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October 11, 2024
BofA Must Face Iranian Bias Claims At 9th Circ.
A Bank of America customer wants the Ninth Circuit to revive his proposed class action alleging the financial giant discriminates against Iranian citizens, according to a notice of appeal.
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October 11, 2024
FERC Defends Keeping Calif. In Hydro Permitting Role
The Federal Energy Regulatory Commission defended its conclusion that California's water board didn't waive its Clean Water Act permitting authority over two hydroelectric dams, telling the D.C. Circuit there's nothing to suggest there was a coordinated effort to string out the permitting process.
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October 11, 2024
9th Circ. Backs Planned Parenthood's $14M Atty Fee Win
The Ninth Circuit upheld a nearly $14 million attorney fee award to Planned Parenthood after the reproductive health service provider won its suit claiming the Center for Medical Progress unlawfully recorded abortion service providers, saying Friday the award was not unreasonably disproportionate to the jury's $2.4 million damages award.
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October 11, 2024
6 Firms Guide IPO Trio From Biotech, Medical Device Cos.
Two venture-backed biotechnology startups and a medical device maker began trading Friday after pricing three initial public offerings that raised $510 million combined — all of which were enlarged from original plans — under guidance from six law firms.
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October 11, 2024
Weinstein Charges Should Be Combined For Retrial, DA Says
Prosecutors asked a New York state court judge to consolidate Harvey Weinstein's 2018 rape indictment with newly filed sexual assault charges ahead of his retrial, panning the former Hollywood producer's "creative" arguments for separate trials.
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October 11, 2024
Off The Bench: NCAA's NIL Deal Advances, QB Settles Again
In this week's Off The Bench, the NCAA and the athletes suing it over name, image and likeness money satisfy a judge with their proposed settlement revisions, an NFL quarterback settles yet another sexual assault accusation, and a legal battle between the NFL and one of its former reporters ends amicably.
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October 11, 2024
California High Court Rejects Bar Exam Alternative Program
The California Supreme Court has rejected a proposal that would have allowed bar applicants to submit a portfolio of work they did with real clients under supervision instead of taking the bar exam.
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October 11, 2024
Taxation With Representation: Davis Polk, Latham, Kirkland
In this week's Taxation With Representation, Rio Tinto agrees to acquire Arcadium Lithium for roughly $6.7 billion, Ares Management Corp. and GCP International reach a $3.7 billion deal, and Butterfly Equity announces plans to buy The Duckhorn Portfolio for $2 billion.
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October 10, 2024
Bumble App Is Biased Against Straight Women, Suit Says
Dating app Bumble discriminates against straight women by requiring them to make the first move and tries to justify the bias by portraying women as "perpetual victims" and men as "rude, sexually-forward ogres," two women alleged in a proposed class action removed to California federal court Wednesday.
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October 10, 2024
Western Digital Lifted Spex's Data Security IP, Expert Says
Western Digital's My Book and Ultrastar storage devices infringe features in Spex Technologies' data security patent, including hardware encryption and a means of allowing a host computer to request and receive information from the device once it's plugged in, an expert witness testified during the infringement trial Thursday in California federal court.
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October 10, 2024
Social Media Apps Don't Need User Warnings, MDL Judge Told
A lawyer for TikTok urged a California state judge on Thursday to cut failure-to-warn claims from multidistrict litigation over social media's alleged effects on youth mental health, saying this theory is akin to suing newspapers for "not including a warning that reading the news could put you in a bad mood."
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October 10, 2024
Ejudicate Ran 'Bogus' Student Loan Arbitrations, CFPB Says
The Consumer Financial Protection Bureau announced Thursday that it has banned private dispute resolution platform Ejudicate from arbitrating disputes about consumer financial products, saying the company misled student borrowers about its neutrality and initiated "bogus" arbitration proceedings.
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October 10, 2024
Live Nation Loses COVID-19 Physical Loss Insurance Claims
A California federal judge has tossed Live Nation's claims in a lawsuit seeking coverage from Factory Mutual for physical loss or damage stemming from the coronavirus pandemic, holding that a recent ruling by California's highest court thwarted the entertainment giant's argument that the presence of COVID-19 made its property unsafe or unusable.
