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October 28, 2024
Google Shadow Attacks Divert Regulator Eyes, Microsoft Says
Like a shadow in the night, Google has been quietly organizing campaigns to attack Microsoft, mislead the public and divert antitrust regulatory scrutiny away from itself, a top attorney for the Washington tech giant claimed Monday in a fiery blog post.
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October 28, 2024
Wash. AG Candidates Clash On Consumer Protection, Guns
The candidates vying to replace Washington Attorney General Bob Ferguson, who carved out a national reputation as an antitrust champion, present starkly different visions on whether to build upon his tenure or reverse course, clashing not just on consumer protection, but also gun safety and access to reproductive care.
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October 28, 2024
Nokia Strikes Deal Ahead Of Trial In Texas Patent Co.'s Suit
Less than two weeks before a jury trial is set to begin, intervenor Nokia of America and patent owner Wireless Alliance LLC struck a deal resolving part of a lawsuit accusing telecommunication behemoths AT&T, Verizon and T-Mobile of patent infringement, according to a settlement notice filed in Texas federal court Friday.
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October 28, 2024
Monsanto Attys Fined $20K For Late Reports In PCB Trial
A Washington state judge has ordered eight attorneys defending Monsanto in a Seattle PCB poisoning trial to pay $2,500 each to the local bar foundation for late disclosure of expert reports, saying the "sting" of personal sanctions should deter any future bad behavior causing "chaos and disruption."
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October 28, 2024
9th Circ. Nixes Arbitration In Live Nation Ticket Sale Suit
The Ninth Circuit affirmed Monday that Live Nation and Ticketmaster can't force consumer litigation over allegedly exorbitant ticket prices into arbitration, ruling in a published opinion that the underlying arbitration agreement linking to "borderline unintelligible" arbitral rules is unenforceable.
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October 28, 2024
Surge In Nicotine Fee Suits Shows Wellness Program Risks
A recent crop of suits accusing large employers of violating nondiscrimination provisions in federal benefits law by making workers who use nicotine pay more for health insurance underscore the risk of using fees to offset healthcare costs, attorneys say. Here are five nicotine surcharge suits to keep an eye on.
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October 28, 2024
FTC, DOJ Tell 9th Circ. Google Wrong On Play Store Fixes
Federal antitrust enforcers told the Ninth Circuit there should be consequences after a jury found Google monopolized the Android app distribution market, as Google pushes to keep a court order paused in the antitrust case being brought by Epic Games.
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October 28, 2024
Feds Defend DEI Monitor Provision In Boeing Plea Deal
The U.S. Department of Justice said it will consider diversity and inclusion when it picks an independent compliance monitor for The Boeing Co. under a proposed plea agreement in the company's criminal conspiracy case, reassuring a Texas federal judge that the selection process will be rigorous.
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October 28, 2024
Amazon, Google Accuse Website Of Selling Fake Reviews
Amazon and Google filed parallel lawsuits Monday in federal court against the entities behind a website they say facilitates fake product and business reviews, saying in an announcement that the two tech giants teamed up to "take action against bad actors attempting to deceive customers."
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October 28, 2024
No COVID Property Tax Break For Hotels, Wash. Court Told
Hotels in Washington state should not get property tax breaks for COVID-19 because the pandemic was not a natural disaster that allows relief, the assessor of the state's most populous county told a state court.
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October 28, 2024
9th Circ. Says Amazon Auto-Renewal Suit Is Too Late
The Ninth Circuit said Monday that a proposed class action accusing Amazon of duping Prime subscribers into paying for memberships in its audiobook seller, Audible, was filed after a three-year statute of limitations under New York law had expired.
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October 25, 2024
Real Estate Recap: Campaigning On Housing, '25 Deal Volume
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the presidential candidates' stances on housing and Wall Street landlords, and one BigLaw real estate leader's predictions for deal volume in 2025.
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October 25, 2024
How Big Crash Verdict Revealed Blueprint For Suing Amazon
A rare $16.2 million verdict against Amazon recently awarded by a Georgia jury is proof that a blueprint of sorts now exists for pinning liability on the retail giant in crash cases involving independent contractors, according to a veteran attorney who helped win the case.
