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California
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February 21, 2025
9th Circ. Won't Revive Atty's Fraud Case Against Ex-Girlfriend
The Ninth Circuit on Friday said it would be futile to resuscitate a California attorney's pro se case accusing a former girlfriend of fraud and extortion after she asked him to take down a website he created to shame her, siding with a trial judge who determined a damages claim was based on conclusions not backed up by facts.
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February 21, 2025
USC Widow Challenges NCAA Verdict In Calif. Supreme Court
The widow of a USC linebacker to whom a California jury denied $53 million in damages related to her wrongful death suit against the NCAA has appealed the decision to the Supreme Court of California, after an appellate court affirmed the decision.
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February 21, 2025
9th Circ. Revives Atty's Ownership Claims Over Calif. Winery
A Ninth Circuit panel on Friday revived an attorney's ownership claims over a California winery, finding factual disputes over an alleged oral agreement with the winery's former owner require a trial, while also upholding a jury's verdict that found a breach fiduciary duty claim against the attorney that awarded no damages.
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February 21, 2025
Dispute Over FDA Menthol Cigarette Ban Paused Until August
A California federal judge has agreed to pause a lawsuit alleging that federal health regulators slow-walked implementing a ban on menthol cigarettes while new leadership assumes control of the U.S. Department of Health and Human Services.
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February 21, 2025
'Unsupported Conclusions' Doom Ad App Suit Against Google
A California federal judge has permanently tossed an antitrust suit accusing Google of kicking a now-defunct advertising app maker out of the Play Store in order to squelch a potential digital advertising rival, finding that the act alone was not enough to show harm to the market from the alleged monopolization.
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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
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February 21, 2025
Paul Hastings Seeks To End GenapSys Malpractice Action
Paul Hastings LLP has moved for summary judgment in a malpractice action from GenapSys Inc., saying the case is barred because the genomic sequencing company failed to disclose its possible claim until after confirmation of its bankruptcy plan.
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February 21, 2025
WilmerHale Corporate Ace Joins DLA Piper In California
DLA Piper has added a former WilmerHale attorney to strengthen its corporate practice, including bolstering its service to clients in the life sciences and healthcare industries.
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February 21, 2025
LGBTQ+ Health Orgs Aim To Halt Trump DEI, Gender Orders
Three executive orders by President Donald Trump barring federal contractors from pushing "gender ideology" and diversity-related programs violate the U.S. Constitution, a group of nonprofit LGBTQ+ organizations told a California federal court.
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February 21, 2025
Jackson Lewis Adds Hopkins Carley Employment Pro In Calif.
Labor and employment firm Jackson Lewis PC is bringing in a Hopkins Carley employment law veteran as a principal in its Silicon Valley office.
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February 21, 2025
NIH Research Cuts Stay On Hold As Judge Mulls Objections
A Boston federal judge on Friday extended her hold on a Trump administration proposal to slash reimbursements from the National Institutes of Health for research grant costs, a move colleges, hospitals and other institutions have said would wreak havoc on scientific research.
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February 21, 2025
Justices Knock Ala. For Immunizing State Officials
The U.S. Supreme Court on Friday ruled a group of Alabama unemployment applicants can pursue allegations that delays in the state's benefits review process violated their federal civil rights, holding a state law that requires litigants to exhaust administrative remedies before filing suit doesn't bar their procedural claims.
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February 20, 2025
Judge's Son Concedes Misstatement To Police After Shooting
The son of a California judge on trial for allegedly murdering his wife with a handgun acknowledged during cross-examination Thursday that he didn't see his father pull the gun out and aim it at the victim before firing, despite telling police otherwise.
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February 20, 2025
Tribes Fail To Win Reversal Of Ore. Casino Project Decision
A D.C. federal judge has denied a bid by three tribes to reverse an Interior Department decision approving a land trust application for another tribe in what is Oregon's first off-reservation casino, ruling that they've failed to show how the project would harm them.
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February 20, 2025
Calif. Privacy Agency Takes Regulatory Aim At 6th Data Broker
The California Privacy Protection Agency continued to keep the heat on data brokers Thursday, announcing that it's pursuing a monetary penalty against a Florida-based company that allegedly failed to comply with the registration requirements of a groundbreaking state data deletion law.
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February 20, 2025
Citron Research Founder Ran 'Classic' Fraud Ploy, DOJ Says
The well-known activist short-seller Andrew Left shouldn't escape U.S. Department of Justice allegations he improperly made $16 million using bait-and-switch tactics to manipulate trading prices, prosecutors have argued, saying the indictment makes it clear he's been charged with "a classic securities fraud scheme."
