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January 10, 2025
DOJ Sues Airbnb After Host Denied Rental To Mom With Kids
The U.S. Department of Justice on Friday accused Airbnb of violating the Fair Housing Act over allegations that one of the company's hosts refused to rent an apartment in Alabama to a mother because she had three school-aged children.
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January 10, 2025
Feds Back Musk's Microsoft-OpenAI Board Overlap Concerns
The U.S. Department of Justice and Federal Trade Commission weighed in Friday on Elon Musk's California federal lawsuit against OpenAI, arguing that the artificial intelligence research organization and its co-defendant Microsoft can't fight claims of improper board overlap just by saying the overlap has ended.
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January 10, 2025
PowerSchool Blamed For Breach of Student, Teacher Data
The personal data of tens of millions of students, parents and teachers was put at risk last month when hackers were able to worm their way into PowerSchool's systems because the educational software company's security safeguards were not up to snuff, two lawsuits filed in California federal court allege.
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January 10, 2025
Real Estate Recap: REIT Activism, Enviro Policy, Power Woes
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one attorney's expectations for shareholder activism at real estate investment trusts in 2025, the environmental policies that are top of mind for attorneys going into the new year, and the impact power constraints may have on data center gains.
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January 10, 2025
Plex Says Subscriber's Privacy Lawsuit Must Be Arbitrated
Streaming platform Plex is urging a California federal court to nix a proposed data privacy class action, accusing the plaintiffs of using the litigation as a tactic to "coerce" it into settling more than 400 pending arbitrations.
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January 10, 2025
Masimo, Apple Fight Over Watch IP In Post-Bench Trial Briefs
Masimo and Apple have submitted dueling briefs to a California federal judge following a trade secret retrial over health sensing technology in Apple's smartwatches, with Masimo maintaining Apple poached its employees to steal its intellectual property and Apple contending Masimo failed for years to "back up their spurious claims" of misappropriation.
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January 10, 2025
Blue State AGs Urge Walmart To Reinstate DEI Initiatives
A group of Democratic state attorneys general sent a letter to Walmart CEO Doug McMillon on Thursday urging the retail giant to reconsider scrapping diversity, equity and inclusion initiatives, saying such programs "are not just good policy, but in many cases are necessary to comply with the law."
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January 10, 2025
Telescope Indirect Buyers Want $10.6M Fees In Antitrust Fight
Class counsel for a group of indirect purchasers who struck a $32 million settlement with Celestron and other companies in an antitrust case accusing them of conspiring to increase the prices of telescopes asked a California federal judge Thursday to grant $10.67 million in attorney fees and $771,461 in costs.
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January 10, 2025
Columbia Sportswear Tries To Extinguish Patent Challenge
Columbia Sportswear wants a California federal judge to change his mind about letting a rival pursue a defense in a long-running legal fight over a heat lining design patent, saying that "new facts have emerged" about a challenge to that same patent at the patent office.
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January 10, 2025
Patent Partner Leaves Kilpatrick Townsend For K&L Gates
K&L Gates LLP has added to its Orange County, California, office a Kilpatrick Townsend & Stockton LLP partner with a practice of working with Chinese companies looking to file patents with the U.S. Patent and Trademark Office.
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January 10, 2025
Paramount Wants Out Of User's Video Privacy Suit
Paramount Global urged a New York federal court to dismiss a California man's putative class action accusing it of unlawfully sharing streaming platform users' personal information to third parties like Facebook and TikTok, saying the man lodged inadequate theories of disclosure and otherwise consented to the alleged disclosure.
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January 10, 2025
9th Circ. Affirms Dismissal Of Suit Against Hearing Aid Co.
The Ninth Circuit on Friday handed a win to Eargo Inc. and affirmed the dismissal of a securities class action against the hearing aid company, which alleged that the company and its top brass acted with intent to commit insurance billing fraud.
