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California
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November 19, 2024
Truck Insurance Must Arbitrate Asbestos Coverage Claims
Truck Insurance Exchange must arbitrate its dispute with a group of reinsurers over coverage for asbestos bodily injury claims filed against Kaiser Cement & Gypsum, a California federal judge ruled, saying there was "little difficulty" in concluding that the case falls within the parties' arbitration agreement.
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November 19, 2024
SF Urges Calif. Panel To Rethink Waymo City Approval
The city and county of San Francisco urged a California appellate court Tuesday to find the California Public Utilities Commission abused its discretion in allowing Waymo to operate self-driving vehicles on city streets without imposing requirements, arguing "there are no guardrails" even though the cars pose serious safety hazards.
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November 19, 2024
Advertisers Fight Google's Arbitration Bid In Ad Tech MDL
A pair of advertisers seeking to represent a class in multidistrict litigation accusing Google of monopolizing key digital ad technology are fighting a bid to push their claims to arbitration, arguing Google's arbitration agreements are unenforceable.
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November 19, 2024
LA Waterkeeper Sues Union Pacific Over Pollution Controls
The Los Angeles Waterkeeper slapped Union Pacific Railroad Co. with a complaint in California federal court, alleging the company's failure to implement pollution controls at four industrial facilities has led to hazardous discharges of heavy metals and oils into the San Jose Creek, San Gabriel River and other bodies of water.
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November 19, 2024
Calif. Man Wants 9th Circ. To Rehear LG Battery Decision
A California man who alleges that a faulty LG Chem Ltd. 18650 lithium-ion battery melted the skin off his hand is asking the Ninth Circuit for an en banc rehearing of a decision dismissing his defect claims against the company, saying the panel broke with other circuits and binding precedent by finding that California courts did not have jurisdiction over the Seoul-based company.
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November 19, 2024
Calif. Judges Get 'Road Map' For Recall, Election Comments
A California Supreme Court committee on Tuesday laid out a "road map" for judges to make comments during an election or recall with respect to decisions that come under fire, saying they must follow ethics rules with such remarks.
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November 19, 2024
Ballard Spahr Brings On Former Federal Prosecutor In LA
Ballard Spahr LLP is expanding its consumer finance services team, announcing Tuesday that a former assistant U.S. attorney is joining its Los Angeles office as of counsel.
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November 19, 2024
SAG-AFTRA Says Producer Owes $163K Over Romania Shoot
A production company owes money to the actors on a 2019 action film because it violated a labor agreement by shooting scenes in Romania, SAG-AFTRA told a California federal court, seeking enforcement of an arbitration award in the union's favor.
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November 19, 2024
McDermott Adds IP Pro From Gibson Dunn In Los Angeles
McDermott Will & Emery LLP announced Tuesday that it has hired partner Timothy Best from Gibson Dunn & Crutcher LLP to help bolster its intellectual property practice group, especially its efforts serving life sciences and biotechnology clients.
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November 18, 2024
'You Stepped Over The Line': Judge Rips Quinn Emanuel Atty
A California federal judge told a Quinn Emanuel partner defending Natera Inc. at trial Monday in Guardant Health Inc.'s false advertising case that she'd be sanctioned over her questioning of a Natera expert about Guardant's alleged damages, saying, "You stepped over the line, and you did it several times."
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November 18, 2024
Apple Gets Some AirTag Stalking Claims Tossed, For Now
The California federal judge overseeing a proposed class action accusing Apple of failing to safeguard its AirTag tracking device from being abused by stalkers on Monday tossed product liability claims brought by consumers outside of California, saying Golden State law calls for the "place of the wrong" to take precedence.
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November 18, 2024
SEC Says Calif. Atty, His Wife Stole $2.2M To Buy House
The U.S. Securities and Exchange Commission on Monday accused a Los Angeles-area attorney of scheming to control publicly traded penny stock companies and then stealing $2.2 million from one of those companies to buy a home with his wife, according to a complaint filed in California federal court.
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November 18, 2024
Pol Says Ex-Staffer 'Indicated' Link To Chandra Levy's Killing
A California state senator accused by her former chief of staff of sexual harassment fired back with a countersuit alleging he stole $50,000 from her campaign, abused drugs and "indicated" to her that he is responsible for the notorious unsolved homicide of Chandra Levy.
