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August 13, 2024
Kroger Blasts FTC's 'Head-To-Head' Competition Claims
Kroger and Albertsons have assailed the Federal Trade Commission's challenge to their merger, telling an Oregon federal judge that there's no need to preliminarily block the deal because the agency is pushing a "never before applied" theory that reducing head-to-head competition is illegal, which the grocery stores said is undone by the law and the companies' planned divestiture of 579 stores.
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August 13, 2024
Ex-Pro Says $2B NCAA Deal Undercuts Collective Bargaining
Former NBA player David West and his attorney have joined a growing chorus of opposition to the NCAA's more than $2 billion proposed name, image and likeness settlement with college athletes, arguing it circumvents collective bargaining.
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August 13, 2024
Youth Plead To Save Constitutional Climate Lawsuit
Youth plaintiffs on Monday defended their right to continue their lawsuit alleging the federal government unconstitutionally discriminates against them by favoring the fossil fuel industry's interests.
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August 13, 2024
HP Inks Deal To End Claims Printer Update Locked Out Rivals
HP Inc. and a certified class of consumers told a California magistrate judge Monday that they have reached a settlement in principle to resolve a class action alleging the printer maker illegally forced customers to purchase overpriced HP-branded ink and toner supply cartridges by making alternative products incompatible with their printers.
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August 13, 2024
Las Vegas Jury Deals Out A Verdict Of No Infringement
A lawsuit surrounding a "rotatable shuffler" that has been going on in Nevada federal court for the better part of a decade has finally ended, with a Las Vegas jury finding that the maker of a roulette-style gambling machine did not infringe a patent covering a different kind of card shuffling machine.
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August 13, 2024
Tort Report: Disney Blasted For 'Absurd' Arbitration Bid
A Disney unit's unconventional bid to arbitrate a wrongful death suit and a hefty crash suit verdict out of California lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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August 13, 2024
22 AGs Urge 2nd Circ. To Keep Limits On Interstate Gun Sales
The attorneys general for 21 states and the District of Columbia urged the Second Circuit to uphold a federal law limiting interstate gun sales to licensed dealers, arguing in a brief Monday that the law lets individual states regulate dealers and prevent black-market imports.
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August 13, 2024
FTC Says Fix In Epic's Google Case Should Spur Competition
The Federal Trade Commission has told a California federal court that it has the power to impose a wide range of remedies after a jury found that Google violated antitrust law through its app store policies and urged the court to reject Google's concerns about the proposed changes.
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August 13, 2024
Federal Judge Can't Shake Discipline For Handcuffing Girl
A review panel on Tuesday agreed with a unanimous Ninth Circuit Judicial Council finding that a federal judge in California engaged in misconduct when he ordered that a tearful 13-year-old girl be handcuffed during a criminal hearing for her father, upholding a public reprimand and three-year pause on criminal case assignments for the jurist.
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August 13, 2024
Conn. Trial Attys Back McCarter's Bid For Punitive Award
The Connecticut Trial Lawyers Association has asked the state Supreme Court for permission to file a friend-of-court brief supporting McCarter & English LLP's bid for a punitive payout after winning multimillion-dollar judgments in a contract dispute with a former client.
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August 13, 2024
Capital Group Can't Force 401(k) Fund Suit To Arbitration
A California federal court refused to force individual arbitration of a proposed class action against The Capital Group Companies Inc. from a 401(k) plan participant alleging mismanagement, finding an arbitration provision in plan documents couldn't waive statutory rights under the Employee Retirement Income Security Act.
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August 13, 2024
Rival Building Suppliers Net $3M Deal To End Competition Tiff
A New York building supplier will pay its California rival $3 million to resolve allegations that it poached employees in North Carolina and stole trade secrets to unfairly compete in the region, according to settlement documents provided to Law360.
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August 13, 2024
Tech Cos. Spar Over $117M Interest On $262M Patent Verdict
Hard drive maker Western Digital Technologies Inc. and patent holder MR Technologies GmbH went back and forth on the patentee's requested $117 million prejudgment interest bid for a $262 million infringement verdict in its favor, with Western Digital calling the requested amount "an unjustified windfall."
