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California
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August 08, 2024
TikTok Says Chinese Co. Doesn't Own IP In Trade Secrets Spat
TikTok Inc. has filed 18 affirmative defenses in California federal court in a copyright and trade secrets complaint it faces from a Chinese company that claims the popular social media platform ripped off proprietary information, saying among other things that Beijing Meishe Network Technology Co. Ltd. does not own some or all of the alleged copyrighted works and trade secrets.
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August 08, 2024
Apple Must Produce Docs In Epic Antitrust Fight By Sept. 30
A California federal judge overseeing discovery in Epic Games' antitrust compliance fight with Apple gave the iPhone-maker a Sept. 30 deadline to hand over documentation on its response to foreign antitrust regulations and other internal documents, rejecting Apple's suggested December deadline and calling the 92,000-document review large but "not huge."
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August 08, 2024
Google Says Epic's Own Tech Experts Undermine Remedies
Google continued Wednesday to battle what it says would be a dramatic and costly overhaul of its Play Store if Epic Games is allowed to dictate the terms of an antitrust remedy, telling a California federal judge claims of a cheaper, easier solution are undermined by Epic's own experts.
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August 08, 2024
VC, PE Firm Says Chinese Co. Cost $150M SpaceX Investment
A California-based venture capital and private equity firm has sued a Chinese company in California federal court, claiming Elon Musk's SpaceX rejected its planned $150 million investment after the Chinese company breached its promise to abide by strict confidentiality requirements and instead publicized its involvement in the planned investment.
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August 08, 2024
States, Industry Back High Court Review Of Calif. Waiver
The U.S. Chamber of Commerce, American Petroleum Institute and a group of states led by Iowa are urging the U.S. Supreme Court to reverse the federal government's decision to continue to allow California to set its own vehicle emissions programs.
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August 08, 2024
Cooley Hit With Fla. Malpractice Suit Over Financial Docs
Genetic Networks LLC has sued California-based Cooley LLP in Florida state court, alleging the law firm failed to file documentation needed to secure a lien when preparing loan papers for $1.2 million lent to ECI Pharmaceuticals.
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August 08, 2024
Suspension Recommended For Ex-Calif. Bar Prosecutor
A California State Bar Court judge this week has recommended suspension for a former State Bar prosecutor who failed to disclose that he was moonlighting in private practice alongside disgraced attorney Tom Girardi's son-in-law.
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August 08, 2024
Conn. Judge Says Telecom Can Get $3.5M, Not $61M Interest
CCT Communications can't get the $61 million in interest it sought from a company it's been in dispute with for 14 years after a state judge ruled that Connecticut does not allow interest for breach of contract claims if the interest amounts to a penalty.
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August 08, 2024
FTC Tells 9th Circ. Booksellers Don't Belong In Amazon Case
The Federal Trade Commission and Amazon both urged the Ninth Circuit not to allow a trade association for independent bookstores to intervene in the government's antitrust case against the e-commerce giant, saying the group's claims are too different.
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August 08, 2024
Calif. Attorney Beats DQ Bid Despite Being Potential Witness
A California state appeals court on Wednesday upheld a lower court decision not to disqualify a San Diego lawyer from representing a client in a malpractice suit against a Pasadena law firm, saying the attorney can be counsel and provide witness testimony at the trial.
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August 07, 2024
Exec Unlikely To Get New Trial In SEC's 'Shadow Trading' Suit
A California federal judge said at a hearing Wednesday that he wasn't inclined to grant a new trial in a novel SEC "shadow trading" case, saying "there's no question" that a former executive of Medivation, a pharmaceutical company, knew that he was using inside information from his company when he purchased a rival's stock.
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August 07, 2024
'Something Sketchy Was Going On,' Girardi Client Tells Jury
A man horribly injured in a gas explosion told a Los Angeles federal jury Wednesday that Tom Girardi lied to him for years about the true details of his civil settlement and withheld millions he was owed, but it took him years to figure out "something sketchy was going on."
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August 07, 2024
Investor Asks Justices To Overturn $5.7M Arb. Award Ruling
An investor who put money into an unsuccessful business looking to revolutionize the chemical manufacturing industry urged the U.S. Supreme Court Wednesday to overturn a split Ninth Circuit decision enforcing a $5.7 million arbitration award in favor of that business' founders, arguing the award should never have been issued.
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August 07, 2024
Google Judge To Review Class Attys' $218M Fee Bid Docs
A California federal judge agreed Wednesday to review billing records supporting class counsel's $217.6 million fee bid for cutting a nonmonetary deal with Google to end claims that Google surreptitiously tracked users after Google's counsel claimed the hours were inflated, unjustified and above Google's own $40 million defense legal bill.
