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California
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March 21, 2025
Lululemon Secures PTAB Decision Axing Nike Shoe Patent
Lululemon persuaded a panel of administrative judges on Friday to wipe out all of the claims in a Nike footwear manufacturing patent, which Nike had already dropped from its New York suit against the athletic apparel retailer by the time that case went to trial earlier this month.
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March 21, 2025
Judge Incredulous At Defense Raised In OpenAI TM Fight
A California federal judge doubted Friday certain defenses in OpenAI's trademark battle against a man who runs a website called "open.ai," telling the man's counsel repeatedly during a hearing it's "incredible" that he's claiming the court can't legally order him to transfer the domain if he doesn't own the mark.
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March 21, 2025
DC Circ. Won't Halt Revamp Of Public Safety Spectrum
The D.C. Circuit has denied requests from two sheriffs' groups and the San Francisco transit system to delay the Federal Communications Commission's order revamping the 4.9 gigahertz spectrum band, which is heavily used by public safety organizations.
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March 21, 2025
Buyers' Gripe Is With Timber Sector, Not Charmin, P&G Says
A false advertising lawsuit accusing Procter & Gamble of overhyping the forest-friendly bona fides of Charmin toilet paper should be dismissed, the company told a Washington federal judge, arguing that the buyers' suit is misdirected at P&G when their actual disappointment is with the "forestry industry."
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March 21, 2025
Ex-Jefferies Employee Says Age Bias Led To Termination
Investment bank Jefferies LLC has been sued by a former assistant vice president who alleged he was fired under the pretext of working from home too much and that he was actually a victim of age discrimination.
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March 21, 2025
Mexican Citizen Stole $1M From Fruit Wholesaler, Feds Say
The U.S. Department of Justice announced a federal grand jury returned a six-count indictment against a Mexican citizen residing in California for allegedly defrauding a fruit wholesaler out of over a million dollars and falsifying his employment documents.
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March 21, 2025
How King & Spalding Helped LGBTQ+ Vets Win Back Benefits
More than a decade after the U.S. Department of Defense repealed its "don't ask, don't tell" policy, which kept LGBTQ+ troops in the closet, veterans who were kicked out for their sexual orientation have continued to suffer the effects of a scarlet letter placed on their discharge papers.
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March 21, 2025
1st Circ. Affirms Hold On Education Dept. Teacher Grant Cuts
The First Circuit on Friday kept in place a Massachusetts federal judge's temporary block on $250 million in cuts to teacher training grants that were targeted by the Department of Education over their ties to diversity initiatives.
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March 21, 2025
Aerospace Co. Workers' 401(k) Suit Lacks Details, Judge Says
An aerospace technology company dodged a proposed class action Friday alleging its employee retirement plan was loaded with costly and underperforming investment options, with a California federal judge finding the workers leading the suit needed to provide more information about supposedly comparable plans.
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March 21, 2025
Unlockd To Take Google Antitrust Battle To 9th Circ.
Defunct advertising app maker Unlockd is hoping the Ninth Circuit will revive its antitrust suit accusing Google of allowing the then-up-and-coming business to build a reliance on Google platforms and then cutting it off once it became a threat.
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March 21, 2025
Littler Selects Longtime Calif. Litigator To Lead Fresno Shop
Labor and employment firm Littler Mendelson PC has tapped a longtime litigator to be the new head of its office in Fresno, California.
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March 21, 2025
Musk Atty Spiro Evading Subpoena, Twitter Investors Say
A class of investors suing Elon Musk over allegations he tried to smear Twitter to lower the price of his $44 billion acquisition of the site says one of Musk's Quinn Emanuel Urquhart & Sullivan LLP attorneys and close advisers has refused to accept service of a subpoena to be deposed and should be served by alternative means.
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March 21, 2025
4th Circ. Revives TM Fight Over 'Westmont' Retirement Homes
A Virginia federal court incorrectly concluded that there could be no likelihood of confusion between two companies that operate retirement communities with the name "Westmont" because they are on opposite sides of the U.S., the Fourth Circuit said in remanding the case and ordering a more comprehensive analysis on potential consumer confusion.