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November 18, 2024
Judge Won't Release Kraken To Appeal Order In SEC Suit
A California federal judge on Monday refused to let the operator of the cryptocurrency exchange Kraken make an immediate appeal of his order denying its motion to dismiss a suit brought by the U.S. Securities and Exchange Commission, saying it would only delay resolution of the case.
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November 18, 2024
Netgear Says Huawei Engaging In Global Patent 'Warfare'
Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.
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November 18, 2024
9th Circ. Judges Seem Split In Trans Woman's Spa Bias Case
Ninth Circuit judges debated Monday whether a nude Korean spa's ban on patrons who "present" as male discriminates against transgender women without gender-affirming surgery, with one judge asking how it was different from barring Black patrons and another who went to a similar spa as a boy in Korea seeming to suggest customers had a right to choose whom to be naked in front of.
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November 18, 2024
ACLU Ups Pressure For Info On ICE Deportation Infrastructure
The American Civil Liberties Union sued U.S. Immigration and Customs Enforcement on Monday for information the organization says will help it assess how existing removal infrastructure could be expanded for mass deportations under the incoming Trump administration.
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November 18, 2024
Full 2nd Circ. Asked To Weigh Sheeran's 'Let's Get It On' Win
Structured Asset Sales LLC has asked the full Second Circuit to review a panel's opinion that Ed Sheeran's hit "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get It On," arguing the panel incorrectly affirmed a lower court's ruling that the Copyright Act of 1909 only protected the Motown song's sheet music.
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November 18, 2024
Meta Can Ditch Mike Huckabee's CBD Fake Ad Suit
Former Arkansas governor and conservative pundit Mike Huckabee can't sue Facebook after an unidentified company posted advertisements implying he endorsed a brand of CBD gummies, a Delaware federal judge ruled Monday, saying he can't prove the social media giant was actually aware the ads were bogus.
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November 18, 2024
Webtoon Brass Hit With Derivative Suit Over Post-IPO Plunge
Executives and directors of online comics platform Webtoon Entertainment Inc. face a shareholder derivative claim alleging the company went public while concealing that it was seeing minimal growth.
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November 18, 2024
Electronics Co. Hit With Default In $2B Price Fixing Case
A California federal court will enter a default judgment against Irico Group on claims that could total $2 billion in damages in long-running litigation over an alleged conspiracy to fix cathode ray tube prices after finding the Chinese electronics company failed to preserve evidence.
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November 18, 2024
Latham-Led Software Startup ServiceTitan Joins IPO Pipeline
Venture-backed software startup ServiceTitan Inc. filed plans on Monday for an initial public offering, represented by Latham & Watkins LLP and underwriters' counsel Wilson Sonsini Goodrich & Rosati PC, joining a growing list of IPO prospects.
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November 18, 2024
49ers Data Breach Class Tries Again For Settlement OK
The San Francisco 49ers will pay $610,000 to nearly 21,000 individuals whose personal information was compromised during a data breach in 2022, according to a new motion seeking preliminary approval filed in California federal court on Friday, more than a year after U.S. District Judge James Donato rejected their initial deal.
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November 18, 2024
BlackBerry Faces Uphill Fight To Nix Harassment Claims
A California federal magistrate judge expressed doubts Monday about BlackBerry's latest bid to toss claims that its current CEO sexually harassed a former executive before he took the top job, saying she's unsure if she can decide at the pleading stage what constitutes "objectively severe" discrimination.
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November 18, 2024
Justices Urged To Review Landlords' COVID Eviction Ban Suit
A group of trade associations and a nonprofit urged the U.S. Supreme Court on Monday to grant a review petition filed by landlords claiming they lost $100 million as a result of Los Angeles' COVID-19 eviction moratorium, which ended in January.
Expert Analysis
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Ways Life Sciences Cos. Can Manage Insider Trading Risk
In light of two high-profile insider trading jury decisions against life sciences executives this year, public companies in the sector should revise their policies to account for regulators' new and more expansive theories of liability, says Amy Walsh at Orrick.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Bayer Antitrust Case Hinged On Evolving Market Definition
Generic flea and tick medication manufacturer Tevra's evolving market definition played a key role in the development and outcome of its five-year antitrust litigation against Bayer Healthcare, highlighting challenges that litigants may face when a proposed definition is assessed at trial, say Amy Vegari and Colleen Anderson at Patterson Belknap.
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NYC Wage Info Bill Highlights Rise In Pay Transparency Laws
With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.
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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.