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California
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October 09, 2024
Robbins Geller Atty, Fed. Prosecutors Tapped For Calif. Bench
A Robbins Geller Rudman & Dowd LLP partner, former Morgan Lewis & Bockius LLP partner, former Cravath Swaine & Moore LLP associate and federal prosecutors were among California Gov. Gavin Newsom's latest picks for judgeships, according to an announcement made Wednesday.
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October 09, 2024
'Legend' Distributor Tried 'Shell Game' To Duck Bill, Judge Told
French film company StudioCanal's attorney said Wednesday during opening statements of a California bench trial that companies associated with Cross Creek Pictures and its cofounder played a "shell game" by fraudulently avoiding paying millions owed for the North American distribution rights to the 2015 film "Legend."
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October 09, 2024
Uber Can't Claw Back Safety Update Doc In Sex Assault MDL
A California federal magistrate judge ruled Tuesday that Uber can't claw back a "safety criteria" document it accidentally produced in multidistrict litigation accusing the transportation company of failing to prevent drivers from sexually assaulting passengers, saying the document wasn't privileged since it wasn't created for legal advice purposes.
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October 09, 2024
Garth Brooks Accused Of Retaliating After Rape Lawsuit
A hair and makeup artist told a judge Wednesday that Garth Brooks publicly revealed her name out of spite and retaliation after she sued him for rape, urging the court to sanction the country star and his lawyers for this "appalling and malicious behavior."
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October 09, 2024
9th Circ. Upends Healthcare Workers' Montana Vax Law Win
The Ninth Circuit on Wednesday reversed a ruling from a Montana federal judge striking for all healthcare settings a state law that bars discrimination based on vaccine status, calling the claimed harms to healthcare workers and patients "too speculative" to find it conflicted with federal law.
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October 09, 2024
Lamps Plus Pays $4M To Settle Calif. DAs' False Pricing Suit
Home goods chain Lamps Plus Inc. will pay a group of Southern California district attorney's offices $4.1 million to settle civil allegations that the retailer misled consumers with false pricing information, prosecutors announced Wednesday.
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October 09, 2024
9th Circ. Judge Open To Rebooting CoStar Antitrust Fight
A Ninth Circuit judge on a three-judge panel appeared open Wednesday to reviving counterclaims alleging CoStar monopolizes commercial real estate information markets, telling CoStar's counsel repeatedly that the lower court's ruling "reads more like summary judgment" than the granting of a motion to dismiss and improperly draws inferences in favor of CoStar.
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October 09, 2024
9th Circ. Grills Geico, Assignees Over Failed Settlement
A Ninth Circuit panel appeared conflicted over both Geico and a policyholder's assignees' arguments regarding whether the carrier acted in bad faith toward its insured when it prioritized a release of the insured's father-in-law during failed settlement negotiations with the family of a pedestrian fatally struck by the insured driver.
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October 09, 2024
SF Leaders Not Backing City's High Court Case Against EPA
With oral arguments just a week away, the San Francisco Board of Supervisors on Tuesday passed a resolution urging the city attorney to drop a U.S. Supreme Court case against the U.S. Environmental Protection Agency over a Clean Water Act permit.
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October 09, 2024
'San Francisco' In Oakland Airport Name Is Fair Use, Port Says
The Port of Oakland has told a California federal judge that San Francisco's preliminary injunction bid should be rejected as the city is not likely to prevail on its trademark infringement claims over the renaming of Oakland's airport to "San Francisco Bay Oakland International Airport," saying it doesn't create confusion.
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October 09, 2024
9th Circ. Doubts 'Weak' Jeep Transmission Defect Suit
A Ninth Circuit panel appeared skeptical Wednesday about reviving a putative class action over alleged defects in the automatic transmission systems of some Jeep and Dodge car models, with one appellate judge saying the plaintiff has "a weak case."
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October 09, 2024
Settlement Approved For DACA Loan Discrimination Suit
A California federal judge gave the green light to a settlement that will end a proposed class action accusing First Tech Federal Credit Union of denying home loans to recipients of the Deferred Action for Childhood Arrivals program.
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October 09, 2024
Thomson Reuters Gets Initial OK On $27.5M Privacy Suit Deal
A San Francisco federal judge Wednesday preliminarily approved Thomson Reuters' $27.5 million deal to settle a certified class action alleging that the information conglomerate violated the privacy rights of 40 million Californians by secretly collecting their data to sell "cradle-to-grave dossiers."
