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California
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March 18, 2025
9th Circ. Says Nike Bias Suit Docs Can Be Ordered Destroyed
The Ninth Circuit on Tuesday ruled that a lower court was allowed to make an Oregon newspaper destroy documents it obtained related to internal workplace complaints at Nike, saying the newspaper became a party to the lawsuit alleging workplace discrimination against female employees when it intervened to get the documents.
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March 18, 2025
Feds Say On-Leave Staffers Don't 'Skirt' Alsup's Rehire Order
The Trump administration Tuesday told Judge William Alsup that fired federal probationary employees are being put on administrative leave as part of the reinstatement process he ordered and not to "skirt" the preliminary injunction, after the judge said Monday putting the workers on leave isn't permissible under his order.
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March 18, 2025
Miley Cyrus Must Keep Facing 'Flowers' Song Copyright Suit
A California federal judge on Tuesday denied singer Miley Cyrus' bid to escape a lawsuit accusing her and her chart-topping "Flowers" co-writers of copying a Bruno Mars hit, rejecting arguments that the music investment company that filed the complaint couldn't sue because it isn't the sole owner of rights to Mars' song.
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March 18, 2025
'Game Changer' Or 'Non Issue'?: Panel Talks Rule 702 Change
A class action law forum panel in San Diego appeared to agree Tuesday that a recent amendment to Federal Rules of Evidence Rule 702 emphasizing the judge's gatekeeping authority in allowing expert testimony is not the "game-changer" some predicted, with one panelist going so far as to say it was "barely a clarification."
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March 18, 2025
NBA Asks High Court To Weigh In On VPPA Data Sharing Suit
The NBA has urged the U.S. Supreme Court to weigh in on a Second Circuit decision that revived a Video Privacy Protection Act suit alleging that the league shared video viewing activities of its website's visitors with Meta, arguing that the plaintiff lacked standing since the information wasn't publicly disseminated or highly personal.
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March 18, 2025
Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight
Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.
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March 18, 2025
Drugmaker's $10.5M Deal In Investor FDA Approval Suit OK'd
A California federal judge has preliminarily approved a $10.5 million settlement between oncology drug company ImmunityBio and investors who claim they were misled over the likelihood the U.S. Food and Drug Administration would approve the company's bladder cancer drug.
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March 18, 2025
Music Publishers, Anthropic Fight Over Song Lyric Discovery
Music publishers urged a California federal magistrate judge Tuesday to order artificial intelligence company Anthropic to produce certain song lyric data from both before and after Anthropic implemented "guardrails" to prevent Anthropic's AI tool "Claude" from outputting copyrighted lyrics, while Anthropic slammed the discovery request as overly broad.
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March 18, 2025
Lab Co-Founder Takes Stand For Gov't In $40M Testing Case
A co-founder of a laboratory accused of submitting $40 million in unnecessary COVID-19 and genetic testing claims to healthcare benefit programs took the stand for the government on Tuesday, first testifying that the lab used an unauthorized test to cut corners and save money before admitting on cross-examination that the test was chosen because it performed better.
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March 18, 2025
9th Circ. Denies Bid To Halt $24M Deal In AIG Hidden Fee Case
Lower court proceedings can still continue as a class member appeals the final approval of a $24 million settlement over claims that Travel Guard Inc., AIG and certain AIG units improperly added fees in travel insurance premiums, the Ninth Circuit ruled, rejecting the class member's emergency bid for a stay.
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March 18, 2025
Netlist Slams Samsung's 'Abuse Of Power' As 3rd Trial Begins
Samsung Electronics Co. engaged in a "raw abuse of power" when it breached the terms of a patent licensing agreement with chipmaker Netlist Inc., a jury heard Tuesday as the contract dispute went to trial for the third time in California federal court.
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March 18, 2025
Vans Facility Subjected Employees To Extreme Heat, Suit Says
A former Vans sneaker distribution center in Southern California made employees work in unventilated rooms that would reach over 100 degrees, an employee who worked at the facility for 16 years has alleged in a new lawsuit filed in California state court.
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March 18, 2025
Google, Apple Urge 9th Circ. To Reject Search Collusion Case
Google and Apple are urging the Ninth Circuit to reject an appeal from an advertiser seeking to revive a case accusing Google of paying Apple to stay out of the search market, arguing that a ruling in the government's search case against Google has nothing to do with the claims.
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March 18, 2025
PetroSaudi Says Feds' Suit Over $380M Award Must Proceed
A PetroSaudi unit is fighting the U.S. government's bid to stay its years-long suit to seize part of a $380 million arbitral award while criminal proceedings in Switzerland play out against the unit's former owner, telling a California federal court the move is a stall tactic.