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August 13, 2024
Sheppard Mullin Adds Depp Trial Attys From Brown Rudnick
Sheppard Mullin Richter & Hampton LLP said Tuesday it has lured five lawyers away from Brown Rudnick LLP who were members of the team that successfully represented actor Johnny Depp in his defamation trial against his former wife.
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August 13, 2024
Green Generator Startup Moxion Files Ch. 7 After Layoffs
Amazon-backed electric generator startup Moxion Power Co. filed for Chapter 7 liquidation in Delaware with between $100 million and $500 million of total estimated liabilities, not long after the San Francisco Bay Area company announced scores of layoffs.
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August 13, 2024
Hogan Lovells IP Litigator Joins Nixon Peabody In SF
Nixon Peabody LLP continues to boost its intellectual property team, announcing Monday it is bringing in a Hogan Lovells IP and technology litigator as counsel in its San Francisco office.
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August 12, 2024
AI Art Cos. Can't Yet Ditch Artists' Copyright Claims
A California federal judge on Monday refused to throw out artists' copyright infringement claims against four companies that make or distribute software that creates images with text prompts, but he did toss several other claims in their proposed class action, including unjust enrichment and breach of contract.
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August 12, 2024
RFK Jr.'s 'Sham' Address Keeps Him Off NY Ballot, Court Says
Robert F. Kennedy Jr.'s petition to appear as an independent presidential candidate on New York's ballot is invalid because he claimed a false address, an Albany judge ruled Monday, calling it a "sham" address that he used to maintain his voter registration in the state.
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August 12, 2024
Chase Bank Sued Over Alleged Ties To $119M Ponzi Scheme
Chase Bank "actively accommodated" a purported Ponzi scheme worth more than a hundred million dollars by real estate developer SiliconSage Builders LLC, according to a court-appointed receiver who alleged in a new suit that the bank "went well beyond providing ordinary banking services" to the developer.
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August 12, 2024
9th Circ. Reboots Manipulation Suit Against Binance.US
The Ninth Circuit on Monday partially reversed the dismissal of a proposed class action alleging that Binance.US artificially deflated the price of HEX cryptocurrency by lowering its ranking on its exchange, finding that the investor who brought the suit had established personal jurisdiction for some of his claims under the Commodity Exchange Act.
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August 12, 2024
Girardi Wasn't Confused But Tried 'To Confuse Me,' Atty Says
An attorney who sued Tom Girardi on behalf of a woman seeking withheld settlement funds testified Monday in the disbarred lawyer's criminal fraud trial, telling a Los Angeles jury he didn't think Girardi was in cognitive decline but rather was deliberately trying to confuse him with strange excuses.
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August 12, 2024
9th Circ. Won't Rethink Upending Sutter Health Antitrust Win
The Ninth Circuit refused Monday to reconsider a panel's split decision overturning Sutter Health's defeat of insurance plan purchasers' $400 million antitrust suit, summarily rejecting hospital system arguments that the court wrongly put in play corporate "purpose" and decades-old communications.
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August 12, 2024
Split 9th Circ. Says Mexican Man Deprived Of Right To Atty
A split Ninth Circuit panel affirmed a district court's dismissal of an indictment against a Mexican national for illegal reentry after being previously deported, finding that he did not knowingly and voluntarily waive his right to an attorney.
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August 12, 2024
WWE Accuser Says Doc's Lawsuit Threat Meant To Silence Her
A celebrity doctor with alleged ties to World Wrestling Entertainment Inc. and ex-CEO Vince McMahon should be sanctioned for filing a "vexatious" presuit discovery request in an effort to intimidate the woman who claimed the company and former executives sexually abused and trafficked her, she argued in a Monday motion.
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August 12, 2024
Tesla Subcontractors Didn't Violate FCA, 9th Circ. Rules
The Ninth Circuit on Monday refused to revive two foreign workers' whistleblower suit against companies tapped to provide a Tesla construction project with laborers, ruling in a published opinion that the companies didn't defraud the government by seeking cheaper work visas.
Expert Analysis
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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Calif. Web Tracking Cases Show Courts' Indecision Over CIPA
Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense
The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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And Now A Word From The Panel: Watch The MDL Calendar
One of the most fascinating features of the Judicial Panel on Multidistrict Litigation's practice is the regularity of its calendar, which can illuminate important timing considerations, says Alan Rothman at Sidley.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.