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California
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September 06, 2024
VA Must Turn LA Campus Into Vets' Housing, Judge Says
A California federal judge on Friday ruled in favor of a class of disabled homeless military veterans alleging that they're facing disability discrimination due to the lack of permanent supportive housing on a West Los Angeles campus.
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September 06, 2024
9th Circ. Says Immigration Board Mischaracterized Calif. Law
A split Ninth Circuit panel ordered the Board of Immigration Appeals on Friday to reconsider a Jamaican man's request to reopen his removal case, saying the board mischaracterized the California law under which the conviction that formed the basis of his removal was vacated.
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September 06, 2024
X Corp. Shorted 3 Execs Millions In Severance, Suit Says
Three former executives of Twitter, now known as X, said in a California federal court suit that Elon Musk prevented them from collecting millions in severance benefits following his takeover of the social media company by falsely claiming they were fired for failing to cooperate in investigations.
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September 06, 2024
Marc Jacobs Brushes Off Eyeshadow TM Suit
A Korean skin care company that alleged an eyeshadow line from Marc Jacobs infringed its trademark for an anti-aging eye cream has lost its case, with a California federal judge finding the Eye-Conic cosmetics from Marc Jacobs Beauty would not likely be confused with Amarte's Eyeconic eye cream.
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September 06, 2024
Calif. Panel Rejects PE Exec's Excess Coverage Claims
A California state appeals court upheld the dismissal of a private equity executive's claims that two excess insurers had to cover the millions he said he and his companies incurred in litigation with his co-founder, finding he didn't sufficiently allege that underlying limits had exhausted first.
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September 06, 2024
New Public Counsel Leader On Her Vision To Advance Justice
Kathryn Eidmann has a vision for the future of Public Counsel, the nation's largest provider of pro bono legal services, as she takes over as the organization's new leader: to use its focus on individual client advocacy to advance its more systemic goals for racial and economic justice.
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September 06, 2024
Music Publishers Argue Their AI Copyright Case Is Different
Music publishing companies suing an artificial intelligence company over using song lyrics say that their copyright lawsuit is different from some other copyright suits against AI developers.
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September 06, 2024
Abbott Hit With False Ad Suit Over Toddler Nutrition Drink
A proposed class of consumers is suing Abbott Laboratories in California federal court, alleging that it misleads buyers by claiming its toddler drinks provide a number of health benefits when in fact they are harmful and contain added sugars.
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September 06, 2024
Calif. Gov. Targets Hemp Intoxicants With Emergency Ban
California Gov. Gavin Newsom on Friday announced emergency regulations banning products derived from industrial hemp that contain any intoxicating cannabinoids, and setting an age minimum of 21 years to purchase hemp products.
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September 06, 2024
SEC Fraud Suit Against Battery Co. Survives Dismissal Bid
A California federal judge has rejected battery developer NDB Inc.'s motion to dismiss a U.S. Securities and Exchange Commission suit alleging the company and its CEO misled investors about the prospects of so-called nano-diamond battery technology, saying the SEC sufficiently pled that the defendants were the "maker" of statements that were materially misleading to investors.
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September 06, 2024
Off The Bench: NCAA Flops, NBA Trial, Sunday Ticket Appeal
In this week's Off The Bench, the $2.78 billion deal to settle a vast class action targeting the NCAA's name, image and likeness compensation rules hits a snag, the NBA and Warner Bros. aim for an April trial in their media rights fight, and NFL Sunday Ticket subscribers look to reinstate their $4.7 billion antitrust victory over the league.
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September 06, 2024
Boeing Loses Bid To Toss Investor Suit Over Blowout
A Virginia federal judge gave the green light to Boeing investors to continue their securities fraud proposed class suit against the company over one of its planes' midair door blowout in January, rejecting the aerospace giant's motion to dismiss and telling Boeing it had a "real problem" on its hands.
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September 06, 2024
4 ERISA Arguments To Watch In September
The Ninth Circuit will weigh two cases involving whether class claims under the Employee Retirement Income Security Act can be forced into solo arbitration, and the Second Circuit will hear Yale University workers' bid to revive their retirement plan mismanagement suit. Here are four upcoming oral argument sessions that benefits attorneys should have on their radar.
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September 06, 2024
Procopio's Managing Partner Dies At 55 From Cancer
Procopio Cory Hargreaves & Savitch LLP's managing partner, John D. Alessio, has died after a five-year battle with cancer, at age 55.
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September 06, 2024
Lewis Roca Taps Ex-Arnold & Porter Appellate Pro As Partner
Lewis Roca Rothgerber Christie LLP is continuing to grow its presence in the Golden State, bringing in an appellate veteran to join as a litigation partner at the firm's San Francisco office.
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September 06, 2024
Morgan Stanley Fined $2M Over First Republic Exec's Trades
Massachusetts' top securities cop on Friday imposed a fine of $2 million on Morgan Stanley for failing to ensure that a New Republic Bank chairman hadn't relied on insider information when he dumped millions of dollars of the bank's stock in the days and months before its collapse.
