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February 28, 2025
Dartmouth Wants Fed. Circ. To Ax Fees After Vitamin IP Loss
Dartmouth College is appealing a Delaware federal court's $9.1 million fee award after losing a fight over milk vitamins patented by a biochemist at the school, telling the Federal Circuit that there is no reason it should have presumed that the patents it asserted were "worthless."
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February 28, 2025
Beyond Meat Fries Investors' Fast-Food Production Woes Suit
A Los Angeles federal judge has tossed, for good, a reworked investor class action accusing Beyond Meat of concealing major problems with its efforts to scale production on plant-based meat substitutes for fast-food chains like McDonald's, KFC and Pizza Hut.
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February 28, 2025
Off The Bench: Trans Ban Recusal Bid, Wemby Spat, Fox Suit
In this week's Off The Bench, a Colorado federal judge won't recuse himself from a case centering on a transgender athlete over his pronoun use, the sale of a high-profile Victor Wembanyama jersey will go forward despite feverish litigation and a sprawling harassment suit against Fox Sports is shuffled from federal to state court.
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February 28, 2025
Shake Shack Sued Over 'Deceptive' Delivery Fees
Shake Shack Inc. charges its customers "deceptive fees" when they use the fast casual chain's website and app to order food delivery, according to a proposed class action removed to California federal court.
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February 28, 2025
Feds Say Tribes Can't Block New Oregon Casino
The federal government and an Oregon Native American tribe are pushing back on a bid from three other tribes to block the operation of a new casino in Oregon, telling the D.C. Circuit that the tribes filed their emergency motion improperly and are likely to lose on the merits of their case.
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February 28, 2025
Aimmune Shareholders' $27.5M Deal Over Sale To Nestle OK'd
Aimmune Therapeutics Inc. stockholders won preliminary approval in California federal court on Friday for a $27.5 million settlement of their securities fraud class action alleging that Aimmune was falsely undervalued before its merger with Nestlé Health Science SA.
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February 28, 2025
Software Engineer Faces Prison For Sharing Info With China
A Southern California man has pled guilty to downloading sensitive technology from a former employer and using it to market his own competing business to a company in China, according to a statement from the U.S. Department of Justice.
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February 28, 2025
NY Man Found Guilty Of $7M Crypto Investment Scheme
A New York man has been found guilty by a California federal jury of 14 counts related to allegations that he stole millions of dollars' worth of investment funds and moved them to sports betting sites located outside the U.S.
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February 28, 2025
Online Test Proctor Sued Over Calif. Bar Exam Malfunctions
ProctorU Inc., which does business as Meazure Learning, was hit with a nationwide class action in California federal court Thursday for its alleged failure to properly administer the state's February bar exam, despite mounting technical issues during the run-up to the test.
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February 28, 2025
DA Eyes Type Of Weinstein Evidence That Sank 1st Verdict
Manhattan prosecutors preparing to retry Harvey Weinstein want a jury to hear about alleged sexual assaults by the jailed Hollywood mogul that are not part of his indictment — the same kind of testimony that doomed his original conviction on appeal.
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February 28, 2025
Audit Finds Calif. Bar Backlog Growing Amid Budget Crunch
With more than one in three attorney discipline cases considered "backlogged" as of late 2023, the State Bar of California must do more to move cases forward while continuing belt-tightening to shore up finances after years of general fund deficits put it into a "strained financial position," the California State Auditor reports.
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February 28, 2025
Adobe Hit With Age Bias Claim By Former Sales Manager
A former Adobe sales manager was sidelined and then fired after reporting a supervisor's comments on his age to human resources, according to a lawsuit filed in Massachusetts state court.
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February 28, 2025
GOP Rep. Reintroduces The JUDGES Act
The chair of the House Judiciary Committee's courts panel has reintroduced a bill to create 66 new and temporary federal judgeships, which former President Joe Biden vetoed at the end of last year.
