Washington

  • June 14, 2024

    Due Process At Stake As Justices Back 2-Step Removal Notice

    The U.S. Supreme Court's decision that immigration hearing notices need not include the time and place of removal hearings for in absentia removal orders to be upheld could lead to further erosion of due process in removal proceedings, experts said.

  • June 14, 2024

    Amazon Slams Co.'s Bid For $180M Interest On $525M IP Win

    Amazon urged an Illinois federal judge Thursday to reject software company Kove IO Inc.'s demand for $180 million in interest and fees on top of a $525 million infringement verdict relating to cloud data storage patents, arguing Kove delayed bringing its case for years since it sought to start a business venture with Amazon.

  • June 14, 2024

    9th Circ. Revives Union Pacific Workers' Disability Bias Suits

    The Ninth Circuit on Friday reversed Union Pacific Railroad's wins in three worker disability discrimination lawsuits involving plaintiffs with color-vision concerns, saying the lower court incorrectly determined that their individual claims were time-barred after an Eighth Circuit decision decertifying a thousands-strong class in similar litigation against the company.

  • June 14, 2024

    Janssen Hit With $150M Verdict In HIV Drug False Claims Suit

    A New Jersey federal jury hit Janssen with a $150 million False Claims Act verdict in a 12-year-old whistleblower suit, finding that the drugmaker violated the federal law as well as 27 related state FCA statutes by illegally profiting from the off-label marketing of two popular Janssen HIV medications.

  • June 14, 2024

    Monsanto Says Wash. Ruling Axes $275M PCB Verdict

    Monsanto has asked a Washington state appeals court to reverse a $275 million verdict against it in a suit over polychlorinated biphenyls exposure at a school site, saying a recent reversal of a $185 million verdict by the court in another case greatly bolsters its argument for another reversal.

  • June 14, 2024

    Makah Tribe Can Resume Hunting Gray Whales

    The Makah Tribe can go back to its long-standing cultural practice of hunting gray whales off the coast of Washington now that the National Oceanic and Atmospheric Administration has authorized it to resume ceremonial and subsistence hunting in line with its treaty rights.

  • June 14, 2024

    Feds, Tribes Say Mill Owners Liable For 150 Years Of Pollution

    The federal government, the state of Washington and a slew of tribes are suing the owners of a shuttered sawmill and a property group that now oversee the sawmill area's development, alleging that for more than a century, hazardous substances from the operation released into Port Gamble Bay and have harmed its natural resources.

  • June 14, 2024

    9th Circ. Balks At Gas Buyers' Price-Fix Fight Over Trump Pact

    A Ninth Circuit panel appeared skeptical Friday of efforts to revive a proposed antitrust class action alleging that Chevron, Exxon Mobil and others fixed gasoline prices following the Trump administration's 2020 oil production deal with Russia and Saudi Arabia, with each judge doubting that federal courts have jurisdiction over the dispute.

  • June 14, 2024

    9th Circ. Won't Recharge Energizer Battery False Ad Suit

    Energizer defeated a proposed class action accusing it of fraudulently touting its AA Max batteries are "up to 50% longer lasting," after the Ninth Circuit said Friday reasonable consumers wouldn't be misled by the statement since it doesn't promise they'll always last 50% longer than competing products in all applications.

  • June 14, 2024

    Justices Endorse 2-Step Notification System For Removals

    The U.S. Supreme Court on Friday said the federal government's practice of issuing multiple notices to migrants to advise them of removal proceedings is acceptable, ruling that in absentia removal orders can't be rescinded when the government fails to provide the location and time of immigration court hearings in a single document.

  • June 13, 2024

    Seattle Port Presses Ex-Police Chief At Trial On HR Bashing

    The Port of Seattle confronted its former police chief on the stand Thursday in attempt to show it lawfully fired him for retaliating against an officer, presenting to jurors an email in which the ex-chief criticized the officer for complaining to HR, "the one place who would give him sanctuary."

  • June 13, 2024

    Co. Says 'Lawyerly Technicalities' Won't Undo $45B DOE Deal

    A joint venture awarded a $45 billion nuclear waste management contract by the U.S. Department of Energy accused a rival joint venture of relying on "lawyerly technicalities" to upend an award it said was ultimately determined by who could perform the work best. 

  • June 13, 2024

    Equipment Maker Looks To Chill Ice Creamery's Use Of Its IP

    A company that holds a patent for making ice cream using cryogenics has accused a Florida franchisor of falsely claiming to operate under a patent, saying in Washington federal court that the dessert purveyor has even been charging franchisees an "intellectual property fee."

