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November 13, 2024
Guardant Atty Accuses Natera CEO Of Dishonesty At Trial
A Guardant Health lawyer on Wednesday accused Natera's CEO of being disingenuous when he testified at trial that a Natera ad campaign was aimed at correcting misleading information Guardant promoted about its competing colorectal cancer tests, exclaiming, "It was about money, wasn't it? Can't you just be honest about that?"
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November 13, 2024
Damages Limited In AGs' Generic Drug Price-Fixing Case
A Connecticut federal judge has nixed some claims against Sandoz Inc. and other generic-drug makers in a massive antitrust and unfair trade practices case filed by state attorneys general, finding that a handful of the enforcers cannot seek damages on behalf of their allegedly injured citizens.
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November 13, 2024
Honey Pot Greenwashes 'Plant-Derived' Products, Suit Says
The Honey Pot Co. faces a proposed false advertising class action filed Tuesday in California federal court by customers who allege its line of organic feminine care products, which includes foam washes, wipes, pads and liners, contain synthetic ingredients, despite being labeled as "plant-derived."
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November 13, 2024
Live Nation Ruling Chills Modern Arbitration, 9th Circ. Told
The Ninth Circuit's recent decision invalidating Live Nation Entertainment Inc. and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims has created "massive uncertainty" and undermines innovative approaches for dealing with abusive mass arbitrations, the live event companies argued in a rehearing petition Tuesday.
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November 13, 2024
Transport Co. Wants To End Calif. Family Separation Suit
Transportation services provider MVM Inc. urged a California federal judge to toss a proposed class action by a father and son who were separated after crossing the border, arguing Tuesday the Trump-era separation policy was enacted by the U.S. government, and that MVM was simply executing its contractual duties.
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November 13, 2024
Store Chain Must Face Customer's Cookie Label Injury Suit
A Japanese convenience store chain can't escape a proposed class action by a shopper who claims she suffered a violent allergic reaction due to its mislabeled cookies made with nuts, a federal judge has ruled, allowing the woman's claims that its other products may be similarly mislabeled.
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November 13, 2024
Split 9th Circ. Won't Ax Injunction In 'Open AI' TM Fight
A man accused by OpenAI of preventing the ChatGPT maker from registering its name as a trademark lost his Ninth Circuit challenge to an injunction blocking him from using the "Open AI" mark while his case is pending.
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November 13, 2024
TikTok Asks To Keep NC AG's Addiction Complaint Redacted
TikTok Inc. is asking a North Carolina state court to keep redacted portions of a complaint by the state alleging that it targets youth to make them compulsive and addicted users, saying parts of the complaint include information from confidential documents and trade secrets.
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November 13, 2024
Fed. Circ. Judges Frown On Custom Emoji Patent
A patent covering the development of customizable emojis died at the Federal Circuit on Wednesday, after judges there rejected an appeal of an administrative board ruling that knocked out all of the patent's claims.
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November 13, 2024
Caitlyn Jenner's Crypto Venture Hit With Investor Suit
Buyers of Olympic gold-medalist Caitlyn Jenner's cryptocurrency token slapped the celebrity with a proposed securities class action in California federal court Wednesday, alleging she failed to register the offering of her $JENNER token and "fraudulently solicited financially unsophisticated investors" to purchase the asset.
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November 13, 2024
9th Circ. Reopens Nevada State Worker's Age Bias Suit
The Ninth Circuit revived a former Nevada state worker's lawsuit claiming she was fired because she was in her 50s, ruling Wednesday that she'd provided enough evidence to cast doubt on the state's assertion that she was let go for being uncooperative.
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November 13, 2024
Insurers Say Hyundai, Kia Should Pay For Combusting Cars
A slew of insurers for owners of certain Hyundai and Kia vehicles are suing the companies in a case removed to California federal court Wednesday, seeking to recoup costs associated with almost a decade of claims for cars that allegedly spontaneously combust and have not been fixed by the manufacturers.
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November 13, 2024
FERC Tells 9th Circ. It Properly Rescinded PG&E Grid Perk
The Federal Energy Regulatory Commission has told the Ninth Circuit it correctly yanked a grid incentive for Pacific Gas & Electric Co. for voluntarily belonging to a regional transmission organization, noting California now mandates the state's major utilities join an RTO.
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November 13, 2024
Firms Seek To Ax 'Retaliatory' Suit Over Arbitration Demands
Two plaintiffs law firms urged a D.C. federal court to toss a suit from two casino-style gaming websites that accuse the firms of filing meritless arbitrations against them, telling a judge during a hearing Wednesday that the litigation is retaliatory and has no ties to Washington, D.C.
