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California
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December 12, 2024
JPML Won't Send Infant Formula Suit Back To State Court
The Judicial Panel on Multidistrict Litigation has declined to remand a suit to California state court in an MDL over allegations that the Similac and Enfamil formulas for preterm babies have a higher propensity to cause necrotizing enterocolitis, rejecting the argument by plaintiffs that jurisdiction is lacking.
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December 12, 2024
Garth Brooks Can't Yet Move Rape Claims Out Of California
A California federal judge has denied, for now, Garth Brooks' bid to toss his former hair and makeup artist's Los Angeles rape suit in favor of dealing with the allegations in the Mississippi court where the country music star is leveling related extortion claims.
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December 12, 2024
AGs Launch Gun Violence Crackdown With Glock Suits
New Jersey and Minnesota unveiled lawsuits Thursday against Glock Inc. aimed at ending "once and for all" the homemade machine gun industry, marking the start of a crackdown by a coalition of enforcers looking to hold the firearms industry liable for gun violence.
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December 12, 2024
Luchador Law's Bid For Round 1 TM Win May Be Doomed
A California federal judge appeared ready Thursday to body-slam personal injury firm Luchador Law's bid to quickly toss a trademark lawsuit by a rival firm that owns the trademark for 1-800-LUCHADOR, saying he thinks the word's meaning is in dispute and issuing a tentative ruling denying the motion.
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December 12, 2024
Cooley Wins Bid To Arbitrate Fla. Malpractice Suit
A Florida state judge has granted Cooley LLP's bid to send to arbitration claims by Genetics Networks LLC that the firm failed to file documents needed to secure a lien while preparing $1.2 million in loan papers, ruling that an arbitration agreement covers the issues raised in the company's malpractice suit.
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December 12, 2024
Senate Judiciary Committee Sends Last Nominees To Floor
The Senate Judiciary Committee sent the names of two judicial nominees for California to the full Senate for confirmation on Thursday along party-line votes.
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December 12, 2024
Former CFO Admits To Stealing $1.3M From SF Law Firms
A former chief financial officer of two San Francisco law firms admitted to stealing more than $1.3 million from his former employers via several fraudulent schemes, including redirecting firm payments to a nonprofit organization he set up privately.
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December 12, 2024
Ex-FBI Informant Admits To False Accusations In Biden Case
A former FBI informant accused of making fake criminal accusations against President Joe Biden and his son, Hunter Biden, will plead guilty to tax evasion and falsifying records in a federal investigation, according to a deal filed Thursday in a California federal court.
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December 12, 2024
Ex-Recruitment Firm GC Joins Gordon Rees In San Diego
Gordon Rees Scully Mansukhani LLP has bolstered its employment law practice group with the hiring of a civil litigator who previously worked in-house at a staffing agency.
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December 12, 2024
Calif. Man Indicted In $8.8M Phishing Scheme
A California man was indicted on charges he participated in a phishing email scheme that stole about $8.8 million from bank accounts belonging to businesses, individuals and the town of Bristol, Rhode Island.
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December 12, 2024
Advocacy Group Says NCAA's NIL Deal Not 'Illegal' After All
The advocacy group National College Players Association retracted its condemnation of the NCAA's $2.78 billion settlement of a class action over name, image and likeness compensation, admitting six days after claiming that it broke several states' laws that it "has not been deemed illegal in any way."
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December 12, 2024
Energy Co. Gets Redo Of $150M Power Plant Explosion Trial
A California appeals court has ordered a new trial and vacated a $150 million verdict against Diamond Generating Corp. in a suit by the family of a worker killed in a power plant explosion, saying the jury should have been instructed to determine whether DGC retained enough control over the plant's operations to be held liable.
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December 12, 2024
FTC Dusts Off Price Bias Law In Booze Distributor Suit
The Federal Trade Commission sued Southern Glazer's Wine and Spirits LLC in California federal court on Thursday, dusting off a long-dormant price discrimination law with allegations that the country's largest alcohol distributor offered dramatic and unjustified discounts to large retailers that left smaller stores in the lurch.
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December 12, 2024
JUDGES Act Passes House But Biden Veto Looms
The House voted 236-173 on Thursday to pass a bill to add more judgeships, which tees it up for a likely veto by the president, as many Democrats have soured on the measure after Donald Trump's victory at the polls.
