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Washington
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December 09, 2024
Woman Appeals Tax Court's Canadian Debt Ruling To 9th Circ.
A woman appealed to the Ninth Circuit a U.S. Tax Court decision that prevented her from challenging a federal tax lien issued by the Internal Revenue Service to secure her $200,000 tax debt to Canada on behalf of the Canadian government.
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December 06, 2024
Wash. City Says Tribe's ER Shelter Sidesteps Safety Concerns
The city of Toppenish has told a Washington federal judge that the Yakama Nation has no right to use a local property within reservation boundaries to operate a 24-hour emergency cold weather shelter, arguing that building health and safety issues can't be sidestepped.
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December 06, 2024
Life Insurance Investments Aren't Securities, 9th Circ. Told
Agents who sold interests in life insurance policies for Pacific West Capital Group — which struck a $64 million SEC deal to end investment fraud claims — urged the Ninth Circuit on Friday to reverse an order requiring them to pay back some of their commissions, saying the deals weren't investment contracts.
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December 06, 2024
9th Circ. Won't Revisit CR Bard's Patent Misuse Win
The Ninth Circuit declined Friday to rethink its holding that C.R. Bard was allowed to seek royalties on sales of a vascular stent after a U.S. patent had expired, rejecting Atrium Medical Corp.'s rehearing bid in the $53 million bench trial appeal.
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December 06, 2024
GEO Tells 9th Circ. Recent Ruling Backs It In Wage Fight
Private prison contractor The GEO Group Inc. told the Ninth Circuit on Friday that a recent ruling in the same court underscores its assertion that only the federal government can say whether a minimum wage must be paid to detained immigrants participating in a voluntary work program in Tacoma, Washington.
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December 06, 2024
Wash. Justices OK Pilot To Relax Regs For Non-Lawyers
Washington's high court has approved a pilot program that will allow the Evergreen State to loosen rules on who can practice law, with the aim of empowering businesses and organizations not run by lawyers to innovate on providing legal services, and perhaps make them more affordable.
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December 06, 2024
UPS Worker Can't Revive USERRA Retaliation Suit At 9th Circ.
The Ninth Circuit upheld the dismissal of a UPS worker's suit claiming the delivery company stalled his efforts to get back to work after an injury because he sued the business alleging discrimination against service members, finding on Friday that company policy drove the delay.
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December 06, 2024
Real Estate Recap: Valley National, Office Insights, Proptech
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Valley National Bank's $925 million loan portfolio sale, takeaways from office sector activity in 2024, and one BigLaw firm's strategic bet on proptech.
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December 06, 2024
Wash. Judge Rips Attys' 'Expletive-Laden' Calls, 'Petty' Fights
A federal judge in Washington state this week scolded counsel for both parties in a lawsuit against State Farm Fire & Casualty Company, stating that their barbs in briefs and arguments, expletive-laden phone calls and other behavior will no longer be tolerated.
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December 06, 2024
NLRB Judge Greenlights Counting Of Ballots At Cannabis Co.
Ballots challenged in a representation election at a cannabis product manufacturer in Washington state should be counted, a National Labor Relations Board judge concluded, tossing the company's claims that some voters are ineligible because they are agricultural laborers who aren't covered under federal labor law.
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December 05, 2024
Apple Beats ICloud Storage Consumer Claims At 9th Circ.
The Ninth Circuit was unconvinced Wednesday that Apple Inc. traps computer users into paying for additional iCloud storage upon reaching a 5-gigabyte backup limit, declining to revive a putative consumer class action against the technology giant.
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December 05, 2024
Freddie Mac Beats Suit Over Payoff Statement Fees, For Now
A Washington federal judge has tentatively let Freddie Mac off the hook in borrowers' proposed class action alleging loan servicer Nationstar Mortgage illegally charged fees for payoff statements, ruling Thursday that Freddie Mac can't be liable for conduct it didn't authorize — even if it did own one loan at issue.
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December 05, 2024
Amazon Says Section 230 Shields Against Casino App Suit
Amazon said Wednesday a federal judge should toss a proposed class action accusing the e-commerce giant of promoting and selling "social casino" apps that enable illegal gambling, arguing the company is immune under a federal law regulating internet content because it did not create the games.
