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California
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November 08, 2024
LA Waterkeeper Claims BNSF Polluted Waters For Years
BNSF Railway Co. has been discharging polluted stormwater into the waters of Los Angeles County for more than four years, the Los Angeles Waterkeeper has alleged in a new suit.
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November 08, 2024
Ford Buyers Win Cert. Of Some Classes In 'Death Wobble' Suit
A California federal judge certified some subclasses in a product liability class action against Ford over an alleged steering defect known as the "death wobble," but denied certification of a nationwide class and trimmed or partially trimmed 13 of the 30 claims.
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November 08, 2024
Fla. Apparel Distributor Sues Gap Over $378M Bait-And-Switch
A South Florida-based apparel distribution company has brought a $378 million counter-complaint against Gap Inc. in California state court, alleging the clothing retailer threatened to sabotage an initial public offering after pulling a bait-and-switch by sending millions of dollars of oversized, unsellable garments and ruin relationships with existing customers.
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November 08, 2024
Up Next At High Court: Self-Deportation Deadlines & Murder
The U.S. Supreme Court will be closed Monday for Veterans Day, but the justices will return to the bench Tuesday to consider whether a 60-day deadline for immigrants to voluntarily leave the country has a grace period and what evidence is needed to allege securities fraud.
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November 08, 2024
Water Utility Hits PVC Pipe Makers With Price-Fixing Suit
A public water utility on Friday hit some of the nation's largest PVC pipe manufacturers with a class action accusing them of using a commodity pricing service to exchange information and illegally fix prices, claiming the companies reaped "historic profits" at the expense of public utilities.
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November 08, 2024
Cigna Agrees To End Behavioral Health Underpayment Suit
Cigna and a billing contractor have agreed to resolve claims that they violated federal benefits law by colluding to underpay out-of-network claims for substance use disorder treatments, according to a filing in California federal court.
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November 08, 2024
Apple's Cited Rulings Just Cement Old Precedent, Epic Says
What Apple contends are new rulings from a California appeals court and the U.S. Supreme Court are really just affirmations of existing precedent that change nothing about the injunction blocking the iPhone maker's rules against steering users to alternative payment systems, Epic Games has told a California federal judge.
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November 08, 2024
Judge Won't Pause Housing Order In LA Campus Suit
A California federal judge has refused to pause his order requiring the federal government to put out contract offers for the construction of temporary housing on a Los Angeles campus that's at the heart of a class action filed by disabled, homeless military veterans who accused the federal government of misusing the property.
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November 08, 2024
Chancery Tosses Microchip Co.'s Tech Licensor Challenge
A Delaware vice chancellor on Friday dismissed a lawsuit filed by Swiss microchip maker u-blox AG against tech licensor InterDigital Inc., finding among other points that u-blox was barred from moving forward with potentially unsettled claims arising from the same issues in a California federal court case.
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November 08, 2024
Sullivan & Cromwell Fees Questioned In Kidde-Fenwal Ch. 11
Sullivan & Cromwell LLP and the attorney general of California clashed in Delaware bankruptcy court over the firm's interim fee requests for its representation of debtor chemical company Kidde-Fenwal Inc., with the state alleging overbilling and Sullivan & Cromwell claiming California is seeking "payback" for the results of a recent mediation.
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November 08, 2024
Ex-LA Pol's Aide Avoids Prison In 'Casino Loyale' Probe
A California federal judge appeared poised Friday to deliver a harsh sentence to a cooperating witness in the corruption probe of Los Angeles City Hall after repeatedly asking him why he coordinated bribes and lied to the FBI, but ultimately sentenced him to home detention as the government requested.
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November 08, 2024
Investors Duped By Opportunity Zone Promises, Colo. Says
Colorado's securities commissioner accused a California businessman on Thursday of selling investors on a project ostensibly meant to purchase single-family homes using a federal program for revitalizing economically distressed areas, while instead using company assets as a "personal piggy bank."
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November 08, 2024
9th Circ. Says Univ. Wrongly Deprived Of Tax-Exempt Status
The Ninth Circuit on Friday reversed a decision by an Arizona district court backing the U.S. Department of Education's determination that the privately owned Grand Canyon University didn't qualify as a nonprofit institution for classification related to federal loan and grant programs.