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October 10, 2024
OpenAI Calls Musk's Fraud, RICO Suit A Harassing Biz Move
OpenAI asked a California federal judge to toss Elon Musk's claims that the artificial intelligence venture and its top brass engaged in fraud by deciding to make OpenAI a for-profit company, claiming Musk "has been trying to leverage the judicial system for an edge" since launching a competing AI company.
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October 10, 2024
Vape Co. Missed Cutoff To Toss $892K Arb. Loss, 9th Circ. Says
A Ninth Circuit panel on Thursday affirmed a Washington distributor's $892,000 arbitration award in a dispute with vape company Avid Holdings, in an order siding with a district court judge who determined Avid waited too long to dispute the arbitrator's decision.
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October 10, 2024
IP Forecast: 5G Patent Case Spells Deja Vu For EDTX
A patent suit against a Chinese phone company will go before a new federal jury in the Eastern District of Texas after the judge scrapped the original $10.6 million verdict against it as excessive. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 10, 2024
Yale Hospital Says Pension Liens Breach $435M Sale Deal
A hospital operator's purported $4 million pension liability has saddled its properties with liens that breach a $435 million sale contract, Yale New Haven Health told a Connecticut state judge Wednesday in a letter suggesting it may add claims to litigation over its deal with Prospect Medical Holdings Inc.
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October 10, 2024
Ye Investigated Kardashians For Sex Trafficking, Suit Says
A former worker for Ye's short-lived presidential campaign sued in California state court Thursday alleging the Grammy-winning rapper had him investigate the Kardashian family for alleged sex trafficking before their relationship soured and Ye threatened to kill him.
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October 10, 2024
Twitter Judge Seeks More Info On Cert. Bid In Layoff Fight
A California federal judge declined to rule Thursday on a request to certify a class of 115 ex-Twitter workers who claim they were booted without proper notice after Elon Musk acquired the company, saying he wanted more information after learning that most signed arbitration agreements.
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October 10, 2024
Too Early To Decide Indemnification In Flood Row, BNSF Says
Railway giant BNSF told a California federal court that it's too early for the court to decide whether two Travelers units have a duty to indemnify BNSF in a lawsuit alleging that a track relocation project BNSF undertook caused significant flooding, noting the case is still pending.
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October 10, 2024
Biotech Co. Gritstone Hits Ch. 11 With Over $100M Debt
Vaccine developer Gritstone bio Inc. filed for Chapter 11 protection in Delaware bankruptcy court Thursday with at least $100 million of debt, saying it was in discussions with a potential bidder for a sale of the business to ensure it can continue researching cancer and other disease treatments.
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October 10, 2024
SeaWorld Wraps Up Suit Over COVID Severance Pay
SeaWorld has inked settlements with two employees to resolve a California federal court suit claiming the business ignored its policies by failing to pay employees severance when they were furloughed during the COVID-19 pandemic.
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October 10, 2024
George Foreman Unlikely To Get '70s Sex Assault Suit Trimmed
A California federal judge was skeptical Thursday of boxing legend George Foreman's bid to trim alleged conduct that occurred in Texas and Florida from a lawsuit claiming he groomed and sexually abused a teenage girl in the 1970s.
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October 10, 2024
Calif. Says FDIC Must Wait For $21M Tax Refund
A California tax agency urged a New York federal court to toss a lawsuit by the FDIC seeking a $20.7 million tax refund on behalf of the shuttered Signature Bank, saying it's entitled to wait for a possible IRS audit before delivering the payment.
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October 10, 2024
Feds Say 'Buy America' Waiver In Train Project Should Stand
The U.S. Department of Transportation's Federal Railroad Administration is urging a D.C. federal court to toss a suit alleging it wrongly waived "Buy America" requirements for a Las Vegas high-speed train project, arguing the plaintiff vendor hasn't shown it would have won the contract if the waiver hadn't been granted.
Expert Analysis
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Compliance Countdown To New Calif. Workplace Safety Rules
Nearly all California employers should be taking steps to prepare for the July 1 deadline to comply with a Labor Code update that will introduce the first general industry workplace violence prevention safety requirements in the U.S., say attorneys at Littler.
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Arbitration Implications Of High Court Coinbase Ruling
The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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The Current State Of Healthcare Transaction Reviews In Calif.
As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.
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Big Banks Face Potential Broader Recovery Plan Rules
The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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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.