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December 05, 2024
Infringing Phone Mounts Permanently Blocked In Patent Case
A Washington federal judge agreed on Thursday to block a maker of electronic device mounts from selling certain products that have infringed a patent owned by a rival.
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December 05, 2024
Face-Swapping App Can't Ax Reality TV Star's Suit At 9th Circ.
The Ninth Circuit on Thursday refused to toss a reality TV star's proposed class action accusing a face-swapping app of misusing his likeness, finding his statutory right-of-publicity claim isn't preempted by the federal Copyright Act since the claim involves his likeness and "not a work of authorship."
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December 05, 2024
Yardi Must Face Rent-Fixing Suit With Tough Standard
A Washington federal court has refused to dismiss an antitrust case accusing multifamily building owners of conspiring to use Yardi's revenue management software to inflate rental prices and found the claims should be treated as classic price-fixing allegations.
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December 05, 2024
Justices Told 9th Circ. Got Test Wrong In $1.3B Award Fight
Indian satellite communications company Devas Multimedia and its shareholders have each submitted briefs to the U.S. Supreme Court urging the justices to nix the Ninth Circuit's decision to refuse enforcement of a $1.3 billion arbitral award against a state-owned division of India's space agency.
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December 05, 2024
Wash. Gov.'s Executive Order Backs Tribal Salmon Initiative
Washington Gov. Jay Inslee has, in an executive order, directed state agencies to cooperate with four sovereign tribal nations and Oregon to fulfill commitments to the Columbia Basin Restoration Initiative, which aims to protect salmon and steelhead populations.
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December 05, 2024
9th Circ. Skeptical Starz Ripped Off Play For Strip Club Drama
A Ninth Circuit panel appeared dubious Thursday of a playwright's bid to revive claims that Starz Entertainment copied her stage musical for the strip club drama series "P-Valley," with one of the appellate judges noting that the works "could not be more different."
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December 05, 2024
Audible's Expiring Membership Credits Illegal, Consumer Says
Audible Inc. is the target of a proposed class action accusing the audiobook retailer of selling credits that expire after one year, in violation of Washington consumer law.
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December 05, 2024
Feds Invest $849M For Water Infrastructure Improvements
An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.
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December 05, 2024
GSA To Sell 8 Federal Buildings, Saving Up To $475M
The U.S. General Services Administration has announced plans to offload eight federally owned properties, a move that could potentially save the federal government $475 million over 10 years.
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December 05, 2024
Airbnb Customers Drop 'Assistance Fee' Suit Against Insurers
A proposed class of Airbnb customers permanently dropped a suit accusing two of the company's insurance providers of violating Washington state law by charging an "assistance fee" when selling travel coverage.
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December 05, 2024
DEI Provision Dooms Boeing's 737 Max Plea Deal
A Texas federal judge on Thursday rejected Boeing's plea agreement in its 737 Max criminal conspiracy case, finding flaws in how the U.S. Department of Justice intended to use race and diversity to select an independent compliance monitor to oversee Boeing, and how the court was cut out of that process.
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December 04, 2024
Civil Atty Named Winner Over Judge For Wash. High Court Seat
Civil attorney Sal Mungia has been elected to an open seat on Washington's highest court, edging out Seattle-area municipal judge Dave Larson by less than 1% of the vote, according results from the Nov. 5 election that were finalized on Wednesday.
Expert Analysis
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Best Practices For Chemical Transparency In Supply Chains
A flurry of new and forthcoming regulations in different jurisdictions that require disclosure of potentially hazardous substances used in companies' products and processes will require businesses to take proactive steps to build chemical transparency into their supply chains, and engage robustly and systematically with vendors, says Jillian Stacy at Enhesa.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Skip Versus File: The Patent Dilemma That Costs Millions
In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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5 Steps To Navigating State Laws On Healthcare Transactions
As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Deciphering SEC Disgorgement 4 Years After Liu
Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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9th Circ. Clarifies ERISA Preemption For Healthcare Industry
The Ninth Circuit's recent ruling in Bristol SL Holdings v. Cigna notably clarifies the broad scope of the Employee Retirement Income Security Act's preemption of certain state law causes of action, standing to benefit payors and health plan administrators, say attorneys at Troutman Pepper.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.