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August 07, 2024
Advocates Tell 9th Circ. To Revive Invisalign Monopoly Suit
Competition advocates are backing the revival of a class action accusing the makers of Invisalign of monopolizing the market for clear dental aligners, telling the Ninth Circuit in a new amicus brief that a district court summary judgment ruling for Align Technology creates a dangerous precedent for refusal-to-deal cases.
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August 07, 2024
NTSB Hearing Probes FAA Review, Boeing Quality Control
The Federal Aviation Administration maintained that it is appropriately overseeing Boeing even after years of audits revealed multiple instances of unauthorized work on the aircraft builder's production line, as the National Transportation Safety Board on Wednesday scrutinized company safety and quality control programs during an investigation of the 737 Max 9 jet door plug blowout.
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August 07, 2024
SEC Accuses Urban Commons REIT Founders Of $70M Fraud
The U.S. Securities and Exchange Commission has accused the founders of the Urban Commons real estate investment trust of running a pair of fraud schemes involving investments in U.S.-based hotels that the regulator said collectively cost investors $70 million.
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August 07, 2024
9th Circ. Says Age-Out Suit Not Permissible Before Removal
Indian families waiting for green cards have lost their challenge to a policy that puts their children at risk of aging out of permanent residency, with the Ninth Circuit ruling they can only bring their case after obtaining a deportation order.
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August 07, 2024
Chancery Urges Bickering Journey Bandmates To Open Arms
Attorneys for deadlocked Journey band members Jonathan Cain and Neal Schon should keep the focus on "counseling rather than litigating" and go to trial in September only if they can't find another way to resolve their dispute over company management, a Delaware Chancery Court judge said Wednesday.
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August 07, 2024
'Herculean' Efforts Warrant Max Fee, Debt Firm Trustee Says
A California bankruptcy trustee overseeing the failed debt relief law firm Litigation Practice Group has told the court he deserves the maximum fee amount and possibly a bonus due to the "herculean" efforts of himself and his colleagues — a statement that comes at a time when the bankruptcy estate appears to have little money to pay more than 2,500 creditors.
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August 07, 2024
Apple Loses Fight To Keep Bid For Patent Suit Docs In Del.
Delaware's chief district judge has transferred Apple's bid to force litigation funding company Omni Bridgeway LLC to turn over documents explaining its financial interest in patent litigation against Apple in California to that state, saying he couldn't "think of a good reason" why he should decide the matter.
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August 07, 2024
Gordon Rees Adds Insurance Partner In Orange County Office
Gordon Rees Scully Mansukhani LLP is boosting its insurance team, announcing Wednesday it is bringing on an insurance and liability expert as a partner in its Orange County office in Irvine, California.
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August 07, 2024
CoComelon Attys Score Over $6.6M In Fees, Costs For IP Win
A California federal judge on Tuesday awarded the company behind the popular children's YouTube channel CoComelon more than $6.6 million in fees and costs after its copyright trial win against a Chinese rival, given its "nearly perfect success at trial" and the defendant's "unreasonable arguments throughout the case."
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August 07, 2024
Mortgage Banker Says Experian Can't Tie Him To 'Sham' Suits
A New Jersey-based licensed mortgage banker is urging a California federal judge to let him escape Experian's suit alleging that he helped credit reporting law firms identify clients and created false evidence of a mortgage denial in a nationwide scheme to "extort" the credit reporting agency into settling "sham" lawsuits.
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August 07, 2024
Calif. Judges Cautioned About Recall, Election Comments
The California Supreme Court Committee on Judicial Ethics Opinions is cautioning judges about making comments concerning pending proceedings or decisions that come under fire during a campaign or recall effort, saying such comments can impact the public's perception of judicial integrity.
Expert Analysis
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A Look At Calif. Contract Considerations In Fiji Water Ruling
A California appellate court's recent decision in Carolina Beverage v. Fiji Water, that a party may not seek contractual recovery on the basis of constructive termination, offers a look at contract construction and other considerations on negotiating distribution agreements, says Michael Laszlo at Clark Hill.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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The Current State Of Healthcare Transaction Reviews In Calif.
As of April, certain healthcare transactions in California have been subject to additional notification compliance requirements, and complying with these new rules could significantly delay and discourage some deals, says Andrew Demetriou at Husch Blackwell.
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Big Banks Face Potential Broader Recovery Plan Rules
The Office of the Comptroller of the Currency's recent call for potentially subjecting more banks to recovery planning standards would represent a significant expansion of the scope of the recovery guidelines, and banks that would be affected should assess whether they’re prepared, say attorneys at Debevoise.
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New Laws, Regs Mean More Scrutiny Of Airline Carbon Claims
Recent climate disclosure laws and regulations in the U.S. and Europe mean that scrutiny of airlines' green claims will likely continue to intensify — so carriers must make sure their efforts to reduce carbon emissions through use of sustainable aviation fuel, hydrogen and carbon offsets measure up to their marketing, say attorneys at Morgan Lewis.
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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.