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March 18, 2025
Apple Attempts To Hide Discovery Are 'Systemic,' Epic Says
Epic Games is pushing a California federal judge to punish Apple for its "sanitized, fictional account" of compliance with an injunction blocking App Store anti-steering policies, arguing the iPhone-maker can't evade discovery sanctions by trying to blame the scale of document review.
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March 18, 2025
Six Takeaways From California's State Of The Judiciary
California Supreme Court Chief Justice Patricia Guerrero gave an annual State of the Judiciary address to Golden State legislators Tuesday that highlighted the judicial branch's independence and commitment to providing "fair and impartial justice," while putting less attention than in years past on policies that support diversity and inclusion.
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March 18, 2025
Fed. Circ. Says It Can't Review Realtek's ITC Sanctions Fight
The Federal Circuit ruled Tuesday that the appeals court can't tell the U.S. International Trade Commission to explain why it declined Taiwan-based chipmaker Realtek Semiconductor Corp.'s request for a "sua sponte ruling" over a rival's alleged conduct in a dropped patent investigation.
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March 18, 2025
AI Healthcare Co. Accuses Test-Maker Of Infringing Patents
Artificial intelligence-powered diagnostics company Tempus AI has accused medical test-maker Guardant Health of infringing numerous patents related to healthcare records platforms and ways of pinpointing patient biomarkers.
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March 18, 2025
States Oppose Term In Sandoz Price-Fixing Deal With Fla.
State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.
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March 18, 2025
Forever 21 Moves Ahead With Swift Ch. 11 Plans
Fast-fashion retailer Forever 21 on Tuesday secured a Delaware bankruptcy judge's approval for motions that put it on track to close more than 300 stores and emerge from its second Chapter 11 in June.
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March 18, 2025
BetterHelp Demands Insurer Assist In $7.8M FTC Payment
Online counseling company BetterHelp told a California federal court that its insurer must cover a $7.8 million Federal Trade Commission payment and must defend it in underlying litigation brought by consumers who claim the company violated laws via its collection, use and disclosure of private health information.
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March 18, 2025
Eisner Lands 2 Reed Smith Entertainment Pros In NY, Calif.
Business and entertainment firm Eisner LLP announced Tuesday that it has hired two attorneys from Reed Smith LLP to enhance its capacity to negotiate entertainment industry transactions.
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March 18, 2025
McDermott Launches San Diego Office Helmed By IP Veteran
McDermott Will & Emery LLP announced Tuesday it is opening an office in San Diego and has tapped a longtime intellectual property attorney to lead it, while also naming that attorney to be one of the co-heads of its global IP practice.
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March 18, 2025
Maynard Nexsen Adds 5 Constangy Employment Attys In LA
Maynard Nexsen PC has brought a 5-lawyer team from labor and employment firm Constangy Brooks Smith & Prophete LLP to its Los Angeles office, bringing on a team that is experienced in management-side employment law and can converse in six languages.
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March 18, 2025
Illinois Asbestos Injury Firm Escapes 'Fraud Playbook' Suit
A Chicago federal judge on Tuesday tossed a racketeering suit an industrial pipe company brought against a "prolific" Illinois asbestos litigation law firm, finding that the pipe company failed to adequately plead that the law firm formed an "enterprise" with various clients, witnesses, co-counsel and staff.
Expert Analysis
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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Pepperdine Case Highlights Shift In Collegiate IP Landscape
A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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Opinion
California Climate Lawsuit Bill Is Constitutionally Flawed
A bill in the California Legislature that would let victims of climate-related disasters like the Los Angeles wildfires sue oil and gas producers for spreading misinformation about climate change is too vague, retroactive and focused on one industry to survive constitutional scrutiny, says Kyla Christoffersen Powell at the Civil Justice Association of California.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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Opinion
DOJ's HPE-Juniper Challenge Is Not Rooted In Law
Legal precedents that date back as far as 1990 demonstrate that the U.S. Department of Justice's recent challenge to the proposed $14 billion merger between Hewlett Packard and Juniper is misplaced because no evidence of collusion or coordinated conduct exists, says Thomas Stratmann at George Mason University.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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How Crypto Firms Should Approach Patchwork Of State Laws
The Money Transmission Modernization Act was designed to create uniformity across state digital regulations, but the reality remains far from consistent — as demonstrated by the patchwork of laws in states like Texas, Vermont, New York and California — so as state legislatures convene in the coming weeks, crypto firms should watch closely for developments that could shape the regulatory landscape, say attorneys at Paul Hastings.
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Opinion
NFT Bill Needs Refining To Effectively Regulate Digital Assets
A recent bill in the U.S. House proposing to regulate nonfungible tokens as digital assets would leave key concepts undefined until the U.S. comptroller general completes an after-the-fact study of NFTs, showing it needs more work before it is comprehensive enough to meaningfully protect the market, say attorneys at Duane Morris.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.