The Ninth Circuit on Thursday revived part of a hotel operator's suit accusing two unions of thwarting its efforts to develop two San Diego properties, saying the district court prematurely dismissed a claim that the unions abused their protest rights to stop a project at SeaWorld.
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SATURDAY, JANUARY 4, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

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9th Circ. Revives Cos.' Suit Over Unions' SeaWorld Lobbying

By Braden Campbell

The Ninth Circuit on Thursday revived part of a hotel operator's suit accusing two unions of thwarting its efforts to develop two San Diego properties, saying the district court prematurely dismissed a claim that the unions abused their protest rights to stop a project at SeaWorld.

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FTC Asks 5th Circ. To Revive Noncompete Ban

By Lauren Berg

The Federal Trade Commission told the Fifth Circuit on Thursday the agency is authorized to make rules like the one that would ban enforcement of most employee noncompetes, arguing that a Texas district court took a "cramped view" of the agency's authority to promulgate rules that define unfair competition methods.

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Dartmouth Men's Basketball Players End Unionization Push

By Braden Campbell

The men's basketball players behind a union push at Dartmouth College have ended that effort amid uncertainty over whether a Republican-led labor board would uphold the landmark decision that let them vote to unionize.

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Uber Can't Hold Off Seattle Driver Deactivation Law

By Rachel Riley

A Washington federal judge denied Uber's bid to temporarily bar the city of Seattle from enforcing new app-based worker account deactivation rules against it, finding the day before the challenged ordinance took effect that the company is unlikely to succeed in its claims of a First Amendment violation.

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'It Ends With Us' Director Sues NYT Over Blake Lively Story

By Rachel Scharf

"It Ends With Us" director and actor Justin Baldoni has filed a $250 million defamation lawsuit accusing The New York Times of amplifying co-star Blake Lively's "unverified and self-serving narrative" that he orchestrated a public relations smear campaign in retaliation for sexual harassment complaints.

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DISCRIMINATION

Ex-Trader Joe's Exec Can't Revive Sex Bias Suit At 2nd Circ.

By Grace Elletson

The Second Circuit backed the dismissal Thursday of a Trader Joe's executive's suit claiming she was fired out of sex bias, stating she failed to put forward proof that her termination resulted from discrimination rather than her decision to take a vacation during the onset of the COVID-19 pandemic.

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9th Circ. Says Religious Carveout Sinks Kosher Worker's Suit

By Patrick Hoff

A religious exception shielding religious entities from certain claims applies to jobs at an Orthodox Jewish organization ensuring that food is kept kosher, the Ninth Circuit ruled, upholding the dismissal of a worker's lawsuit claiming he missed out on thousands of dollars in overtime pay.

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Ex-Defender Asks 4th Circ. To Force Back Harvard Profs, Attys

By Hayley Fowler

A former assistant public defender in North Carolina who lost her case accusing the judiciary of violating her equal protection and due process rights has doubled down on an attempt to reinstate her legal team of Harvard Law School professors and litigators who abruptly abandoned the case just before trial.

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Mass. Atty Accused Of Botching Bias Case, Misleading Client

By Julie Manganis

A Massachusetts woman says a prominent Boston attorney mishandled her age and gender bias complaint, then misled her about the viability of the case for several years while convincing her to let him rent a home she owned at a discount in lieu of additional litigation costs.

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Mich. Justices OK Atty Fees As Legal Malpractice Damages

By Carolyn Muyskens

The Michigan Supreme Court has held that clients can recover legal fees incurred as a result of an attorney's malpractice, finding that such fees are not barred by the American rule, under which parties to litigation must generally bear their own legal costs.

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LABOR

9th Circ. Won't Revive Nonprofit's Union Dues Deduction Fight

By Gina Kim

The Ninth Circuit refused to reinstate a conservative nonprofit's suit accusing Teamsters unions representing Washington state employees of committing constitutional violations by allegedly ignoring the nonprofit's mail containing dues revocation cards, concluding that refusal to accept such mail isn't a state action, and the unions aren't state actors.