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September 06, 2024
Platform Science Fights $19.3M Software Patent Verdict
Platform Science Inc. has urged a California federal judge to erase a jury's verdict that it owes $19.3 million to Qualcomm spinoff Omnitracs LLC for infringing its fleet management software patent, arguing that the verdict is improper and that the court should overturn it or order a new trial.
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September 06, 2024
Fast Food Co., EEOC End Suit Over Late Demographic Data
A California-based fast food franchisee has agreed to resolve a U.S. Equal Employment Opportunity Commission suit alleging it spurned its legal duty to share demographic information about its employees, the latest company to settle the agency's claims over tardy filings.
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September 06, 2024
Airline Asks 9th Circ. Panel To Reconsider Military Leave Suit
A Ninth Circuit panel didn't address whether a former Alaska Airlines pilot advanced enough evidence to show the airline denied him accrued vacation and sick time while on military stints, the company said, urging the panel to revisit its decision flipping the airline's earlier win.
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September 06, 2024
Epstein Becker Employment Ace Joins Fisher Phillips In SF
Labor and employment firm Fisher Phillips is expanding its California team, bringing in an Epstein Becker Green litigator as a partner in its San Francisco office.
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September 05, 2024
Nvidia, Microsoft Face Patent, Cartel Allegations In Texas Suit
A new lawsuit accuses Nvidia of holding "monopoly power" over the market on graphics processing in the artificial intelligence space and alleges the tech company is colluding with Microsoft and a prominent patent risk management company to squeeze out a small startup that claims to have developed the "fundamental intellectual property" behind that technology.
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September 05, 2024
MGA's O.M.G. Dolls Imitated Girl Group's Looks, Member Says
Toy company MGA Entertainment Inc.'s line of O.M.G. dolls imitated the signature looks of a pop group created by rapper T.I. called OMG Girlz, a member of the singing group testified Thursday in a California federal court retrial of a long-running intellectual property fight.
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September 05, 2024
LA Courts Expand Recordings, Citing Court Reporter Shortage
Los Angeles County Superior Court's presiding judge issued an order Thursday expanding the use of electronic recordings in certain civil proceedings due to a "chronic" lack of court reporters, drawing concerns the recordings violate state law and threaten quality transcripts.
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September 05, 2024
NCAA's $2.78B NIL Deal Misses 1st Shot At Initial OK
A California federal judge declined Thursday to preliminarily approve a $2.78 billion deal to settle an antitrust class action targeting the NCAA's name, image and likeness compensation rules, saying counsel must "go back to the drawing board" on some of the deal's terms.
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September 05, 2024
GitLab's AI Hype Was Too Optimistic, Investor Suit Says
Software development collaboration platform GitLab is the latest company to face claims that it misguided investors about how artificial intelligence might bolster its fortunes as it faced other headwinds, including mounting costs for a China-based joint venture, that caused its share price to sink.
Expert Analysis
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Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk
A Los Angeles Superior Court jury's recent $900 million verdict in a high-profile sexual assault and harassment case illustrates the increase in so-called nuclear verdicts in employment cases, and the need for employers to explore alternative methods of resolving disputes, say Anthony Oncidi and Morgan Peterson at Proskauer.
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Calif. Out-Of-State Noncompete Ban Faces Several Hurdles
California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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Motion To Transfer Venue Considerations For FCA Cases
Several recent decisions highlight the importance for practitioners of analyzing as early as possible whether a False Claims Act case warrants a change of venue, and understanding how courts weigh certain factors for defendants versus whistleblowers, say Ellen London at London & Stout, and Li Yu and Corey Lipton at DiCello Levitt.
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New NHTSA Fuel Economy Rule Adds Compliance Complexity
The National Highway Traffic Safety Administration's recently announced final rule on new corporate average fuel economy standards for passenger cars and light trucks will create challenges for manufacturers, which must also comply with the EPA's multipollutant rule and California's zero-emission vehicle programs, say Joanne Rotondi and Hannah Graae at Hogan Lovells.
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Autonomy Execs' Acquittal Highlights Good Faith Instruction
The recent acquittal of two former Autonomy executives demonstrates that a good faith jury instruction can be the cornerstone of an effective defense strategy in white collar criminal cases, in part because the concept of good faith is a human experience every juror can relate to, says Sara Kropf at Kropf Moseley.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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3 Ways To Lower Insider Trading Risk After First 10b5-1 Case
In light of the U.S. Department of Justice's insider trading prosecution against the former CEO of Ontrack based on alleged abuse of a Rule 10b5-1 safe harbor plan — designed to allow executives to sell their companies' securities without liability — companies and individuals should take steps to avoid enacting similar plans in bad faith, say attorneys at Jenner & Block.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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PE Firms Should Prepare For Increased False Claims Scrutiny
The impact private equity firms may have over medical decisions and care is increasingly attracting potential liability under the False Claims Act and attention from states and the federal government, so investors should follow best practices including conducting due diligence both before and after acquisitions, say attorneys at K&L Gates.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Series
A Day In The In-House Life: Block CLO Talks Problem-Solving
Amid the busy summer months, Block Inc. Chief Legal Officer Chrysty Esperanza chronicles a typical Wednesday where she conquered everything from unexpected fintech regulatory issues and team building to Bay Area commutes and school drop-off.
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Shipping Containers As Building Elements Require Diligence
With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.