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February 20, 2025
Ex-Kirkland IP Atty Asks To Fire Her Bias Suit Atty 'For Cause'
A former Kirkland & Ellis LLP intellectual property associate suing Kirkland over bias claims has urged a California federal judge to fire her counsel at Filippatos PLLC and force Filippatos to hand over her client file, disputing Filippatos' assertion that her professional misconduct allegations are a contrived attempt to avoid paying fees.
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February 20, 2025
Ex-CFPB Chief Chopra Raps 'Totally Weird' Trump Shutdown
Former Consumer Financial Protection Bureau Director Rohit Chopra knocked the Trump administration's efforts to shut down the consumer agency as a bizarre and potentially self-owning policy choice, warning Thursday that it will only hurt businesses and consumers.
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February 20, 2025
Bob Iger Insider Trading Claim Cut From Disney+ Investor Suit
A Los Angeles federal judge narrowed a putative securities class action over The Walt Disney Co.'s underperforming streaming service Disney+ on Wednesday, saying investors haven't sufficiently pled that CEO Bob Iger illegally sold off $375 million worth of holdings amid inflated subscriber growth predictions.
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February 20, 2025
Calif. Rail Project Back In Trump's Crosshairs With DOT Probe
The U.S. Department of Transportation on Thursday launched a compliance review into California's high-speed rail project, casting uncertainty over approximately $4 billion in federal funding for the beleaguered project that is back in the Trump administration's crosshairs.
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February 20, 2025
US Atty Pick In DC Probes Dem Lawmakers Over 'Threats'
President Donald Trump's nominee for U.S. attorney in the District of Columbia, who is already serving on an interim basis, has sent letters to Senate Minority Leader Chuck Schumer and at least one other Democratic lawmaker as part of a larger probe into supposed "threats" to Elon Musk and other federal government employees.
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February 20, 2025
Trump Admin Says CFPB Defunding Suit Guesses At Harms
The Trump administration on Thursday pushed back on a lawsuit alleging it seeks to "defund" the Consumer Financial Protection Bureau, arguing that concerns about access to a consumer complaint database and other information are "baseless speculation" about the agency's future financial decisions that don't justify an injunction.
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February 20, 2025
Boston, Other Cities And MassBio Back Challenge To NIH Cuts
The city of Boston and 44 other cities, counties and elected officials around the country and, separately, the life sciences industry group Massachusetts Biotechnology Council asked a Massachusetts federal judge on Thursday to extend a temporary restraining order blocking steep cuts to National Institutes of Health reimbursement for research projects.
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February 20, 2025
Unions Call Mass Layoff Of Probationary Fed. Workers Illegal
The U.S. Office of Personnel Management lacked the authority to order federal agencies to lay off tens of thousands of probationary employees, a group of unions representing federal workers argued in a new lawsuit in California federal court, looking to nullify the office's Feb. 13 mass-layoff directive.
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February 20, 2025
Green Groups Ask 9th Circ. To Press EPA Again On Atrazine
Environmental groups are urging the Ninth Circuit to reopen a long-running case against the U.S. Environmental Protection Agency over its regulation around the pesticide atrazine, arguing that the agency's yearslong delay in completing a court-ordered review of the chemical has allowed "serious harm to people, plants and wildlife."
Expert Analysis
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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A Narrow Window Of Opportunity To Fix Energy Transmission
A post-election effort of the coming lame-duck congressional session may be the only possibility to pass bipartisan legislation to solve the national grid's capacity deficiencies, which present the greatest impediment to realizing state and federal energy transition and emissions reduction goals, says David Smith at Manatt.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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E-Signature Best Practices For Employers After Calif. Ruling
In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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A Look At Calif.'s New AI Law For Health Insurers
A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.
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How 9th Circ. Ruling Expands Bankruptcy Trustees' Powers
The Ninth Circuit recently held in The Lovering Tubbs Trust v. Hoffman that a trustee can avoid intentionally fraudulent transfers, even if no creditor suffered harm as a result, materially strengthening bankruptcy trustees' powers, say Robert Klyman and Rod Kazempour at DLA Piper.
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Earned Wage Access Laws Form A Prickly Policy Patchwork
Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.
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2nd Circ. American Girl Ruling Alters Test Purchase Norms
The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.