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California
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October 21, 2024
Truck Asbestos Claims Suit Must Be Arbitrated, Court Hears
A group of reinsurers is pressing a California federal court to order Truck Insurance Exchange to arbitrate its claim seeking coverage for millions of dollars' worth of asbestos bodily injury claims filed against Kaiser Cement & Gypsum, which was driven into bankruptcy in 2016.
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October 21, 2024
CFPB Funding No Reason To Ax SoLo Suit, Calif. Judge Says
Another federal judge has refused to dismiss a Consumer Financial Protection Bureau lawsuit on the grounds that the agency lacks valid funding, and has found that the agency has pled plausible deceptive advertising, state violations and other counts against fintech lender SoLo Funds Inc.
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October 21, 2024
In OpenAI Copyright Case, Court Told, 'Too Many Cooks'
Lawyers for some of the media companies and groups hitting up OpenAI and Microsoft with copyright cases say they have major reservations about marrying their cases, warning about rushed discovery and "forcing too many cooks into the same kitchen."
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October 21, 2024
Google, Meta Want Out Of GoodRx Health Data Sharing Suit
Google, Meta Platforms and Criteo have asked a California federal court to cut them loose from litigation alleging that GoodRx improperly shared patients' protected health information with the tech companies, saying the claims are "fundamentally flawed."
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October 21, 2024
Netflix Inks $1.4M Wage Deal With Reality TV Contestants
A California judge gave preliminary approval Monday to a $1.4 million settlement between Netflix and contestants from the reality television shows "Love Is Blind" and "The Ultimatum" to end a putative wage class action alleging the contestants were forced to work long hours with little pay.
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October 21, 2024
Tesla Used AI 'Blade Runner 2049' Image For Sales, Suit Says
When Alcon Entertainment wouldn't let Tesla use an image from "Blade Runner 2049" in an event live-streamed from a Warner Bros. Discovery studio to promote an autonomous taxicab, the electric vehicle giant used an infringing image created by artificial intelligence, according to a lawsuit filed Monday in California federal court.
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October 21, 2024
9th Circ. Probes Bargaining Order Limits In 1st Cemex Review
In the first court challenge to the National Labor Relations Board's landmark Cemex ruling, the Ninth Circuit grappled Monday with whether the labor board's new standard for issuing bargaining orders complies with a framework the U.S. Supreme Court set out more than 50 years ago.
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October 21, 2024
AI Software Developer Genesys Confidentially Files IPO
Artificial intelligence-based software developer Genesys Cloud Services Inc. said Monday it has confidentially filed plans for an initial public offering with the U.S. Securities and Exchange Commission, joining other AI-linked prospects preparing for IPOs.
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October 21, 2024
SpaceX Firing Suit Belongs In State Court, Ex-Workers Say
Terminated SpaceX employees on Monday urged a California federal judge to remand their hostile work environment and retaliation case to state court due to lack of diversity jurisdiction, arguing that when they first sued, SpaceX's principal place of business was Hawthorne, California, not Starbase, Texas, where the company later moved.
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October 21, 2024
3rd Take's The Charm For Terrence Howard in CAA Suit
A Los Angeles judge Monday declined to dismiss "Empire" star Terrence Howard's suit alleging Creative Artists Agency's conflicting interests led him to accept a salary below industry standards, finding the latest version of the complaint adequately addressed her statute of limitations concerns.
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October 21, 2024
Ontrak Jury Lacked Key Compliance Instruction, Judge Told
Counsel for convicted Ontrak founder Terren Peizer urged a California federal judge Monday to grant a new trial in the healthcare executive's novel insider trading case, saying jurors weren't properly instructed that they should acquit if Peizer's $20 million share sale was blessed by a compliance officer.
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October 21, 2024
Sidley Boosts Litigation Team With Latham Trial Atty In LA
Sidley Austin LLP is boosting its Southern California litigation team, announcing Monday it is bringing in a Latham & Watkins LLP "bet-the-company" trial attorney as a partner in its Century City office in Los Angeles.
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October 21, 2024
Goodwin Steers Biotech Firm Septerna's Plans For $175M IPO
Biotechnology firm Septerna Inc. on Monday launched plans for an estimated $175 million initial public offering, joining a hot market for drug developers of late, under guidance from Goodwin Procter LLP and underwriters' counsel Cooley LLP.
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October 21, 2024
9th Circ. Revives Atty's ADA Suit Against Calif. Bar
The State Bar of California may not have sovereign immunity that would allow it to duck an attorney's federal lawsuit claiming it failed to provide him with adequate disability accommodations during a bar exam amid the height of the COVID-19 pandemic, the Ninth Circuit said Monday.
