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Washington
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September 11, 2024
Litigation Spending To Rise As Cases Grow More Aggressive
A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.
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September 11, 2024
The Firms That Handle The Most Trade Secrets Work
Gordon Rees remains the most active law firm representing plaintiffs in trade secrets disputes, according to a new report by Lex Machina analyzing a three-year period from 2021 to 2023, while Littler Mendelson continues to lead the pack on the defendants' side during that same timeframe.
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September 11, 2024
Sprout Foods Can't Get 9th Circ. Redo In Baby Food Label Suit
A split Ninth Circuit panel declined Tuesday to rethink its decision that federal law doesn't preempt a couple's California state law claim over allegedly misleading nutrition labels on Sprout Foods baby food labels.
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September 11, 2024
Uber, Postmates Ask Justices To Address AB 5 Classifications
Postmates and Uber urged the U.S. Supreme Court to reverse the Ninth Circuit's decision dismissing their constitutional challenge to California's worker classification law, arguing that A.B. 5 singles them out and strips them of equal protection under the law, according to their petition to the high court.
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September 11, 2024
NLRB Slaps Amazon For Settlement Violations in NY, Ill.
Amazon violated an unfair labor practice settlement it reached with the National Labor Relations Board when it issued a policy restricting employees' off-duty access to facilities in Illinois and New York, the board ruled, ordering the company to rescind the policy and properly inform workers of their organizing rights.
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September 11, 2024
Education Tech Co. Settles EEOC Pay Bias Probe
Boxlight Inc. agreed to change its policies and have a third-party auditor examine its pay practices after a U.S. Equal Employment Opportunity Commission investigation found the education technology company willfully underpaid a female manager, the EEOC said.
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September 10, 2024
80 Hospitals Sue HHS Over 'Part C Days' Payment Rule
Scores of hospitals in Texas, California, Ohio, and other states sued the U.S. Department of Health and Human Services on Monday in a District of Columbia federal court over denied appeals that had sought additional Medicare payments for inpatient services.
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September 10, 2024
42 AGs Back Call For Social Media Warning Label Law
A bipartisan group of 42 attorneys general urged Congress on Tuesday to introduce warning labels on social media platforms in a bid to tackle risks posed to young people's mental health.
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September 10, 2024
Atlanta Consultant Didn't Deal With Cyber Hackers, Suit Says
An Atlanta-based insurance industry consulting firm failed to negotiate with hackers and didn't pay a ransom to protect user data after its network was compromised, despite promises to keep customer information safe, according to a proposed class action filed Tuesday.
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September 10, 2024
Ugg Maker Ends IP Boot Suit Against Costco
Deckers Outdoor Corp. has dropped its suit in California federal court accusing Costco Wholesale Corp. of infringing a design patent and trade dress for Ugg "Classic Ultra Mini" boots with the retailer's Kirkland-branded footwear.
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September 10, 2024
Amazon Must Trim 'Halo' TM For EU Market
Amazon Technologies could not convince the EU's intellectual property office to let it register trademarks for "halo" unscathed, with the office backing a Californian health technology company's bid to trim key protections for medical monitoring devices and health assessment services.
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September 10, 2024
T-Mobile Can't Change 4th Circ. Loss In 'Simply Prepaid' Fight
T-Mobile failed Tuesday to undercut a Fourth Circuit decision that revived a Virginia-based cellphone company's infringement claims over the phrase "Simply Prepaid," with a panel of judges declining to grant the telecommunications giant's request for a second look.
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September 10, 2024
Free Speech Or Bad Medicine? The Abortion 'Reversal' Battle
The marketing of abortion pill "reversal" — a treatment doubted by medical groups but touted by anti-abortion advocates — is facing increased scrutiny from state attorneys general, triggering legal skirmishes in at least four states centered on First Amendment rights and consumer protection laws.
