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December 18, 2024
TikTok Told To Provide Source Code In Trade Secrets Case
TikTok must provide source code as well as financial and data usage information to a Chinese company that says it stole proprietary information to develop a video-editing feature on its platform, according to an order from a special master appointed to the case.
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December 18, 2024
LA Dodgers Must Face Disabled Fan's ADA Suit
A California federal judge has refused to end a Los Angeles Dodgers gamegoer's negligence suit alleging he fell and hurt himself after being denied permission to bring his cane into the stadium, finding Tuesday that the purported denial exposed the man, who had to use stairs without handrails, to an unreasonable risk of harm.
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December 18, 2024
CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say
The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety.
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December 18, 2024
China Co. Asks Justices To Review E-Commerce Jurisdiction
China-based e-commerce company Zembrka has asked the U.S. Supreme Court to review a Second Circuit opinion that found proof of an online transaction in a particular state is enough to establish personal jurisdiction, regardless of whether the product ships or is refunded.
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December 18, 2024
States, Green Groups Drop Suits Over USPS Vehicle Plan
A coalition of states and cities and several environmental groups moved to dismiss their lawsuits challenging the U.S. Postal Service's multibillion-dollar plan to acquire its next-generation delivery vehicles.
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December 18, 2024
EPA Greenlights California's Race To 100% ZEVs By 2035
The U.S. Environmental Protection Agency on Wednesday authorized California's plan to require that all new light cars and trucks sold in the state be zero-emission vehicles by 2035, a move that was instantly slammed by the fossil fuel industry.
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December 18, 2024
The Biggest Trademark Decisions Of 2024
The Pennsylvania State University emerged victorious in arguably the most closely watched trademark trial of the year against an online retailer that sold merchandise bearing historic Penn State marks, and the U.S. Supreme Court rejected an attorney's attempt to register "Trump Too Small" as a trademark. Here are Law360's picks for the biggest trademark decisions of 2024.
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December 18, 2024
Hagens Berman Says Apple, Amazon Doc Demand Is Off Base
Hagens Berman Sobol Shapiro LLP is firing back against Apple and Amazon's bid to force the turnover of texts and emails with a client who disappeared from a putative class action against the tech giants, calling the spat an opportunistic attack "based on a fiction."
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December 18, 2024
Class Counsel In NCAA-NIL Suits Seek $500M-Plus In Fees
The attorneys who represent the athletes in two name, image and likeness class actions that were settled with the NCAA have requested more than half a billion dollars total in fees and costs, citing the "substantial risks and complex issues" involved.
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December 18, 2024
Insurer Says No Coverage For USC Frat's Sex Assault Suit
An insurer told a California federal court that it doesn't owe coverage to an event company accused of failing to provide a safe environment at a fraternity party where a woman said she was sexually assaulted, saying the policy's professional services and sexual misconduct exclusions preclude coverage.
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December 18, 2024
City Urges High Court To Skip Christian Fire Chief's Bias Suit
A California city told the U.S. Supreme Court there's no need to review the dismissal of a fire chief's suit claiming his Christian beliefs got him fired, arguing his criticism of the legal framework used to analyze his claims is baseless, and he's simply unhappy he lost.
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December 18, 2024
Yale Eyes Quick Win In $435M Conn. Hospital Purchase Suit
Yale New Haven Health Services Corp. has asked a Connecticut state court judge for permission to file a summary judgment motion in a feud with Prospect Medical Holdings Inc. over the sale of several hospitals in the state, saying Prospect's "stunning" failure to fund pensions and pay taxes resulted in property liens that breached the $435 million deal.
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December 18, 2024
SiteOne Gets $100M To Advance Non-Opioid Pain Treatments
SiteOne Therapeutics Inc., a biopharmaceutical company focusing on pain treatment, on Wednesday announced that it clinched a Series C funding round after securing $100 million from investors.
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December 17, 2024
Authors Seek OpenAI Docs About Its Future Models In IP Case
Authors alleging that ChatGPT creator OpenAI Inc. is copying protected works asked a California federal judge Tuesday to order the company to produce documents about its large language models in development, information OpenAI argued would be burdensome to produce and not relevant to the proposed class action.
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December 17, 2024
Little Caesar's Arbitration Clause Should Be Axed, Judge Told
An ex-Little Caesars worker seeking to represent the pizza chain's California employees in a putative wage-and-hour class action urged a Golden State federal judge Tuesday to invalidate the restaurant's new arbitration agreement banning workers from participating in the litigation, saying the company didn't make it clear the clause was voluntary.
