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California
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August 01, 2024
Insurer Wants Quick Win In NBA Team's Virus Coverage Suit
The Sacramento Kings' insurer said it is entitled to an early win in a coverage dispute over pandemic-related losses that the basketball team and its arena operator incurred, telling a California federal court that the losses don't meet the policy requirement of "physical loss or damage" to property.
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August 01, 2024
White House Defends 6th Circ. Nom Against Tenn. Senator
The Senate Judiciary Committee approved seven judicial nominees on Thursday, including one for the Sixth Circuit under fire from her home-state senators.
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August 01, 2024
Calif. Tribe Can't Toss Casino Card Check Award, For Now
A California tribe's bid to nix an arbitration award over an authorization card check process with UNITE HERE can't proceed for now, a federal judge ruled, saying the tribe's counsel didn't discuss the motion with the union's attorney before submitting it.
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August 01, 2024
Senate Passes Bill To 'Systematically' Increase Judgeships
The Senate passed a bipartisan bill Thursday by voice vote to create 66 new and temporary judgeships to help federal courts handle increasing workloads.
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August 01, 2024
Medtronic Still Faces Chancery Claim In Fortis' InPen Suit
Delaware's Court of Chancery has trimmed a suit that stockholders' representative Fortis Advisors LLC filed against Medtronic Minimed Inc. after its 2020 acquisition of insulin pen manufacturer Companion Medical Inc., tossing claims related to a missed milestone but keeping one about a withheld escrow payment.
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August 01, 2024
Meet 3 Legal Industry Pros At The Paris Olympics
Legal professionals who work or have worked at firms like Mayer Brown, Crowell & Moring and Pinsent Masons are participating in this year's Olympic Games as a runner, a field hockey player and a water polo referee.
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August 01, 2024
Calif. Justices Block Drivers From Intervening In PAGA Deal
The California Supreme Court ruled Thursday that ride-hail drivers bringing claims under the state's Private Attorneys General Act lack standing to intervene in a separate case that reached a settlement.
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August 01, 2024
Paul Hastings Adds Enviro Atty As Practice Co-Head
An environmental lawyer from Arnold & Porter Kaye Scholer LLP — known for his high-profile work for such clients as BP in connection with the 2010 Deepwater Horizon oil spill — has joined Paul Hastings LLP as a partner and to co-lead its environmental litigation practice.
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July 31, 2024
IRL App Cofounder Hit With SEC Suit Alleging $170M Fraud
The U.S. Securities and Exchange Commission sued the cofounder of media app In Real Life in California federal court on Wednesday, alleging a scheme to sell $170 million in company stock to investors while omitting that the app's growth was fueled by bot-generated traffic, and using company credit cards on personal expenses.
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July 31, 2024
Split 9th Circ. Won't Use New Law To Revive Trafficking Suit
A split Ninth Circuit panel on Wednesday refused to revive a human trafficking suit former Cambodian seafood factory workers launched against a Californian importer, saying a new law that expanded liability after the distributor's summary judgment win didn't apply retroactively.
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July 31, 2024
Live Nation Says In-House Attys Can't Access DOJ Docs
As it warned would be the case, Live Nation is telling a New York federal judge that it has no in-house counsel that will be able to meet his rules on counsel access to highly confidential material in the U.S. Department of Justice's antitrust suit against the live events company.
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July 31, 2024
Tampax, Kotex Tampons Hid Unsafe Lead Levels, Suits Say
Kimberly-Clark and Procter & Gamble were each slapped with putative class actions in California federal court Tuesday claiming that some tampon products contain toxic levels of lead — and that the information was hidden from consumers.
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July 31, 2024
Top California Real Estate News In 2024 So Far
Catch up on the hottest real estate news out of California so far this year, from homeless policy shifts and rent algorithm disputes to a $5 billion mixed-use project and a shareholder activist campaign.
