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December 20, 2024
9th Circ. Orders Closer Security Review In Muslim Spying Suit
The Ninth Circuit on Friday partially revived a long-running putative class action over the FBI's alleged surveillance of Muslims in Southern California, saying more work needs to be done before determining whether the case is so tied to state secrets that it puts national security at risk.
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December 20, 2024
Amazon Touted Efforts To Curb Price-Gouging, Shoppers Say
A group of online shoppers said Thursday that Amazon can't dodge litigation alleging price-gouging during the pandemic, arguing that the retail giant's efforts to toss the case are contradicted by earlier public statements "trumpeting" the company's work with Washington's attorney general to enforce the state's consumer protection law against price-gougers.
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December 20, 2024
Real Estate Recap: Stats, Multifamily Tech, Pot Shop Pickle
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including big picture stats for commercial real estate in 2024, how one proptech company is leveraging resident data for multifamily profitability, and a conversation with a BigLaw leader about navigating New York's pot shop crackdown.
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December 20, 2024
Biggest Washington Decisions Of 2024
Washington courts in 2024 saw a state judge permanently block Kroger's planned $24.6 billion purchase of Albertsons, just about an hour after an Oregon federal judge reached a similar decision, leading the deal to collapse.
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December 20, 2024
FTA Proposes Buy America Waiver For Electric Minibuses
The Federal Transit Administration has asked for public feedback on whether it should grant a temporary nonavailability waiver from domestic sourcing requirements for battery electric minibuses, saying it had received related requests from multiple transit operators.
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December 20, 2024
Psychedelics Law Reformers Hit Multiple Setbacks In 2024
In 2024, advocates, physicians and researchers attempted to broaden lawful access to federally illegal psychedelic drugs through a variety of avenues — the new drug approval process, litigation and a ballot initiative — with the upshot that the law remains largely unchanged and, for the most part, still restricts legal use and possession of these substances.
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December 20, 2024
Unionized Starbucks Workers Launch 5-Day Strike
Starbucks baristas in unionized stores in Los Angeles, Seattle and Chicago have gone on strike, Starbucks Workers United has announced, saying the union plans to spread the strike to other markets across the country between now and Christmas Eve.
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December 19, 2024
Monsanto PCB Trial Groups Can Grow, Wash. Judge Says
A Washington state judge laid out a plan on Wednesday to consolidate a series of alleged chemical poisoning cases pending against Monsanto in connection to an Evergreen State school, largely rejecting the company's arguments that it would be prejudiced if plaintiffs merged into larger trial groups.
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December 19, 2024
Uber Sues Seattle Over Courier Account Deactivation Law
A Seattle ordinance aimed at preventing app-based workers from being unfairly deactivated from apps they use poses "grave constitutional problems," Uber alleged in a suit filed Wednesday in Washington federal court, saying the local law forces the transportation company to express views inconsistent with how it approaches privacy and safety.
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December 19, 2024
Teamsters Launch Strike In Bid To Force Amazon To Table
Workers at seven Amazon facilities across the country who have organized with the Teamsters launched a strike against the e-commerce giant Thursday, demanding that the company meet them at the bargaining table.
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December 19, 2024
Teradata Antitrust, IP Suit Revived Against German Co.
A Ninth Circuit panel on Thursday revived data analytics company Teradata Corp.'s antitrust and trade secret suit against German software company SAP, saying a lower court rejected the case despite there being factual disputes over key issues concerning market effects and confidential information.
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December 19, 2024
Juice Co. Pres. Supplied Tainted Drink To Low-Income Students
A Washington-based fruit juice company executive pled guilty to charges related to selling tainted juice — some of which found its way into free or low cost lunches provided to students from low-income households — federal prosecutors announced on Thursday along with her nearly $750,000 penalty.
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December 19, 2024
Amazon Gets 'Wide Berth' Of Discovery In Drivers' Wage Suit
A Washington federal judge largely granted Amazon's discovery request in an 8-year-old lawsuit brought by delivery drivers accusing the company of misclassifying them as independent contractors, saying the data it seeks is reasonable for its forthcoming challenge to the workers' class certification bid.