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March 21, 2025
Taxation With Representation: Cravath, Paul Weiss, Cooley
In this week's Taxation With Representation, Google acquires Wiz, QXO Inc. acquires Beacon Roofing Supply, and the Boston Celtics are bought by a group led by private equity firm co-founder William Chisholm.
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March 21, 2025
Gov't Backs GEO To Have Full 9th Circ. Mull $23.2M Wage Row
A Ninth Circuit panel disregarded Congress' wishes when it ordered the GEO Group to pay $23.2 million because it needed to pay detainees in a work program under Washington state's minimum wage, the government said, backing the company's bid for rehearing.
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March 20, 2025
Judge OKs $51.75M Clearview AI Deal Despite AG Objections
An Illinois federal judge Thursday granted final approval to Clearview AI's $51.75 million settlement resolving multidistrict litigation challenging the company's practice of automatically collecting biometric facial data online, rejecting objections from 22 state attorneys general and the District of Columbia.
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March 20, 2025
Trump Rescinds Paul Weiss Order After Firm Strikes Deal
President Donald Trump on Thursday announced he will rescind an executive order suspending security clearances held by Paul Weiss Rifkind Wharton & Garrison LLP employees after the law firm agreed to not adopt DEI hiring practices and to provide $40 million worth of pro bono services to support administration initiatives.
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March 20, 2025
'Careless People' Author Can Testify In Meta Addiction MDL
Meta Platforms Inc. on Thursday failed to block the deposition of the former executive behind the tell-all memoir "Careless People," with a California magistrate judge giving plaintiffs the green light to depose her in multidistrict litigation over social media platforms' allegedly addictive designs.
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March 20, 2025
Nippon Calls Consumer Suit Over US Steel Merger 'Baseless'
Nippon Steel Corp. has urged a California federal court to throw out a consumer suit over its blocked $14.9 billion merger with U.S. Steel Corp., calling it yet another "in a long line of baseless lawsuits" over a merger of public companies that they have "no standing to challenge in the first place."
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March 20, 2025
Media Matters Says X Can't Restrict Dispute To Texas
A nonprofit media watchdog wants to preserve its California federal lawsuit challenging social media site X's efforts to pursue defamation claims in Texas federal court, telling a Texas federal judge that X failed to adequately argue for an anti-suit injunction.
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March 20, 2025
9th Circ. Judge Takes Aim At Calif. Gun Ruling On YouTube
A Ninth Circuit judge on Thursday took to YouTube to issue a dissent over the court's decision to ban in California all high-capacity magazines for weapons, a move that several of his fellow judges lamented as "wildly improper" and said they needed to address "lest the genre proliferate."
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March 20, 2025
LA Hit With Sanctions Request In Encampment Sweep Lawsuit
Homeless residents accused the Los Angeles City Attorney's Office of hiding documents they requested in their suit challenging the constitutionality of encampment sweeps, asking a California federal court for case-ending sanctions for the second time in two weeks.
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March 20, 2025
'Epic Self-Own': Lively Says Baldoni Libel Suit Hikes Damages
Blake Lively urged a New York federal judge on Thursday to toss Justin Baldoni's claims that she defamed him with sexual harassment allegations, saying the law prohibits such retaliatory libel suits and that he has committed an "epic self-own" that will put him on the hook for additional damages.
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March 20, 2025
Calif. Panel Doubts Byron Allen's $100M McDonald's Suit
A California appeals panel expressed skepticism Thursday at an attempt by Byron Allen's television companies to revive their $100 million lawsuit accusing McDonald's of lying in a 2021 pledge to spend more advertising money on Black-owned media.
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March 20, 2025
State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling
Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.
Expert Analysis
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Lessons From United's Axed Win In Firing Over Online Pics
In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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What 2024's Noncompete Turmoil Means For Banks In 2025
A look back at the most significant legal challenges to the enforceability of various restrictive covenants like noncompete and nonsolicitation agreements in 2024 can help financial institutions address the use of these critical tools this year, say attorneys at Maynard Nexsen.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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A Guide To Significant 2024 Data Broker Legal Developments
2024 saw notable developments in U.S. data broker regulation and enforcement, and this momentum will likely carry into 2025, despite hypothetical efforts to the contrary under the new administration, say attorneys at Frankfurt Kurnit.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.