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July 31, 2024
Netflix's Culture Created A 'Sexual' Workplace, Suit Says
Netflix has been hit with a wrongful firing suit in California state court by a former employee who accused it of fostering a workplace environment that's "very sexual in nature," requiring that employees engage in one-on-one meetings that are "nothing more than speed dating" and that subjected her to unwanted advances.
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July 31, 2024
NFL Finds Judge Open To Tossing $4.7B Sunday Ticket Award
A California federal judge appeared open Wednesday to the NFL's argument that he should throw out a jury's stunning $4.7 billion antitrust verdict over the league's Sunday Ticket television package, saying he has "trouble" with the jury's damages award and suggesting that jurors may have disregarded his instructions.
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July 31, 2024
Calif. Bar Says Atty Can't End Billing Scandal's Hacking Claim
A San Fernando Valley attorney cannot escape an ethics charge alleging he plotted to hack the email and phone of a judge overseeing a public utility class action, the California Bar has told the State Bar Court, urging the court to reject the attorney's argument that merely "discussing plans" for a hack is not an offense.
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July 31, 2024
Ackman's New Investment Fund Calls Off Planned $2B IPO
Bill Ackman's new investment fund Pershing Square USA on Wednesday called off its initial public offering just a day after setting a $2 billion fundraising target, which was down significantly from earlier estimates.
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July 31, 2024
HSBC Says HUD Has Closed Fair Lending Probe
HSBC's U.S. banking arm said it is no longer facing a multicity fair lending investigation from federal housing authorities after an outside complaint that prompted the probe was withdrawn.
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July 31, 2024
Apple, Google Dropped From IP Suit Over PUBG Knockoffs
A California federal judge has agreed to dismiss video game publisher Krafton's copyright suit accusing Google and Apple of distributing infringing versions of PlayerUnknown's Battlegrounds on their respective platforms, while Krafton and YouTube said they're close to resolving claims over an infringing film containing game footage.
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July 31, 2024
Justices Urged To Review Airline Price-Fixing Deal Payout
Two class members in a long-running airline price-fixing suit are asking the U.S. Supreme Court to reverse a secondary distribution of over $5 million in settlement money, saying unclaimed funds should have been sent to state treasuries, not class counsel.
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July 31, 2024
Wells Fargo Hit With Suit Over Cash Sweep Program
Wells Fargo was hit with a proposed class action by a customer claiming the bank's cash sweep investment program only allows users to sweep their cash into Wells Fargo-selected accounts, a practice the suit says has drawn regulatory scrutiny because it disproportionately benefits the bank.
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July 31, 2024
Authors' Suit Against OpenAI Trimmed To Copyright Act Claim
A California federal judge on Wednesday cut an unfair competition claim from a proposed class action filed by a group of notable authors alleging that ChatGPT creator OpenAI Inc. is wrongly copying their protected works, a decision that leaves only the lawsuit's claim for direct copyright infringement.
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July 31, 2024
SEC Settles Reg BI Case Against Calif. Broker-Dealer
The U.S. Securities and Exchange Commission announced Wednesday it has agreed to settle allegations that Western International Securities Inc. sold more than $13 million in high-risk debt securities to those with lower risk profiles, marking the potential end of a first-of-its kind enforcement action claiming violations of Regulation Best Interest.
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July 31, 2024
Mortgage Co.'s $300K Wage Deal Gets Initial OK
A California federal judge has given an initial stamp of approval to a $300,000 settlement between a mortgage company and a class of its employees, ending claims that the company failed to pay hourly wages or provide meal and rest breaks.
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July 31, 2024
Cities, States Weigh Homeless Policies Post-Grants Pass
In the weeks since the U.S. Supreme Court ruled that an Oregon city's camping ban doesn't amount to cruel and unusual punishment of its unhoused residents, municipal and state governments are rethinking their approach to homeless encampments and weighing newfound authority.
Expert Analysis
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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.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Key Lessons From Recent Insurance Policy Reform Litigation
A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.
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Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.