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November 06, 2024
Seattle Judge Wants Plaintiff's Comms In IPad Antitrust Suit
A Seattle federal judge has ordered Hagens Berman Sobol Shapiro LLP to produce its communications with a client who allegedly ghosted the firm before determining if the attorneys may withdraw from representing the class representative in a proposed antitrust class action against Apple and Amazon.
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November 06, 2024
Calif. Truckers Seek Scrub Of State's New Emissions Rule
The California Trucking Association is asking a federal court in the state to give it a win in its challenge to the California Air Resources Board rule requiring that they switch to zero-emissions vehicles, saying the rule is preempted because it will impact trucking rates and routes.
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November 06, 2024
Data Tracking Suit Against California Hospital Gets 'Last' Try
A California federal judge gave a plaintiff "one last opportunity" to amend her proposed class action accusing Santa Clara Valley Medical Center of unlawfully sharing sensitive data with Meta and Google through online tracking tools embedded in its website and patient portal.
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November 06, 2024
Kratom Co. Failed To Warn Of 'Addictive Potential,' Suit Says
The company behind Kryptic Kratom and K-Chill branded supplements was hit with a proposed class action accusing the company concealing the "addictive potential" of kratom, which the suit likens to opioids, morphine and heroin.
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November 06, 2024
Business Groups Urge Calif. Justices To Nix HIV Drug Ruling
Business groups led by the U.S. Chamber of Commerce are asking the California Supreme Court to throw out a suit alleging Gilead Sciences Inc. deprived customers of a safer form of its HIV drug for profits, saying the current ruling creates an untenable duty and liability even when there's no harmful defect in a product.
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November 06, 2024
HP Applicant Gets Pay Posting Suit Sent Back To State Court
A Washington federal judge sent back to state court a job applicant's proposed class action accusing HP of violating state law by failing to include salary ranges in job postings, saying the worker hasn't shown she has standing to pursue the dispute in federal court.
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November 06, 2024
NJ Co. Not Giving Refunds For Lead-Tainted Toys, Suit Claims
Three consumers have alleged in Garden State federal court that New Jersey-based toy-maker Red Toolbox is refusing to issue refunds for a gardening toy set that was recalled because it contained levels of lead that exceed the federal lead paint threshold, according to a proposed class action.
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November 06, 2024
McGuireWoods-Led Teledyne Pays $710M For Defense Assets
Led by McGuireWoods LLP, Teledyne Technologies Inc. said Wednesday it will buy certain aerospace and defense electronics businesses from Excelitas Technologies Corp., guided by Fried Frank Harris Shriver & Jacobson LLP, for $710 million in cash.
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November 06, 2024
9th Circ. Revives Retaliation Suit By Ex-Santa Clara Deputy DA
The Ninth Circuit partially revived a lawsuit by a former Santa Clara County, California, deputy district attorney who alleged First Amendment retaliation when he was unlawfully transferred after publishing an op-ed that disagreed with the views of his boss, the district attorney.
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November 06, 2024
Fake BigLaw Atty Duped Exec Into Wiring $55M, Co. Says
A German rubber product manufacturer is suing a California woman and JPMorgan Chase Bank NA in California federal court alleging a company employee was tricked into wiring more than $54.9 million to at least 18 bank accounts by a fraudster posing as both an Orion executive and a partner at Clifford Chance LLP.
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November 06, 2024
Tesla Defeats Sanctions Bid Over Atty's Mediation Appearance
A widow suing Tesla Inc. for the wrongful death of her late husband can't pursue sanctions against the automaker for allegedly wasting her time in mediation, a California federal judge ruled Wednesday.
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November 06, 2024
Contractors Say Osprey Crash Suit Lacks 'Who, What, When'
The families of five Marines killed in the June 2022 crash of a V-22 Osprey aircraft haven't specified the "who, what, when, where, and how" of an alleged fraud on the U.S. government by three defense contractors, and should lose their claims for misrepresentation and breach of contract, the defendants told a California federal court Tuesday.
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November 06, 2024
LA Says Police Lt.'s Military Leave Support Still Deficient
A retired police lieutenant still failed to support his claims that he was denied a promotion because of his military service despite the court giving him a chance to fix deficiencies in his allegations, the city of Los Angeles told a California federal court.
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November 06, 2024
Gordon Rees Unveils Silicon Valley Office, Its 11th In Calif.
Gordon Rees Scully Mansukhani LLP has opened its newest California office in Palo Alto, in an effort to strengthen the firm's presence in Silicon Valley by providing a "collaboration hub" for attorneys there and a new access point for local clients to connect with the firm's national platform.
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November 06, 2024
Simpson, Clifford Chance Build $4B Blackstone Deal For REIT
Blackstone announced Wednesday it will pay $4 billion to acquire grocery store-focused real estate investment trust Retail Opportunities Investment Corp., in a deal built by respective legal advisers Simpson Thacher & Bartlett LLP and Clifford Chance US LLP.
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November 06, 2024
Calif. Charter School Network Underpaid Workers, Suit Claims
One of the biggest nonprofit free public charter school networks in the U.S., based in California, cheated employees out of wages and overtime, while also employing workers under the age of 16 in hazardous jobs, a Private Attorneys General Act suit claims.
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November 06, 2024
California Hotel Hits Ch. 11 For The 2nd Time In 3 Years
SC SJ Holdings, the owner of a San Jose, California, hotel that previously filed for bankruptcy in 2021, filed for Chapter 11 in a California bankruptcy court with $100 million to $500 million in debt.
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November 06, 2024
Calif. DA Recalled In Latest Blow To Progressive Prosecutors
San Francisco Bay Area residents have voted to recall Alameda County District Attorney Pamela Price less than two years after she took office, following a multimillion-dollar campaign backed by conservative-tied nonprofits that criticized Price's prosecution policies for being overly liberal.
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November 06, 2024
Calif. Voters Won't Rethink City Borrowing Tool For Housing
California voters on Tuesday rejected Proposition 5, a ballot initiative that would have amended the state's constitution to make it easier for municipalities to borrow the money needed to fund affordable housing and infrastructure work.
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November 06, 2024
Tobacco Cos. Side With FDA In Menthol Cigarette Ban Fight
Tobacco giants R.J. Reynolds and Philip Morris have come to the aid of the U.S. Food and Drug Administration in a pair of friend-of-the-court briefs, urging a federal court to toss a suit against the agency over its purported delays in implementing a ban on menthol cigarettes.
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November 05, 2024
How The Patent System May Look After Trump's Return
The U.S. Patent and Trademark Office during Donald Trump's first term as president focused on making the invalidation of patents more difficult, and attorneys say his second administration is likely to do the same following his projected reelection.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
Expert Analysis
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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.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Bankruptcy Courts May Be Budding Open To Cannabis Cases
Two recent California bankruptcy court rulings, denying motions to dismiss the respective debtors' bankruptcies, provide persuasive authority to allow cannabis debtors the protections of federal bankruptcy law, say Noah Weingarten and Bethany Simmons at Loeb & Loeb.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Employers Face Uncertainty After Calif. Justices' Slur Ruling
In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.