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January 10, 2025
Loggers, Landowners Ask 9th Circ. To Revive Antitrust Suit
A group of loggers and landowners have asked the Ninth Circuit to revive their case accusing Iron Triangle LLC of monopolizing logging and related services in part of the Pacific Northwest after a lower court's dismissal.
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January 10, 2025
Social Media Apps Fail To Trim Calif. Mental Health Mass Tort
Meta Platforms, YouTube, Snap and TikTok have lost a bid to cut failure-to-warn claims from consolidated litigation over their social media platforms' alleged harm to youth mental health, with a California state judge ruling that neither the Communications Decency Act nor the First Amendment bar liability based on an app's own features.
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January 10, 2025
Marlins, Collector Near Deal Over Ohtani's Historic Base
The Miami Marlins appear close to resolving a federal suit brought by a baseball collector who claimed that the team reneged on a deal to sell him a base used in the game that saw Los Angeles Dodgers slugger Shohei Ohtani eclipse 50 home runs and 50 stolen bases in a single season, according to a Friday court filing.
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January 10, 2025
Couple Says EBay, Top Brass Can't Duck Trial In Stalking Suit
A Massachusetts couple argued Friday that eBay Inc. and several of its top executives were at least aware of a harassment campaign perpetrated by employees of the online retailer and should not be let off the liability hook.
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January 10, 2025
Microscope Co. Didn't Infringe UMich Patent, Judge Finds
A California federal judge has held that German microscope company Leica Microsystems Inc. didn't infringe a patent issued to the University of Michigan that covers a new way of measuring fluorescence.
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January 10, 2025
Fired Athletics Exec Slaps USC With Intersectional Bias Suit
The University of Southern California fired a high-ranking Black woman from its athletics department after she complained that her boss made frequent racist and sexist remarks, according to a suit filed in state court that invokes California's new intersectionality bias law.
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January 10, 2025
Ex-Twitter Exec Can't Snag Docs In Bonus Suit
A former senior director of compensation for X Corp., previously known as Twitter, won't be able to recover communications from Twitter management or financial records in his suit alleging unpaid bonuses after Elon Musk took over the company, a California federal magistrate judge ruled.
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January 10, 2025
LA Fire Insured Damages Could Top $20B, JP Morgan Says
Insured losses from wildfires still blazing through Los Angeles could exceed $20 billion, J.P. Morgan analysts said in client notes, a steep increase from the more than $12 billion California insurers incurred from the next costliest spate of wildfires in 2018.
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January 10, 2025
As Lawyers Face Wildfire Losses In LA, Firms Step Up To Help
Amid the tragedy of losing their homes to the wildfires engulfing Los Angeles, attorneys have found hope in the support of their firms and colleagues.
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January 10, 2025
Stellantis Fights To Preserve Suit Over UAW's Strike Threat
Stellantis' North American arm has asked a California federal judge to preserve its lawsuit accusing the United Auto Workers of making an unlawful strike threat, saying even though the union agreed to hold off on striking, the threat could still be a prosecutable contract violation.
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January 10, 2025
Ye Inks $625K Deal To End Misclassification Suit
Ye and his clothing company, Yeezy Apparel LLC, will pay $625,000 to resolve a class action accusing them of incorrectly classifying design workers as independent contractors and thus causing them to lose out on overtime wages, an order in California state court said.
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January 10, 2025
EU Greenlights $35B Synopsys-Ansys Deal With Remedies
The European Commission said Friday it has conditionally approved Synopsys Inc.'s proposed $35 billion acquisition of Ansys Inc. after the companies agreed to certain divestitures, as the megadeal continues to make regulatory progress across jurisdictions.
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January 10, 2025
Taxation With Representation: Kirkland, Davis Polk, Wachtell
In this week's Taxation With Representation, Constellation acquires Calpine, Cintas seeks a deal with UniFirst Corp., Stryker Corp. acquires Inari Medical Inc., and Paychex Inc. buys Paycor.
Expert Analysis
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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Trump, Tariffs And Tech: The Right To Repair In 2025
The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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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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Series
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.