  • June 13, 2024

    Costco Hides Lower In-Store Prices, Online Shopper Says

    Costco was hit with a proposed class action in Washington federal court Wednesday alleging the warehouse retailer falsely promises online shoppers it'll notify them when an item sold online is more expensive than the same item available for in-store purchase, but regularly fails to do so.

  • June 13, 2024

    9th Circ. Doubts SPAC Investors Can Sue Lucid Over Merger

    A Ninth Circuit panel appeared skeptical Thursday of investors' bid to revive a proposed class action alleging that Lucid duped them into buying stock in a special-purpose acquisition company ahead of the electric-vehicle maker's $11.75 billion merger, with two of three judges doubting that the SPAC investors have standing to sue.

  • June 13, 2024

    Judge Asks If Amazon Is Doomed To Stay In Wiretapping Suit

    A Washington federal judge questioned Thursday if Amazon Web Services Inc.'s terms of use with Capital One for call center technology "doom" the cloud-computing giant's attempt to avoid a proposed class action accusing it of violating California's wiretapping law.

  • June 13, 2024

    Jury Finds Infringement In Chart Copyright Case

    A Washington federal jury on Thursday found that a software company infringed copyright registrations for a teaching chart, awarding leadership consulting company Enterprise Management Ltd. $8,000 but finding that the infringement was not willful.

  • June 13, 2024

    Tribes Fight BC's Consultation Policy On Aboriginal Rights

    Indigenous nations along British Columbia's U.S. border want a say in projects they claim will threaten the environment and their quality of life after the Canadian province announced plans earlier this year to develop a policy to clarify how tribes located outside the country are consulted on such endeavors.

  • June 13, 2024

    Fintech Remitly Hires Ex-Google Compliance Chief

    Remitly has hired Google's former chief compliance officer to run global compliance and enterprise risk programs at the remittance service, bringing his experience that includes risk leadership positions at TD Ameritrade, Vanguard and Goldman Sachs.

  • June 12, 2024

    FTC's Amazon Prime Trial Moved To June 2025 Amid Doc Fight

    A Washington federal judge agreed Wednesday to push back to June 2025 a high-stakes bench trial over the Federal Trade Commission's claims Amazon.com Inc. tricks consumers into enrolling in its Prime service, delaying the trial by months after the FTC accused Amazon of delaying discovery production.

  • June 12, 2024

    Microsoft, OpenAI Call Papers' Suit A 'Copycat' Of NYT's Case

    OpenAI and Microsoft Corp. have asked a New York federal court to toss the bulk of a copyright complaint from eight newspapers that accuses the companies of stealing their content to develop versions of ChatGPT, contending the lawsuit is modeled after one from The New York Times and saying the allegations mischaracterize the technology.

  • June 12, 2024

    Wash. Urges 9th Circ. To Toss Pot Licensure Challenge

    Washington's cannabis authority has asked the Ninth Circuit to reject an effort by an out-of-state retailer to block the state's social equity program from awarding retail licenses, arguing that a motion for preliminary injunction is moot now that the trial court has tossed the entire lawsuit with prejudice.

  • June 12, 2024

    Oil Cos. Ignore Precedent In Climate Change Row, Tribes Say

    Two Washington tribes seeking to remand their consolidated cases against several oil industry giants to state court say the defendants' arguments of complete preemption in their efforts to keep the climate change litigation in the federal circuit misconstrues precedent, including claims to vindicate aboriginal title.

  • June 12, 2024

    Mobile Game Maker Ruled Liable For Illegal Gambling In Wash.

    Two of High 5 Games' mobile apps are illegal gambling games, a Washington federal judge has ruled in an order that said the "virtual coins" used by players were things of value under Washington law, even though they are sometimes free and can't be cashed in for real money.

  • June 12, 2024

    9th Circ. Questions Arbitration Carveout For AmEx Workers

    A Ninth Circuit panel seemed inclined Wednesday to force four white former American Express employees to arbitrate their proposed class action claims alleging race bias.

Expert Analysis

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • How Legal Teams Can Prep For Life Sciences' Tech Revolution

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    The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Beware Privacy Risks In Training AI Models With Health Data

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    Because data used to train artificial intelligence models may be protected by the Health Insurance Portability and Accountability Act or other regulations, users of these models should conduct proper diligence to avoid costly compliance failures, say Neha Matta and Barbara Bennett at Frost Brown.

  • Opinion

    Courts Shouldn't Credit Allegations From Short-Seller Reports

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    Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • State Regs Sow Discord Between Cannabis, Hemp Industries

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    Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

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