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February 28, 2025
Goodwin, White & Case Build BridgeBio's $949M SPAC Deal
Clinical-stage biopharmaceutical company BridgeBio Oncology Therapeutics, advised by Goodwin Procter LLP, on Friday announced plans to go public via a merger with special purpose acquisition company Helix Acquisition Corp. II, advised by White & Case LLP, in a deal that gives the combined business an implied pro forma enterprise value of $949 million.
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February 28, 2025
Calif. Man To Admit $1.2M Stan Lee Merch Tax Fraud
A California man has agreed to plead guilty to filing false tax returns related to $1.2 million in income he made from selling memorabilia signed by late Marvel Comics writer and publisher Stan Lee.
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February 27, 2025
Split 9th Circ. Won't Let ClassPass Arbitrate Auto-Renew Fight
A split Ninth Circuit panel Thursday refused to send a proposed class action challenging ClassPass' subscription auto-renewal practices to arbitration, with the majority concluding that its online notices are too "muddled" while a dissenting judge slammed the majority's opinion for purportedly sowing "great uncertainty" in what constitutes a conspicuous notice.
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February 27, 2025
Ford's Electric Mustang Can Trap Occupants, Drivers Say
The Ford Motor Co.'s electric Mustang's electronically latched doors could pose a significant danger and trap the car's occupants in the event of a battery failure or loss of power to the vehicle, according to a proposed class action filed Thursday in California federal court.
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February 27, 2025
Meta's Held-Back Docs In AI Suit Merit Discovery, Authors Say
The California federal judge overseeing a proposed class action claiming Meta Platforms Inc. is using copyrighted material to train its large language model product said Thursday he will consider allowing the author plaintiffs more discovery in response to the tech giant's assertion that it had "inadvertently" held back up some 18,000 documents.
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February 27, 2025
States Say DOD Transgender Ban Puts Public Safety At Risk
Twenty-one states on Wednesday threw their support behind transgender service members and human rights organizations challenging the Trump administration's executive order banning transgender people from serving in the military, arguing that it will harm their efforts to protect their communities.
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February 27, 2025
Apple Falsely Touted Watches As 'Carbon Neutral,' Buyers Say
Apple Watch purchasers on Wednesday lodged a proposed class action in California federal court, claiming that the tech giant marketed various smartwatch products as "carbon neutral" despite Apple not actually providing "genuine, additional carbon reductions."
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February 27, 2025
PennyMac Can't Avoid Investors' Suit Over Post-Libor Rate
A California federal judge has ruled PennyMac's mortgage investment arm must face a suit accusing it of using last year's discontinuation of Libor to unlawfully lock in a lower dividend for some of its preferred stock, saying the plaintiffs have adequately pled that the company violated the LIBOR Act when it issued dividends at a fixed rate.
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February 27, 2025
Safeway Peanut Butter Cookies Caused Death, Suit Says
Albertsons and Safeway are facing a wrongful death lawsuit from the family of an elderly Washington woman who allegedly bought supermarket cookies mislabeled as oatmeal raisin that contained undeclared peanuts, which triggered a fatal allergic reaction.
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February 27, 2025
Food Startup Owes $575K In TM Fight With Jaden Smith's Co.
A disagreement over how food startup Eat Just capitalized on the word "Just" in branding will cost it over half a million dollars after a California federal court decided its conduct went against the company's agreement with the Just Water brand started by celebrity Jaden Smith and his actor dad, Will Smith.
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February 27, 2025
SEC Says Meme Coins Are Not Securities
The U.S. Securities and Exchange Commission staff declared Thursday that so-called meme coins do not fall under the agency's jurisdiction and that purchasers of the coins should not expect to be protected by federal securities laws.
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February 27, 2025
Artist Immediately Knew 'Moana' Was A Ripoff, Jury Hears
An artist testified in California federal court Thursday that he was "shocked" upon taking his stepson to see "Moana" in a movie theater in 2016, saying he was certain the first time he saw the blockbuster film that The Walt Disney Co. had copied his own animated work.
Expert Analysis
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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Trump, Tariffs And Tech: The Right To Repair In 2025
The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Lessons From United's Axed Win In Firing Over Online Pics
In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.