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December 11, 2024
Google Likely Can't Nix Suit Over Collection Of Kids' Data
A California federal magistrate judge indicated Wednesday that Google likely won't be able to escape a proposed class action alleging YouTube illegally collected children's data from targeted ads, saying a seventh version of the complaint sufficiently alleged that the tech giant "engaged in highly offensive conduct."
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December 11, 2024
Latham, Wilson Sonsini Lead ServiceTitan's $625M IPO
Venture-backed software platform ServiceTitan Inc. priced an above-range $625 million initial public offering on Wednesday, guided by Latham & Watkins LLP and underwriters' counsel Wilson Sonsini Goodrich & Rosati PC, likely marking the year's last major IPO.
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December 11, 2024
MDL Judge Rejects Meta's Claim Discovery Is Burdensome
A California federal magistrate judge overseeing discovery in multidistrict litigation over social-media platforms' allegedly addictive designs on Wednesday rejected Meta Platforms' arguments additional discovery sought by personal-injury plaintiffs is overly burdensome, noting that Meta's discovery production pales in comparison to the millions of documents that Meta has demanded from plaintiff states.
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December 11, 2024
Calif. Judge Admonished After Throwing Papers At Atty
California's Commission on Judicial Performance publicly admonished a state judge Tuesday, saying he violated standards of conduct by throwing papers at an attorney in court and by misleading the commission last year about his planned retirement date, purportedly to influence the outcome of a misconduct investigation at that time.
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December 11, 2024
Grocery Store Rulings Back Enforcers' Merger Approach
Federal and state enforcers scored key victories Tuesday with a pair of court rulings blocking the planned $24.6 billion merger between Kroger and Albertsons that largely adopted their allegations about the deal and rejected a proposal to unload nearly 600 stores to save it.
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December 11, 2024
Palo Alto Networks Seeks Exit From Investors' 'Vague' Suit
Cybersecurity company Palo Alto Networks and three of its executives have asked a San Francisco federal judge to toss a consolidated proposed investor class action over allegedly concealed "headwinds," arguing that its investors failed to show they'd known the company would eventually lower certain financial projections.
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December 11, 2024
Ex-Rep. TJ Cox Reaches Plea Deal On Fraud Charges
Former U.S. Rep. T.J. Cox reached a deal with California federal prosecutors and agreed to plead guilty to two charges and pay up to a $3.5 million fine over allegations he stole from his companies and took illegal campaign contributions, according to a plea agreement filed Wednesday.
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December 11, 2024
CFTC Wraps With Last Defendant In IcomTech Crypto Ponzi
The U.S. Commodity Futures Trading Commission's litigation over the IcomTech cryptocurrency Ponzi scheme has come to a close now that a fifth defendant has been ordered to pay restitution for his role in the $3.5 million scheme.
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December 11, 2024
Calif. Judge Approval Puts Biden One Shy Of Trump's Record
The Senate voted 50-47 on Wednesday evening to confirm Judge Noël Wise for the Northern District of California, making her the 233rd lifetime federal judge confirmed under President Joe Biden and putting him one shy of former President Donald Trump's total and making him likely to surpass it with additional confirmations in coming days.
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December 11, 2024
Rock Singer Sues YouTuber For Amplifying Sex Assault Claims
Ronnie Radke, the vocalist for the rock band Falling In Reverse, has sued a music critic with millions of YouTube subscribers for allegedly defaming him by amplifying what he calls false allegations of sexual assault, such as a reference to Radke as "the Bill Cosby of alt music."
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December 11, 2024
Ye's Cos. Default In Another Private School Worker Lawsuit
A California judge held three of Ye's companies in default Wednesday for failing to retain counsel in litigation from a former teacher at the Donda Academy private school, the latest sanction for nonresponsiveness in a slew of employment suits against the rapper previously known as Kanye West.
Expert Analysis
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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.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Fed. Circ. Patent Ruling Clarifies Section 101 Procedures
The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Crypto Gatekeepers May Be The Next Front Of Enforcement
Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opting In To CIPA Risk Mitigation After New Precedent
A recent California federal court decision, adopting a new, broad interpretation of the California Invasion of Privacy Act, will likely increase the volume of CIPA claims and should prompt businesses to undertake certain preventative measures, including adopting an opt-in approach to using third-party website advertising technologies, say attorneys at Thompson Hine.