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April 11, 2025
Real Estate Recap: Private Credit, CMBS, Algorithmic Pricing
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including fresh takes on the rise in private credit, a surge in commercial mortgage-backed securities, and the wave of algorithmic pricing laws in the rental market.
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April 11, 2025
Palo Alto Networks Beats Suit Over Competition 'Headwinds'
Cybersecurity company Palo Alto Networks has beaten, for now, a shareholder class action over allegedly concealed "headwinds," with a California federal judge saying Friday that the investors have failed to plead any actionable misstatements or knowledge of wrongdoing by Palo Alto's top brass.
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April 11, 2025
Tether-Backed Crypto Co. Can't Duck Swan's Trade Secrets Suit
A California federal judge has ruled that an entity backed by cryptocurrency Tether can't escape a trade secrets suit from crypto trading firm Swan Bitcoin, which claims the entity reneged on a commitment to provide financing for a bitcoin mining deal and induced Swan employees to quit and steal the firm's proprietary information.
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April 11, 2025
Live Nation, Ticketmaster Can't Nix Consumer Antitrust Suit
A California federal judge Friday denied a bid from Live Nation and Ticketmaster to toss an antitrust case from consumers alleging monopolization of the concert ticketing market, following a tentative ruling issued earlier this week while finding a recent antitrust win for Amazon doesn't translate to the case before him.
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April 11, 2025
Software Co. Freshworks Scores Early Win In IPO Suit
Software company Freshworks Inc. has gotten an early win on proposed investor class action claims that it failed to disclose decelerating revenue and billings growth as it went public in 2021.
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April 11, 2025
CBS Can't Nix Sony's Grab Of 'Jeopardy,' 'Wheel Of Fortune'
A Los Angeles judge on Thursday denied a bid by CBS to block Sony Pictures Television from terminating its agreements that gave CBS exclusive rights to distribute popular game shows "Jeopardy!" and "Wheel of Fortune," but the network is not eliminated from the contest yet as the ruling only denied a preliminary injunction.
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April 11, 2025
Feds Seek Release Of Informant Who Falsely Accused Bidens
California federal prosecutors are seeking the release of a former FBI informant who is serving a six-year prison sentence for falsely telling agents that former President Joe Biden and his son Hunter Biden had accepted bribes from a Ukrainian energy company.
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April 11, 2025
5th Circ. Revives Unfair Competition Fight Over Arthritis Drug
The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.
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April 11, 2025
Forever 21 Can't Tap Cash Collateral In Ch. 11, Creditors Say
The unsecured creditors committee in fast-fashion chain Forever 21's Chapter 11 has challenged the debtor's motion to use cash collateral, telling the Delaware bankruptcy court that the funding bid is part of a plan that would prejudice the group and leave the creditors with insufficient recoveries.
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April 11, 2025
Pot Co. Brings Calif. Labor Peace Law Challenge To 9th Circ.
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements is bringing its legal battle to the Ninth Circuit.
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April 11, 2025
Another Calif. Tribe Files Suit Over $700M Casino Project
A California Native American tribe alleged in District of Columbia federal court that the federal government unlawfully placed land in a trust and approved a $700 million, 160-acre casino resort project that was proposed by another California tribe.
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April 11, 2025
OpenAI Says Co. Sought 'Open AI' TM After It Became Famous
OpenAI has urged a California federal court to find that it holds senior, protectable trademark rights over a company called Open Artificial Intelligence, saying the entity "rushed" to register its name only after the ChatGPT developer began getting media attention about a decade ago.
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April 11, 2025
Ex-BofA Worker Seeks Class Status Over Unpaid PTO
Bank of America applies the same nationwide policy of not paying unused vacation time when employees part ways with the company, a former lending officer said, urging a California federal court to grant her case class certification.
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April 11, 2025
Nikola Corp. Gets OK For $30M Arizona Factory Sale
A Delaware bankruptcy judge Friday gave electric vehicle and hydrogen fueling technology maker Nikola Corp. the go-ahead to sell its Arizona factory and headquarters to electric carmaker Lucid Motors for $30 million.
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April 11, 2025
Off The Bench: A Wait On NIL Settlement, Done Deal In Soccer
In this week's Off The Bench, the big NCAA name, image and likeness settlement still needs more work, a long-awaited settlement between U.S. Soccer and a prominent sports promotion company is completed, and a resolution of the conflict between Northwestern University and its football players is a step closer.
