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California
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November 12, 2024
Designers Can Pursue RICO Claims Against Shein In IP Suit
A California federal judge has ruled that a group of independent designers can pursue racketeering claims against Shein Distribution Corp. and other defendants in a lawsuit where the plaintiffs accuse the online retailer of copyright and trademark infringement for allegedly copying and selling the designers' works.
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November 12, 2024
Ex-Alorica Employees Ask For Class Status In 401(k) Fee Suit
Former Alorica Inc. employees urged a California federal court to sign off on a 4,000-member class in their lawsuit claiming the business process outsourcing company loaded its 401(k) plan with high costs and underperforming investment options.
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November 12, 2024
Chipotle's Portions Are Eating Away Profits, Investor Suit Says
Fast-casual restaurant chain Chipotle has been hit with a proposed shareholder class action alleging the company downplayed concerns about meager portion sizes, an issue the company later acknowledged it would correct, sacrificing profitability.
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November 12, 2024
Valve Can't Speak Directly With Gamers In Antitrust Row
A Washington federal judge has rejected a bid by Valve Corp. to directly contact 624 game buyers named in its suit seeking to block them from further arbitrating antitrust claims, saying the video game seller hasn't pointed to "exceptional circumstances" warranting the clearance to reach out to the defendants outside the presence of legal counsel.
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November 12, 2024
9th Circ. Affirms Insurer's Win In Invalid Exclusion Dispute
Injured third-party claimants seeking coverage for an auto collision under an auto repair company's commercial auto policy are entitled only to minimum limits required under Oregon's Financial Responsibility Laws, the Ninth Circuit has affirmed, rejecting the claimants' argument that the company's $2-million-per-occurrence limit applies instead.
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November 12, 2024
Cardinal Health, Endeavor Group Top Veterans Day M&A Deals
While banks and federal offices were closed on Monday for Veterans Day, some companies were busy at work announcing various M&A transactions, including Cardinal Health's plan to pay a total of $3.9 billion to acquire two separate companies and Endeavor Group's sale of OpenBet and IMG Arena for $450 million.
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November 12, 2024
Feds Want Pasadena Claims Tossed In Caltech Pollution Suit
The U.S. government is urging a California federal court to throw out cross-claims from the city of Pasadena in a suit over groundwater contamination from the Jet Propulsion Laboratory's work in the mid-20th century, saying the city is wrongly conflating claims against the California Institute of Technology and the government.
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November 12, 2024
Polsinelli Adds Kirkland AI And Tech Ace In San Francisco
Polsinelli PC is expanding its West Coast technology transactions team, announcing Tuesday it is bringing in a Kirkland & Ellis LLP data privacy and artificial intelligence expert as a principal in its San Francisco office.
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November 12, 2024
Deloitte In-House Atty Joins Foley & Lardner In LA
Jose Sanchez, a former senior trial counsel in the U.S. Securities and Exchange Commission's Enforcement Division, has joined Foley & Lardner's Los Angeles office following nearly six years in Deloitte's office of the general counsel.
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November 12, 2024
Morgan Lewis M&A Pro Jumps To Baker Botts In Palo Alto
Baker Botts LLP has hired an attorney who previously worked at Morgan Lewis & Bockius LLP, Winston & Strawn LLP and other firms to bolster its mergers and acquisitions practice on the West Coast.
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November 12, 2024
Justices Deny Nurse's Challenge To Labor Preemption
The U.S. Supreme Court turned away a California nurse's challenge to a state court decision rejecting an unfair firing suit Tuesday, declining to take another pass at what sort of labor-related suits plaintiffs may bring in court.
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November 12, 2024
TikTok Refused To Pay Sales Reps Overtime, Court Told
TikTok misclassified its inside sales representatives as overtime-exempt and declined to pay them overtime wages despite their often clocking in far more than 40 hours per week, two former employees told a California federal court.
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November 12, 2024
Supreme Court Won't Revive Youth Climate Suit
The U.S. Supreme Court on Tuesday said it will not undo the Ninth Circuit's order allowing the dismissal of a lawsuit filed by youth plaintiffs who accuse the federal government of endangering their futures with policies that exacerbate climate change.
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November 08, 2024
Apple Didn't Hire Cercacor CTO To Steal Watch IP, Ex-VP Says
A retired Apple executive defended the tech giant Friday in Masimo's trade secret suit over pulse oximetry technology, testifying in California federal court that Apple didn't hire a Masimo spinoff's chief technology office in order to obtain confidential information for the Apple Watch and never received any such information.