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November 08, 2024
9th Circ. Doubts Weight Loss Doc's Fraud Conviction Appeal
A Ninth Circuit panel appeared skeptical Friday of a former Hollywood doctor's bid to undo his conviction for conning insurance companies into covering his famous 1-800-GET-THIN lap-band weight loss surgeries, with one appellate judge saying there was "overwhelming" evidence that the physician directed subordinates to falsify sleep studies.
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November 08, 2024
Orrick Gets Final OK On $8M Deal To End Data Breach Case
A California federal judge granted final approval Friday to Orrick Herrington & Sutcliffe LLP's $8 million deal to end putative class claims over a data breach that purportedly exposed 638,000 individuals' information, praising the parties for their "efficiency" in handling the case and "good faith" approach to reaching a resolution.
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November 08, 2024
Mark Zuckerberg Beats Liability In Social Media MDL
A California federal judge dismissed claims against Mark Zuckerberg in multidistrict litigation alleging Meta concealed social media's risks to young users, finding that plaintiffs failed to show Zuckerberg directly participated in or authorized the alleged concealment despite his control over the company.
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November 08, 2024
General Atlantic, Stripes Plug $825M Into Vuori Clothing Biz
Lifestyle performance brand Vuori on Friday revealed that it has secured an $825 million investment led by growth investors General Atlantic, advised by Paul Weiss Rifkind Wharton & Garrison LLP, and Weil Gotshal & Manges LLP-advised Stripes, bumping the brand's valuation to $5.5 billion.
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November 08, 2024
Astrana Health Acquires Prospect Health In $745M Deal
Healthcare company Astrana Health Inc., advised by Russ August & Kabat LLP, on Friday announced plans to buy integrated care delivery system Prospect Health System, led by Sheppard Mullin Richter & Hampton LLP, in a $745 million deal meant to ensure that health care remains local and personalized for patients across four states.
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November 07, 2024
'Pure Gamesmanship': Judge Slams NSO's Sanctions Defense
A California federal judge appeared open Thursday to sanctioning NSO Group in WhatsApp's lawsuit accusing the Israeli spyware maker of hacking into 1,400 WhatsApp users' phones, telling NSO's counsel it's insufficient for NSO to have only produced computer code in Israel, and she views its defense as "pure gamesmanship."
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November 07, 2024
Oakland Airport Name Has Travelers Flying In Circles, SF Says
Attorneys for San Francisco urged a California federal judge Thursday to block Oakland from renaming its airport the "San Francisco Bay Oakland International Airport," saying travelers are mistakenly showing up to San Francisco International Airport instead of Oakland's hub because the new name is "dangerously and confusingly similar."
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November 07, 2024
Wuhan Chemical Co. Charged In Latest China Fentanyl Bust
California federal prosecutors announced Thursday that a Wuhan, China-based chemical company has been charged with exporting illegal fentanyl precursors and adulterants to the United States and other countries, the latest in a series of recent criminal actions cracking down on Chinese drug manufacturers' role in the opioid epidemic.
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November 07, 2024
Plastics Industry Can't Stop Calif. AG's Pollution Subpoena
A D.C. federal judge on Wednesday denied a plastics industry group's second bid to stop California's attorney general from enforcing a subpoena in a global plastic pollution probe, saying the group again failed to establish that the court had personal jurisdiction over the Golden State's top attorney.
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November 07, 2024
Masimo Spinoff's Ex-CTO Denies Giving Apple Trade Secrets
Cercacor Laboratories' former chief technology officer testified Thursday that he privately emailed Apple CEO Tim Cook offering to help the tech giant become a top health and wellness device brand, but denied accusations that he gave Apple any of the Masimo spinoff's pulse oximetry trade secrets.
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November 07, 2024
Santa May Come Early For Mariah Carey In 'Christmas' IP Suit
A California federal judge said Thursday that she is "inclined" to grant Mariah Carey and others a victory in a copyright infringement suit over her song "All I Want For Christmas Is You" and sanction the plaintiffs after the pop singer's side alleged they made legally frivolous arguments.
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November 07, 2024
Valve Says Atty Ignoring, Threatening Gamers In Antitrust Row
Valve Corp. has urged a Washington federal judge to grant it permission to directly contact game buyers whom the gaming marketplace company is suing to block them from continuing to arbitrate their antitrust claims, saying some gamers want out of arbitration, but their counsel at Bucher Law PLLC is not responsive to their queries.
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.