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September 10, 2024
Kennedys Opens New Offices In LA, Seattle Amid US Growth
Kennedys Law LLP said Tuesday it has opened new offices in Los Angeles and Seattle as the firm looks to build on its accelerating U.S. growth.
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September 09, 2024
Judge Again Says Yearbook Site Can't Force Arbitration
A Washington federal judge has said the company behind Classmates.com can't force a privacy rights suit into arbitration, in a ruling that determined the plaintiff's attorney opted out of a terms-of-service provision.
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September 09, 2024
Wash. Justices Disbar Atty For Theft From Cannabis Investors
Washington state's high court has ordered an attorney be disbarred for mishandling client funds, lying to investors who poured hundreds of thousands of dollars into a cannabis venture and failing to disclose conflicts of interest, adopting the state bar association's disciplinary recommendations despite objections from the lawyer.
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September 09, 2024
Wash. Ends First Inspection Effort Against GEO Group
Washington State has dropped its original bid to force private prison operator The GEO Group to allow its health agency to conduct spot inspections at an immigrant detention facility, after it launched a new suit alleging officials had been blocked from entering.
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September 09, 2024
Colo. Justices Rule Amazon's Holiday Pay Must Be In OT Math
Amazon's holiday incentive pay is the type of compensation Colorado wage law requires to be included in overtime calculations, the state Supreme Court ruled Monday, agreeing with warehouse workers that the incentive pay needed to be included in their regular rate when calculating overtime.
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September 09, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery made some expensive decisions last week, ranging from a $130 million stockholder award and a freeze on $450 million in equity financing to a whopping $1 billion bill for fraud and breach of contract damages. New cases aimed at Virgin Galactic, settlements pulled in Hemisphere Media Group Inc. and court hearings involving Apollo Global Management heated up. In case you missed it, here's the roundup of news from Delaware's Court of Chancery.
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September 09, 2024
Ballard Spahr, Lane Powell Strike Deal To Combine
Philadelphia-founded Ballard Spahr LLP and Seattle-based Lane Powell PC announced on Monday their plans to merge and form a combined firm with more than 750 lawyers under the Ballard Spahr name.
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September 06, 2024
ZoomInfo Sued By Investor Over Post-Lockdown Biz Pressure
Software company ZoomInfo Technologies Inc. has been hit with an investor proposed class action in Washington federal court alleging it hurt investors and its own reputation as it took desperate measures to maintain an early-pandemic customer boom and ultimately wrote down $33 million because of improperly recognized revenue.
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September 06, 2024
9th Circ. Says Immigration Board Mischaracterized Calif. Law
A split Ninth Circuit panel ordered the Board of Immigration Appeals on Friday to reconsider a Jamaican man's request to reopen his removal case, saying the board mischaracterized the California law under which the conviction that formed the basis of his removal was vacated.
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September 06, 2024
Starbucks Finds Interest For Appeal In Shareholder Suit
A Washington Court of Appeals commissioner suggested to two Starbucks shareholders on Friday that their lawsuit must "do more than what it does" as of now if they want to accuse corporate leadership of responding illegally to barista unionization, hinting the court will likely take up the coffee giant's appeal.
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September 06, 2024
Boeing Loses Bid To Toss Investor Suit Over Blowout
A Virginia federal judge gave the green light to Boeing investors to continue their securities fraud proposed class suit against the company over one of its planes' midair door blowout in January, rejecting the aerospace giant's motion to dismiss and telling Boeing it had a "real problem" on its hands.
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September 06, 2024
Airline Asks 9th Circ. Panel To Reconsider Military Leave Suit
A Ninth Circuit panel didn't address whether a former Alaska Airlines pilot advanced enough evidence to show the airline denied him accrued vacation and sick time while on military stints, the company said, urging the panel to revisit its decision flipping the airline's earlier win.
Expert Analysis
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Finding Coverage For Online Retail Privacy Class Actions
Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.
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Employers Should Not Neglect Paid Military Leave Compliance
An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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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 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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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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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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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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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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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.