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October 25, 2024
Apple-Google Pact Plaintiff Stuck With 9th Circ. Appeal
A Ninth Circuit panel has refused to let a training school send its case accusing Google of paying Apple to refrain from developing its own search engine back to district court in light of a recent D.C. federal judge's decision that Google monopolizes the search market.
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October 25, 2024
9th Circ. Backs 7-Year Sentence Over Chip Exports To China
The Ninth Circuit on Friday upheld the seven-year prison sentence imposed on a former University of California, Los Angeles, electrical engineering professor convicted of illegally exporting high-powered semiconductor chips to China, saying the district court did not err in holding that the conduct amounted to an evasion of national security controls.
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October 25, 2024
Premera Rejection Seems Sparse, 9th Circ. Judges Say
A Ninth Circuit judge pressed Premera Blue Cross on Friday to defend refusing coverage for a Washington teen's lengthy mental health residential treatment, questioning if the insurer engaged in a meaningful dialogue as required with the youth's family in letters explaining why the treatment was medically unnecessary.
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October 25, 2024
Gloves Come Off In Wash. High Court Race As Election Nears
A high-powered civil litigator vying for an open seat on the Washington State Supreme Court says his municipal judge opponents' expertise is primarily relegated to traffic tickets, as that judge decries the critique as legal snobbery symptomatic of a greater disconnect in the judiciary.
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October 25, 2024
State AGs Back Mich.'s Immunity From Enbridge Pipeline Suit
Nine states and the District of Columbia have told the Sixth Circuit they back Michigan state officials' arguments of sovereign immunity from a lawsuit Enbridge Energy LP filed over the state's revocation of an easement for a segment of the company's Line 5 pipeline in the Straits of Mackinac.
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October 25, 2024
Dental Exec Flees Ahead Of Possible 7-Year Fraud Sentence
An arrest warrant was issued Friday for the former CEO of a dental device company who pled guilty to defrauding investors out of $10.7 million after he did not show up for his sentencing hearing, where Washington federal prosecutors were asking for seven years in prison.
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October 25, 2024
Judge Won't Revisit Ruling On Contractor Registration Clause
A Court of Federal Claims judge has refused to reconsider her ruling that a previously disqualified bidder was eligible for a $45 billion nuclear cleanup deal after fixing a lapsed federal registration, despite a contrary decision by another judge on the court.
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October 25, 2024
9th Circ. Dubious Of Tesla Investors' Appeal Of $12B Trial Loss
Ninth Circuit judges appeared skeptical Friday of Tesla investors' argument that an erroneous trial instruction improperly led a jury to reject their $12 billion claim over Elon Musk's 2018 tweets that he had "funding secured" to take the electric car giant private.
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October 25, 2024
'Starting Point' Algorithm Enough To Fix Prices, DOJ Says
The Justice Department is using the first algorithmic price-fixing case to reach an appeals court to argue that just because an algorithm only set "starting points" doesn't make its use legal, in a Ninth Circuit amicus brief backing efforts to revive a room rate lawsuit against Las Vegas casino hotels.
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October 25, 2024
Amazon Presses Drivers To Hand Over Docs, Info In Wage Suit
Amazon said that 17 named plaintiffs in an eight-year suit accusing the online retail giant of misclassifying drivers as independent contractors failed to meet discovery demands, urging a Washington federal judge to order them to fulfill the requests within 10 days.
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October 25, 2024
9th Circ. Says Muldrow Reopens Asian Worker's Bias Suit
The Ninth Circuit revived a former supply chain manager's lawsuit alleging she was demoted because she's Asian American, saying a lower court should take another look at the case based on a recent U.S. Supreme Court decision clarifying the standard for workplace discrimination claims.
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October 24, 2024
Colo. Says Grocers' Execs Get Paid, No Matter The Fallout
Colorado told a state judge Thursday that consumers bear the risk in a proposed $24.6 billion merger between Kroger Co. and Albertsons, arguing grocery executives will still get their multimillion-dollar payouts even if prices go up or stores close.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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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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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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Perspectives
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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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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'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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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.