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October 21, 2024
20-Year FBI Vet Joins Motion Picture Association In California
A former supervisory special agent with the FBI has joined the Motion Picture Association in Los Angeles to work as vice president of the group's content protection enforcement for the Americas region, and for its Alliance for Creativity and Entertainment, according to a Monday announcement.
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October 21, 2024
Ex-Morgan Lewis Atty Seeks Moderation In LA County DA Bid
Nathan Hochman, a former federal prosecutor and onetime partner at Morgan Lewis & Bockius LLP, is running on a "hard middle" platform as he looks to unseat progressive Los Angeles County District Attorney George Gascón, the candidate told Law360 in an interview delving into his experience on both sides of the bar.
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October 21, 2024
Justices Nix GOP States' Intervention In Asylum Rule Talks
The U.S. Supreme Court on Monday denied a group of Republican states' attempt to intervene in settlement talks between immigrant rights groups and the Biden administration over a rule limiting asylum at the southern border.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Fritos Didn't Defame In Flamin' Hot Cheetos Feud, Judge Told
An attorney for Frito-Lay Inc. on Friday urged a California federal judge to dismiss a former employee's suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, saying it's not inherently defamatory to disagree about the snack's origins.
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October 18, 2024
9th Circ. Judge Doubts AI 'Robot Judges' Can Replace Jurists
Ninth Circuit Judge William Fletcher expressed skepticism Friday that artificially intelligent "robot judges" should replace jurists, saying during a conference on complex litigation ethics that judges understand how to creatively apply the law to best serve justice, and "I don't trust the AI system to break the law when it should."
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October 18, 2024
Fired SF Rail Workers Win First Phase Of Vax Mandate Trial
A California federal jury on Friday ruled that the Bay Area Rapid Transit District didn't prove it tried to accommodate six unvaccinated employees the agency fired during the COVID-19 pandemic, pushing the trial to a second phase over whether the workers had a "sincerely held" religious belief against being vaccinated.
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October 18, 2024
Fed. Circ. Sinks BofA's Fight Over Image Recognition Patents
Bank of America had no luck Friday in an appeal seeking to revive a handful of challenges targeting patents owned by companies run by billionaire Patrick Soon-Shiong that are suing the bank in California federal court.
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October 18, 2024
US Fights PetroSaudi Bid To Limit $380M Seizure
The U.S. on Friday slammed a PetroSaudi company's request for a California federal court to clarify that officials can only seize 5% of a $380 million award, calling the request an improper attempt at revisiting a 3-year-old court ruling.
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October 18, 2024
Tech Cos. Ask 9th Circ. To Skip DMCA Probe In GitHub IP Suit
Microsoft, GitHub and OpenAI have told the Ninth Circuit to rebuff an interlocutory appeal petition from a group of anonymous software developers who want clarity on whether the Digital Millennium Copyright Act requires an infringing copy to be identical to the original to claim a DMCA violation, saying the injury the group alleges is theoretical.
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October 18, 2024
Weedmaps' Parent Co. Faces Investor Suit After SEC Fine
The parent company of cannabis tech company Weedmaps was hit with an investor's proposed class action alleging shareholders were damaged following the U.S. Securities and Exchange Commission's announcement that it fined the company $1.5 million for allegedly making misleading statements about its monthly active users.
Expert Analysis
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9th Circ. Ruling Flags Work Harassment Risks Of Social Media
The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.
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Lessons From Rising Fake Discount Consumer Class Actions
Ellen Robbins and Scott Allbright at Akerman discuss the rise of false reference price consumer class actions and outline key strategies to minimize legal risk and protect businesses.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Daubert Motion Trends In Patent Cases Reveal Damages Shift
A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.
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Why The SEC Is Targeting Short-And-Distort Schemes
The U.S. Securities and Exchange Commission's recent crackdown on the illegal practice of short-and-distort trades highlights the urgent need for public companies to adopt proactive measures, including pursuing private rights of action, say attorneys at Baker McKenzie.
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How High Court Ruling Is Shaping Homelessness Policies
The U.S. Supreme Court’s June decision in Grants Pass v. Johnson to allow enforcement of local ordinances against overnight camping is already spurring new policies to manage homelessness, but the court's ruling does not grant jurisdictions unfettered power, say Kathryn Kafka and Alex Merritt at Sheppard Mullin.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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3 Notes For Arbitration Agreements After Calif. Ruling
After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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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.