investors should follow best practices including conducting due diligence both before and after acquisitions, say attorneys at K&L Gates.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.