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December 17, 2024
CORRECTED: Ineligible Calif. Securities Atty Accused Of Tax Crimes
A Southern California securities attorney currently ineligible to practice law has gone over five years without filing any personal federal income tax returns, the U.S. Department of Justice alleged in announcing a recently unsealed indictment against the lawyer on Tuesday.
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December 17, 2024
Tubi Says Keller Postman Kept Its Clients In The Dark
Most of the people named in now-dropped arbitration demands filed by Keller Postman LLC against streaming service Tubi didn't know what the claims were or even that the firm purported to represent them, Tubi has told a Washington, D.C., federal judge.
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December 17, 2024
TM Group Weighs In On Preclusion In 2nd Circ. Winery Fight
A trademark group has said a Trademark Trial and Appeal Board decision upheld by a New York federal court in an Italian winemaker's fight against a Napa Valley, California, rival over similarly named wines is at odds with a separate board decision in a dispute that made its way to the U.S. Supreme Court.
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December 17, 2024
Judge Cuts Upper Deck's Disney Card Game Suit
A Washington federal judge has pared down a toy company's suit accusing a competitor of improperly luring away a former contractor and infringing copyrighted material in making a Disney-branded game, partially letting claims involving unfair competition and fraudulent misrepresentations proceed while dismissing others.
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December 17, 2024
Kat Von D Defends Tattoo Copyright Win At 9th Circ.
The reality TV tattoo artist Kat Von D has told the Ninth Circuit that a photographer who mounted a failed copyright lawsuit over a photo of the jazz great Miles Davis is now ignoring "most of the facts" by appealing the jury verdict that rejected the infringement case.
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December 17, 2024
Prisoners Reach Largest-Ever Settlement With BOP Over Abuse
More than 100 women currently and formerly detained at a now-shuttered federal women's prison in Northern California have reached settlements with the federal Bureau of Prisons worth nearly $116 million to end individual lawsuits alleging sexual assault and harassment at the hands of prison staffers.
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December 17, 2024
Quinn Emanuel, Keller Postman Want To Lead Live Nation Suit
Quinn Emanuel Urquhart & Sullivan LLP and Keller Postman LLC attorneys told a California federal court that they are best suited to represent proposed classes of consumers accusing Live Nation and Ticketmaster of monopolizing the ticketing services space, saying they "developed the heart" of the consumers' claims.
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December 17, 2024
Google-Apple Collusion Plaintiff Asks 9th Circ. To Revive Suit
A California crane operator training school asked the Ninth Circuit on Monday to revive its case accusing Google of paying Apple to refrain from developing its own search engine in light of a recent Washington, D.C., federal judge's decision that Google monopolizes the search market.
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December 17, 2024
The Biggest Copyright Decisions Of 2024
The U.S. Supreme Court made it possible for copyright plaintiffs to pursue damages for periods longer than three years — while leaving lawyers speculating about how long the ruling will stand — and the Second Circuit put an end to a free digital library. Here are Law360's picks for the top copyright decisions of 2024.
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December 17, 2024
Express Scripts, OptumRx Can't Ditch LA County Opioid Suit
A California judge ruled Tuesday that Los Angeles County can keep pursuing a lawsuit claiming pharmacy benefit managers Express Scripts and OptumRx colluded with drugmakers to fuel the opioid epidemic, though the county must rework its complaint to specify how regulators were allegedly deceived.
Expert Analysis
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Licensing And Protections For Voice Actors In The Age Of AI
While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.
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Revisiting The Crime-Fraud Exception After Key Trump Cases
Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.
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Enviro Policy Trends That Will Continue Beyond The Election
Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.
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2 High Court Securities Cases Could Clarify Pleading Rules
In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.
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What 2 Key Rulings Mean For Solicitation Under TCPA
Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Payward And The Secondary Crypto Transaction Confusion
Following orders in cases against Coinbase and Binance, the recent California federal court ruling in U.S. Securities and Exchange Commission v. Payward raises even more questions about regulation of secondary transactions involving crypto-assets, as it tries to sidestep fundamental flaws in the SEC's legal theories, say attorneys at Cahill Gordon.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Takeaways From Texas AG's Novel AI Health Settlement
The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.