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EXPERT ANALYSIS

Lessons Learned From 2024's Top ADA Decisions

Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

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Lessons From The SEC's 2024 Crackdown On AI Washing

AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.

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PRACTICAL GUIDANCE

Identifying Deepfakes During Evidence Collection, Discovery

Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

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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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LEGAL INDUSTRY

Bonus Spotlight

Holland & Knight Matches BigLaw Bonuses In Major Markets

By Anna Sanders

Holland & Knight LLP announced associates in major U.S. markets will receive year-end and special bonuses matching those given by other BigLaw firms, with attorneys working in regional offices making smaller figures, according to a report.

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Biden Honors Del. Jurist For Role In Brown V. Board Ruling

By Jeff Montgomery

President Joe Biden issued a top civilian award, posthumously, to former Chancellor Collins J. Seitz of Delaware Chancery Court, father of the state's current chief justice, for his role in decisions woven into the U.S. Supreme Court's landmark 1954 Brown v. Board of Education ruling.

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Clyde & Co. Merges With Dallas Insurance Boutique

By Emily Sawicki

Clyde & Co. LLP has announced a merger with Dallas boutique Tillman Batchelor LLP, expanding the global law firm's insurance capabilities in Texas amid its ongoing growth in North America.

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Taft Hired BCLP Comms Director Ahead Of Merger

By Andrea Keckley

Once its merger with Sherman & Howard LLC became effective at the start of the new year, Taft Stettinius & Hollister LLP announced Thursday it had hired Bryan Cave Leighton Paisner's former director of communications.

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AI Chatbots Will Transform Legal Scholarship, AI Chatbot Says

By Matt Perez

Generative artificial intelligence like OpenAI's ChatGPT software will redefine legal scholarship, according to a new paper primarily produced by the chatbot.

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States Debate High Court Solution To Election Map Catch-22

By Katie Buehler

Louisiana has implored the U.S. Supreme Court to decisively resolve litigation over its federal election map in one of three ways, suggesting the justices could toss the case on standing, decide the merits, or, preferably, find that federal courts have no role in refereeing redistricting disputes.

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Ex-GMU Prof.'s Accusers Say He Can't Prove $108M Damages

By Aebra Coe

Former FTC Commissioner Joshua Wright allegedly failed to provide information to back his $108 million defamation damages claim and then walked out of a deposition, according to a Virginia court filing by two former students whom Wright sued over their statements to Law360.

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Atty Wants Free Speech Suit Over Tenn. Court Rule Kept Alive

By Jack Karp

A free speech challenge to a Middle District of Tennessee rule barring attorneys from making "any extrajudicial statements" about cases in the district should be allowed to move forward since the court is not entitled to sovereign immunity, according to the Nashville civil rights lawyer behind the suit.

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Giuliani Says Memory Faulty In Meandering NY Contempt Row

By Pete Brush

A Manhattan federal judge mulled a bid to hold Rudy Giuliani in contempt of a $148 million defamation judgment Friday, during a day of sparring in which the former New York City mayor repeatedly told counsel for two defamed Georgia poll workers that he doesn't remember case details.

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Battling Berts: Judge Enjoins Ga. Law Firm In Trademark Row

By Kelcey Caulder

A Georgia federal judge Friday temporarily barred an Atlanta-based law firm from advertising and promoting its personal injury legal services through messaging like "If You're Hurt ... Call Bert!" and "If You're Hurt, Call Bert," ruling that it is too similar to another personal injury firm's trademarked slogan.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

How to deal with diversity, climate change and artificial intelligence are the key issues giving general counsel night terrors at the start of the new year. And in Delaware, the Chancery Court is allowing a stockholder suit to move forward against Fox Corp., related to its false reports of voting fraud in 2020.

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UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

This past week in London has seen Chris Eubank Jr. hit with a libel claim from a boxing promoter, a perfume boss face proceedings from his businesses following sanctions violations claims, and Israeli broadcasters file intellectual property claims against BT and Sky. Here, Law360 looks at these and other new claims in the U.K.