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December 19, 2024
Outgoing Wash. Gov. Proposes Wealth Tax In Budget
Washington state would levy a 1% tax on residents with worldwide wealth of more than $100 million and increase taxes on businesses under a budget proposal from outgoing Gov. Jay Inslee.
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December 19, 2024
Casinos Say DOJ Has No 'Starting Point' For Room Rates
Las Vegas casino hotels urged the Ninth Circuit on Wednesday not to revive the first algorithmic price-fixing case to reach an appeals court, in a brief that took direct aim at the Justice Department's amicus intervention in the room rate lawsuit.
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December 18, 2024
Split 9th Circ. Backs 46-Month Prison Term For Stock Pumper
A divided Ninth Circuit on Wednesday affirmed a 46-month sentence for a Canadian man convicted of securities fraud in a pump-and-dump scheme involving a cannabis and gaming company, rejecting his argument that the lower court erred by calculating "intended loss" to enhance his sentence, since circuit precedent recognizes both actual and intended losses.
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December 18, 2024
Monsanto Protests DNA Damage Argument In PCB Closings
An attorney in a toxic tort against Monsanto drew a sustained objection from the company's defense during closings Wednesday as he attempted to argue that some of the young girls allegedly exposed to PCBs "will give birth to children with altered DNA," as counsel sparred over whether the plaintiffs suffered "generational harm."
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December 18, 2024
Wash. City Settles Road Rage Shooting Suit For $15M
A Puget Sound municipality has agreed to pay $14.9 million to a restaurant owner who was paralyzed in a road-rage shooting, an attorney for the entrepreneur announced Wednesday, claiming that the same gun used to injure his client was given to the shooter by police days earlier.
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December 18, 2024
Judge Wants To Know If Colo. Kroger Merger Fight Is Moot
A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday.
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December 18, 2024
Wash. AG Says Atty Forged Order To Block Client's Arrest
Washington's attorney general has accused a defense attorney of forging a court order and a judge's electronic signature to deceive law enforcement officers and prevent her client's arrest for allegedly violating an anti-harassment order related to an assault charge.
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December 18, 2024
CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say
The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety.
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December 18, 2024
States, Green Groups Drop Suits Over USPS Vehicle Plan
A coalition of states and cities and several environmental groups moved to dismiss their lawsuits challenging the U.S. Postal Service's multibillion-dollar plan to acquire its next-generation delivery vehicles.
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December 18, 2024
Hagens Berman Says Apple, Amazon Doc Demand Is Off Base
Hagens Berman Sobol Shapiro LLP is firing back against Apple and Amazon's bid to force the turnover of texts and emails with a client who disappeared from a putative class action against the tech giants, calling the spat an opportunistic attack "based on a fiction."
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December 17, 2024
Union Says DOL's H2-A Contracts Defy Court Order
A farmworkers union told a Washington federal judge Monday that the U.S. Department of Labor is violating a court injunction by greenlighting H-2A contracts that do not include 2020 prevailing wage rates for the upcoming cherry and apple harvests.
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December 17, 2024
Monsanto Owes $690M In Latest Wash. PCB Trial, Jurors Told
Fifteen people who say they were poisoned by Monsanto-made chemicals asked a Washington state jury to award them $690 million plus even more in punitive damages on Tuesday, rounding out a two-month trial as the company argued the request for "generational wealth" isn't backed by enough evidence to attribute their ailments to the toxins known as PCBs.
Expert Analysis
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates
The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Notable 2024 Trademark Cases And What To Watch In 2025
Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.
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How A 9th Circ. Identicality Ruling Could Affect AI Cos.
If the Ninth Circuit agrees to settle a district court split over whether the Digital Millennium Copyright Act requires a copy to be identical to an original to support an actionable claim for removing copyright management information, the decision could have important ramifications for artificial intelligence businesses, says Maria Sinatra at Venable.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Reviewing 2024's State Consumer Privacy Law Enforcement
While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.