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November 13, 2024
Bradley Arant Aims To Toss Malpractice Arbitration Claims
Bradley Arant Boult Cummings LLP and a firm attorney urged a California federal judge to toss a San Diego-based business consulting firm's lawsuit contending the law firm botched an arbitration proceeding with tribal entities, saying the court lacks personal jurisdiction and is an improper venue as the arbitration and legal work largely took place outside the state.
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November 13, 2024
Team Owner Hits United Soccer League With Fraud Suit
The owner of professional soccer team Northern Colorado Hailstorm FL has sued the United Soccer League for fraud in California state court, alleging the league never paid the team prize money for winning the inaugural USL League One Jaegermeister Cup and uses league funds to promote its other products while not helping out its League One teams.
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November 13, 2024
Kilpatrick Cybersecurity Leader Joins BakerHostetler In LA
BakerHostetler has welcomed the cochair of Kilpatrick Townsend & Stockton LLP's cybersecurity, privacy and data governance practice in California, continuing the firm's plan for strategic growth on the West Coast.
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November 13, 2024
Rivian Stock Electrified As $5.8B VW Deal Set Into Motion
Rivian Automotive's stock got a jolt of energy Wednesday after the electric vehicle maker and Volkswagen Group said they were launching a joint venture worth up to $5.8 billion.
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November 13, 2024
Kohl's Accused Of Cheating Calif. Workers Out Of OT, Breaks
Department store chain Kohl's engaged in a series of wage and hour violations in California, including failing to pay overtime to nonexempt employees and failing to provide meal and rest breaks, a worker told a state court.
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November 13, 2024
Jones Day Real Estate Ace Jumps To Greenberg Traurig In LA
Greenberg Traurig LLP is expanding its West Coast real estate team, bringing in a Jones Day real estate transactions pro as a shareholder in its Los Angeles office.
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November 13, 2024
Gibson Dunn 'Titan,' Ex-Solicitor General Theodore Olson Dies
Theodore B. Olson, the founder of Gibson Dunn & Crutcher LLP's appellate and constitutional law practice group and a former U.S. solicitor general, died Wednesday, the law firm announced.
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November 12, 2024
Oakland Airport Must Stop Using 'San Francisco Bay' In Name
The Port of Oakland must stop using "San Francisco Bay" in its international airport's new name, a federal magistrate judge in California ruled Tuesday, saying in a trademark infringement suit that travelers might be confused into thinking the Oakland airport is affiliated or associated with San Francisco International Airport.
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November 12, 2024
Future of Anti-Deepfake Federal Law Is Murky, Panel Says
Panelists at a Los Angeles intellectual property conference that included attorneys and representatives of the U.S. Patent and Trademark Office, the U.S. Copyright Office and Microsoft agreed Tuesday that any federal legislation on deepfake technology must strike the difficult balance of punishing bad actors without stifling innovation.
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November 12, 2024
Masimo Can't Tie Alleged IP Theft To Apple Profits, Expert Says
An Apple expert witness defended the company Tuesday in a California federal bench trial over Masimo's claim that the tech giant stole pulse oximetry trade secrets for its popular smartwatch, testifying Masimo cannot tie any value to the purported secrets and that Apple's profits can't be attributed to the watch's blood oxygen features.
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November 12, 2024
Tech Group Seeks Block Of Calif. Social Media Addiction Law
A tech trade group that has contested a rash of new social media laws around the country launched its latest constitutional challenge Tuesday, targeting a recently enacted California law designed to block online platforms from using algorithms to deliver addictive feeds to children without parental consent.
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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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Atmospheric Rivers: Force Majeure Or Just A Rainy Day?
As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.
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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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Opinion
Flawed Fintiv Rule Should Be Deemed Overreach In Tech Suit
A pending federal lawsuit over the U.S. Patent and Trademark Office's unilateral changes to key elements of the America Invents Act, Apple v. Vidal, could shift the balance of power between Congress and federal agencies, as it could justify future instances of unelected officials unilaterally changing laws, say Patrick Leahy and Bob Goodlatte.
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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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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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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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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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How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet
A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.
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Rare Robinson-Patman Ruling Exhibits Key Antitrust Risk
A rare federal court decision under the Robinson-Patman Act, which prohibits certain kinds of price discrimination, highlights the antitrust risks faced by certain suppliers and is likely to be cited by future plaintiffs and enforcement officials calling for renewed scrutiny of pricing and discounting practices, say attorneys at Baker McKenzie.