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April 11, 2025
Ex-Girardi CFO Gets 10 Years For 'Devastating' Fraud
A California federal judge sentenced Girardi Keese's former chief financial officer to just over 10 years in prison Friday for aiding firm leader Tom Girardi's $15 million client theft scheme while also embezzling $6 million for himself, saying the two interrelated schemes "had devastating and far-reaching effects."
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April 11, 2025
Mich. Pot Co. Hits Vape Wholesalers With Antitrust Suit
Redbud Roots Inc., which bills itself as Michigan's top craft cannabis cultivator, processor and supplier, is suing a group of vaporizer wholesalers, saying in the antitrust complaint that they have agreed to fix prices and keep competitors out of the market.
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April 10, 2025
Calif. FAIR Plan Denying Wildfire Smoke Coverage, Suit Says
California's "insurer of last resort" has been illegally underpaying or denying smoke damage coverage to homeowners affected by January's Los Angeles-area wildfires, leaving property owners with uninhabitable homes and at risk of serious health issues related to toxin exposure, homeowners alleged in a complaint filed Thursday in California state court.
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April 10, 2025
IP Forecast: Novartis' Entresto Fight Heads To DC Circ.
Novartis will go before the D.C. Circuit next week in the latest legal front in the drug giant's battle to stop generic versions of its blockbuster heart failure drug Entresto. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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April 10, 2025
Jury To Hear Judge Had 48 Guns In Retrial Over Shooting Wife
Jurors in the upcoming retrial of a California jurist accused of murdering his wife while intoxicated can hear that he had 48 firearms and thousands of ammunition rounds in his home, after the presiding judge ruled Thursday it was relevant to show he committed an intentional act he knew was inherently dangerous.
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April 10, 2025
9th Circ. Remands Challenge To Biden-Era Asylum Limits
The Ninth Circuit on Thursday remanded a district court's 2023 vacatur of a Biden-era rule placing limits on asylum so that the lower court can address legal developments, but one circuit judge asserted that the remand was the latest move in an "ongoing game of Supreme Court keep-away."
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April 10, 2025
9th Circ. Open To Sending Invisalign Antitrust Suit To Trial
Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.
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April 10, 2025
Netchoice Wants New Calif. Online Marketplace Law Blocked
Big Tech trade group Netchoice LLC has asked a California federal court to block a new Golden State law requiring online marketplaces to collect information from third-party sellers and report those selling stolen goods, claiming the "onerous" measure will "impose unprecedented and unconstitutional burdens on widely used online services."
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April 10, 2025
Calif. Centers Used 'Body Brokers' In $10M Scam, BCBS Says
Blue Cross Blue Shield of Oklahoma slammed two California recovery centers and their owners with a lawsuit Thursday, alleging they spearheaded a $10 million kickback scheme to employ "body brokers" to find Indigenous patients for substance treatment facilities where they went to appalling lengths to stop them from leaving.
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April 10, 2025
Online Advertising Co. Is Sued Over Use Of Tracking Cookies
Digital advertising firm PubMatic Inc. engaged in vast and unauthorized tracking of the online lives of "hundreds of millions of Americans," which it later shared and sold to third parties, violating state and federal privacy laws, according to a proposed class action filed in California federal court.
Expert Analysis
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.
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Calif. Antitrust Bill Could Alter Enforcement Landscape
If enacted, a recently proposed California bill that would strengthen the state’s antitrust law could signal a notable shift in the U.S. enforcement environment, but questions remain about the types of cases the state could pursue, whether other states will follow suit and more, say attorneys at DLA Piper.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Investor Essentials For Buying Federally Owned Property
Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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What Trump's Order Means For The Legal Status Of IVF
An executive order signed by President Donald Trump last month signals the administration's potential intention to increase protections for in vitro fertilization services, though more concrete actions would be needed to resolve the current uncertainty around IVF access or bring about a binding legal change, says Jeanne Vance at Weintraub Tobin.
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Cross-Border Lessons In Using Hague Evidence Convention
Recent case law demonstrates that securing evidence located abroad requires a strategic approach, including utilization of the Hague Evidence Convention and preparation to justify your chosen evidence-gathering path, say attorneys at Fish & Richardson.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.