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LAW FIRMS IN TODAY'S NEWS

Altshuler Berzon

Barnard Iglitzin

Beale & Co. Solicitors

Bert Brock Law

Binnall Law Group

Bird & Bird

Blaske & Blaske

Brabners LLP

Bradley Arant

Bryan Cave

Clark Hill

Clyde & Co

Cohen Weiss

Complex Appellate Litigation Group

Conklin Benham

Covington & Burling

DLA Piper

DWF LLP

Davis Wright Tremaine

Dechert LLP

Dentons

DuBose Miller

Eversheds Sutherland

Fillmore Law Firm

Freshfields

Garrison Levin-Epstein

Gibson Dunn

Goodwin Procter

Graves Garrett

Gray Cary

Hancock Daniel

Harrison LLP

Higgs Fletcher

Hill Dickinson

Hirschler

Hogan Lovells

Holland & Knight

Irwin Mitchell

Jackson Lewis PC

Jenner & Block

Katten Muchin

Kazarian Law

Keoghs LLP

Keystone Law

Kirkland & Ellis

Lewis Silkin

Liner Freedman

Littler Mendelson

Maddin Hauser

Manatt Phelps

Massumi & Consoli

McCracken Stemerman

McDermott Will & Emery

Milbank LLP

Milner & Krupski

MoginRubin

Morgan Brown & Joy LLP

Morgan Lewis

Mullin Hoard

Neal Gerber

Norton Rose

Parnall Law Firm

Paul Weiss

Peacock Law PC

Penningtons Manches

Perkins Coie

Pinsent Masons

Quainton Law

Quicker Law LLC

Quinn Emanuel

Roythornes Solicitors

Saxton & Stump

Sedgwick LLP

Seyfarth Shaw

Simmons & Simmons

Sullivan & Cromwell

Summit Law Group

Taft Stettinius

Trowers & Hamlins

Vasseghi Law

White & Case

Wiggin & Dana

Willkie Farr

COMPANIES IN TODAY'S NEWS

ARK Investment Management LLC

Amazon.com Inc.

American Civil Liberties Union

American Civil Liberties Union of Louisiana

Anthropic PBC

Apple Inc.

Aspen Insurance Holdings Ltd.

Chevron Corp.

CoreCivic Inc.

Digital River Inc.

DuckDuckGo Inc.

EE Ltd.

ESPN Inc.

Ecolab Inc.

Emirates NBD Bank PJSC

Exceed Company Ltd.

Fast Co. & Inc.

Fox Corp.

Getty Images Holdings Inc.

Google LLC

Instacart

Institute for Justice

International Brotherhood of Teamsters

LG Electronics Inc.

LexisNexis Legal & Professional

LinkedIn Corp.

Martignetti Cos.

Microsoft Corp.

Mozilla Corp.

NAACP Legal Defense & Educational Fund Inc.

National Association for the Advancement of Colored People

National Collegiate Athletic Association

National Congress of American Indians

New Civil Liberties Alliance

Public Joint Stock Co. Gazprom

RELX PLC

ROSS Intelligence

Ryan LLC

Samsung Electronics Co. Ltd.

Service Employees International Union

Snap Inc.

Social Science Research Network

TUI AG

Talktalk Telecom Group PLC

Tesla Inc.

The Conference Board Inc.

The Kroger Co.

The Lawyers' Committee for Civil Rights Under Law

The New York Times Co.

Thomson Reuters Corp.

Trader Joe's Co.

U.S. Chamber of Commerce

UNITE HERE

Uber Technologies Inc.

Virgin Media Inc.

Walmart Inc.

Weber Shandwick Worldwide Inc.

Willis Towers Watson PLC

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Civil Rights Department

Commonwealth of Massachusetts

Delaware Court of Chancery

Equal Employment Opportunity Commission

Executive Office of the President

Federal Bureau of Investigation

Federal Trade Commission

Georgia Supreme Court

Judicial Conference of the United States

Los Angeles Superior Court

Massachusetts Commission Against Discrimination

Michigan Supreme Court

National Labor Relations Board

New York Supreme Court, New York County

U.S. Attorney's Office for the Western District of Kentucky

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Justice

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Louisiana

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Louisiana

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

UK High Court

United States District Court for the District of Montana

Washington Attorney General's Office

World Health Organization