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October 09, 2024
EPA Will Clean Up 7 Abandoned Mines On Navajo Land
The U.S. Environmental Protection Agency said it has committed to cleaning up seven abandoned uranium mine sites via projects aimed at addressing more than 1 million cubic yards of contaminated soil and restoring approximately 260 acres of Navajo Nation land.
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October 09, 2024
Truckers' $700K Wage Settlement Gets Final Approval
A California federal judge granted final approval of a $700,000 proposed class action settlement between a class of truck drivers, an agricultural product transportation company and a labor contractor, ending the wage lawsuit Wednesday.
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October 09, 2024
Companies' Kratom Supplements Are Addictive, Class Says
A proposed class of buyers is suing Thang Botanicals Inc. and FTLS Holdings in California federal court, alleging that they failed to disclose that their kratom-derived 7ΩHMZ products are as addictive as opioids, if not more.
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October 09, 2024
Girardi Seeks New Fraud Trial Over Memory Issues
Disbarred attorney Tom Girardi has called on a California federal court to overturn his conviction for misappropriating $15 million in client settlement funds, arguing he was not competent to stand trial due to memory problems that left him unable to remember witnesses or even his own attorneys.
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October 09, 2024
Disbarred Calif. Atty To Pay $14M Over Crypto Ponzi Scheme
A disbarred California attorney has been ordered by a Nevada federal judge to pay nearly $14 million in restitution for his role in promoting a $9.5 million cryptocurrency Ponzi scheme.
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October 09, 2024
9th Circ. Rejects Judicial Ethics Complaint Over Case Delays
The Ninth Circuit has tossed an attorney's ethics complaint against a federal district judge accused of failing to promptly rule on a motion to dismiss as part of an alleged pattern of slow rulings by the court.
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October 09, 2024
GSK Settles Nearly All State Zantac Cases For Up To $2.2B
GSK said Wednesday that it will pay up to $2.2 billion to settle roughly 80,000 state court cases claiming Zantac heartburn medication or the generic ranitidine caused them to develop cancer.
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October 09, 2024
Medical Device Service Co. Hits Ch. 11 After Fight With Rival
The parent company of medical device sale and service business Avante Health Solutions filed for Chapter 11 protection in Delaware court, saying prepetition litigation with competitors drained significant resources that led to a default on its secured debt obligations.
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October 08, 2024
Ex-Girardi Keese CFO Inks Plea Deal Over Firm Embezzlement
Girardi Keese's former Chief Financial Officer Christopher K. Kamon reached a plea agreement Tuesday with Los Angeles federal prosecutors, who allege he spearheaded a "side fraud" that bilked millions of dollars from the embattled law firm's accounts behind disbarred attorney Tom Girardi's back.
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October 08, 2024
Western Digital Owes $334M Over Data Security IP, Jury Told
Hard disk drive behemoth Western Digital owes up to $334 million for selling portable data security storage devices that infringe a SPEX Technologies patent, SPEX's attorney told California federal jurors during opening statements Tuesday, while defense counsel said the claimed invention has been in the public domain for years.
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October 08, 2024
Cedars-Sinai OB-GYN Accused Of Abusing, Harassing Patients
A Beverly Hills, California-based obstetrician-gynecologist who practiced at Cedars-Sinai Medical Center has been accused of sexually assaulting, battering and harassing hundreds of patients under his care, according to a suit filed Monday in Los Angeles County Superior Court.
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October 08, 2024
PetroSaudi Says US Not Entitled To All Of $380M Award
A PetroSaudi unit said it wants a California federal court to make clear that only 5% of funds should go to the Biden administration in a dispute over the proceeds of a nearly $380 million arbitral award allegedly tied to embezzled 1Malaysia Development Berhad funds.
Expert Analysis
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The Bank Preemption Ripple Effects After Cantero, Flagstar
The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.
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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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Banking Compliance Takeaways From Joint Agency Statement
Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.
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Assessing The Practicality Of Harris' Affordable Housing Plan
Vice President Kamala Harris' proposed "Build the American Dream" plan to tackle housing affordability issues takes solid recommendations into account and may fare better than California's unsuccessful attempt at a similar program, but the scope of the problem is beyond what a three-point plan can solve, says Brooke Miller at Sheppard Mullin.
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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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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.
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Fed. Circ. Patent Ruling Clarifies Section 101 Procedures
The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.
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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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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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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.