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November 08, 2024
Real Estate Recap: Trump, Big 4, Office Demand?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the next Trump administration could affect commercial real estate, where the Big Four brokers saw traction in Q3 and an interesting anomaly in the distressed office market.
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November 08, 2024
LA Waterkeeper Claims BNSF Polluted Waters For Years
BNSF Railway Co. has been discharging polluted stormwater into the waters of Los Angeles County for more than four years, the Los Angeles Waterkeeper has alleged in a new suit.
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November 08, 2024
Ford Buyers Win Cert. Of Some Classes In 'Death Wobble' Suit
A California federal judge certified some subclasses in a product liability class action against Ford over an alleged steering defect known as the "death wobble," but denied certification of a nationwide class and trimmed or partially trimmed 13 of the 30 claims.
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November 08, 2024
Fla. Apparel Distributor Sues Gap Over $378M Bait-And-Switch
A South Florida-based apparel distribution company has brought a $378 million counter-complaint against Gap Inc. in California state court, alleging the clothing retailer threatened to sabotage an initial public offering after pulling a bait-and-switch by sending millions of dollars of oversized, unsellable garments and ruin relationships with existing customers.
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November 08, 2024
Up Next At High Court: Self-Deportation Deadlines & Murder
The U.S. Supreme Court will be closed Monday for Veterans Day, but the justices will return to the bench Tuesday to consider whether a 60-day deadline for immigrants to voluntarily leave the country has a grace period and what evidence is needed to allege securities fraud.
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November 08, 2024
Water Utility Hits PVC Pipe Makers With Price-Fixing Suit
A public water utility on Friday hit some of the nation's largest PVC pipe manufacturers with a class action accusing them of using a commodity pricing service to exchange information and illegally fix prices, claiming the companies reaped "historic profits" at the expense of public utilities.
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November 08, 2024
Cigna Agrees To End Behavioral Health Underpayment Suit
Cigna and a billing contractor have agreed to resolve claims that they violated federal benefits law by colluding to underpay out-of-network claims for substance use disorder treatments, according to a filing in California federal court.
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November 08, 2024
Apple's Cited Rulings Just Cement Old Precedent, Epic Says
What Apple contends are new rulings from a California appeals court and the U.S. Supreme Court are really just affirmations of existing precedent that change nothing about the injunction blocking the iPhone maker's rules against steering users to alternative payment systems, Epic Games has told a California federal judge.
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November 08, 2024
Judge Won't Pause Housing Order In LA Campus Suit
A California federal judge has refused to pause his order requiring the federal government to put out contract offers for the construction of temporary housing on a Los Angeles campus that's at the heart of a class action filed by disabled, homeless military veterans who accused the federal government of misusing the property.
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November 08, 2024
Chancery Tosses Microchip Co.'s Tech Licensor Challenge
A Delaware vice chancellor on Friday dismissed a lawsuit filed by Swiss microchip maker u-blox AG against tech licensor InterDigital Inc., finding among other points that u-blox was barred from moving forward with potentially unsettled claims arising from the same issues in a California federal court case.
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November 08, 2024
Sullivan & Cromwell Fees Questioned In Kidde-Fenwal Ch. 11
Sullivan & Cromwell LLP and the attorney general of California clashed in Delaware bankruptcy court over the firm's interim fee requests for its representation of debtor chemical company Kidde-Fenwal Inc., with the state alleging overbilling and Sullivan & Cromwell claiming California is seeking "payback" for the results of a recent mediation.
Expert Analysis
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Ways Life Sciences Cos. Can Manage Insider Trading Risk
In light of two high-profile insider trading jury decisions against life sciences executives this year, public companies in the sector should revise their policies to account for regulators' new and more expansive theories of liability, says Amy Walsh at Orrick.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Bayer Antitrust Case Hinged On Evolving Market Definition
Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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The Bank Preemption Ripple Effects After Cantero, Flagstar
The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Election Outlook: A Precedent Primer On Content Moderation
With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.
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Banking Compliance Takeaways From Joint Agency Statement
Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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Assessing The Practicality Of Harris' Affordable Housing Plan
Vice President Kamala Harris' proposed "Build the American Dream" plan to tackle housing affordability issues takes solid recommendations into account and may fare better than California's unsuccessful attempt at a similar program, but the scope of the problem is beyond what a three-point plan can solve, says Brooke Miller at Sheppard Mullin.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.