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March 01, 2024
CVS, Walgreens Receive FDA's OK To Dispense Abortion Drug
Pharmacy giants CVS and Walgreens announced Friday that they have received federal certification to dispense the abortion drug mifepristone and will begin doing so soon in certain states — a development that President Joe Biden hailed as historic and that comes amid a larger battle in the U.S. Supreme Court.
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March 01, 2024
Gilead, Cipla Ink Deal To End HIV Drug Buyers' Antitrust Suit
Gilead Sciences Inc. and generics maker Cipla told a California federal judge Friday they've reached a settlement ending a proposed class action filed by a public employees' health insurance fund over an alleged anti-competitive patent deal to delay the launch of a generic version of the HIV drug Truvada.
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March 01, 2024
Vidal Asked To Review PTAB Decisions In Semiconductor Fight
A Dallas company called Greenthread LLC has asked the head of the U.S. Patent and Trademark Office to review decisions of the Patent Trial and Appeal Board allowing challenges to claims in a pair of its patents.
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March 01, 2024
Off The Bench: NCAA Loses On NIL, DC Wins With Stadium
In this week's Off The Bench, a judge unlocked the door to name, image and likeness money for college athletes, Shaquille O'Neal's Hollywood debut still rings true three decades later, and D.C. clears an early legislative hurdle in its bid to bring back its namesake NFL team. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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March 01, 2024
Legal Study Site Says Data Privacy Claims Don't Apply To It
Sellers International has asked a California federal court to dismiss a law school student's proposed class action claiming it shares video-watching data and other personal information with a third party without consent, arguing that the suit fails to show it is a videotape service provider and that it disclosed any personal information, and his suit risks violating the company's First Amendment rights.
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March 01, 2024
Employment Law Firm Sues IT Co. Over Ransomware Attack
California-based employment law firm Mastagni Holstedt has sued an IT solutions company in Sacramento County Superior Court, saying that after hiring the company to install a network system and server, the firm suffered a ransomware attack forcing it to pay a group known as Black Basta to retrieve its data.
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March 01, 2024
Calif. Water Utility Sues Feds Over Havasu Easement Access
A California public water utility hit the U.S. Department of the Interior with a complaint accusing the agency of preventing the utility from using an easement to access its supply pipeline located near the Parker Dam on Lake Havasu and distribute water to nearby residents.
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March 01, 2024
Musk Says OpenAI, Altman Broke Co.'s Founding Principles
Elon Musk has accused former business partner and OpenAI CEO Sam Altman of setting the business' "founding agreement aflame," alleging in a California state lawsuit that he betrayed his promises to run the company as a nonprofit and make technological advances open to the public so artificial intelligence development would be "for the benefit of humanity."
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March 01, 2024
Taxation With Representation: Pillsbury, Cleary Gottlieb
In this week's Taxation with Representation, First Advantage Corp. acquires Sterling Check Corp., International Game Technology spins off two subsidiaries, Disney merges its media operations in India with Reliance Industries, and Atlas Energy Solutions purchases Hi-Crush.
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March 01, 2024
GRSM50 Adds Employment Pro In San Diego From Solo Shop
Gordon Rees Scully Mansukhani LLP, now known as GRSM50, is bolstering its employment team, bringing in a trial attorney, with his own firm, adept at class actions as a partner in its San Diego office.
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February 29, 2024
Uber Playing 'Cat & Mouse' In Sex Assaults MDL, Judge Told
Uber is playing a "cat and mouse game" by withholding documents related to government probes of the ride-hailing company over sexual assaults despite a court order to produce them, a lawyer for sex assault victims in the multidistrict litigation told a California federal magistrate judge Thursday.
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February 29, 2024
Vanderpump Rules' 'Scandoval' Sparks Revenge Porn Suit
Former "Vanderpump Rules" cast member Rachel Leviss on Thursday leveled revenge porn and invasion of privacy claims at cast members Tom Sandoval and Ariana Madix, claiming that sexually explicit videos of her were recorded without her consent and then distributed amid the show's viral "Scandoval" cheating scandal.
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February 29, 2024
Netflix IP Judge Open To Firm's Withdrawal From 'Messy' Suit
A California federal judge said Thursday he's inclined to allow Ramey LLP to withdraw from representing a Finnish inventor in his patent infringement case against Netflix, saying that it "is a messy situation" with an interesting factual record, but "at the end of the day, Mr. Ramey is not getting paid."
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February 29, 2024
X Corp. Judge Blasts Suit Against Hate Speech Nonprofit
A California federal judge on Thursday appeared inclined to toss X Corp.'s contract suit against a nonprofit claiming hate speech has surged on the former Twitter platform with Elon Musk's ownership, saying X's argument on damages "reduces foreseeability to one of the most vapid extensions of law."
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February 29, 2024
OpenAI Granted Injunction Against 'Open AI' TM Owner
OpenAI has won a preliminary injunction against a man who has been preventing the ChatGPT maker from registering its name as a trademark, with a California judge finding it's likely to succeed on the merits of its trademark infringement claim over the man's "Open AI" mark.
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February 29, 2024
Ousted Talent Agency CEO Sues Over 'Bogus' Firing
Talent agency Verve's former CEO William Weinstein sued his fellow co-founders in California state court Thursday, alleging they fired him in bad faith for the "bogus" cause to cut him out of his equity shares and leaked his termination to the press in violation of the confidentiality provisions of their operating agreement.
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February 29, 2024
9th Circ. Sends COVID-19 Coverage Row Back To Tribal Court
A Ninth Circuit panel unanimously affirmed the Suquamish Tribal Court's jurisdiction over a COVID-19 coverage dispute, finding in a published opinion Thursday that although the tribe's insurers weren't present on its land, a consensual business relationship means tribal law applies.
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February 29, 2024
Atty Not Bound By Settlements In Fla. Breach Of Contract Suit
A Florida appellate panel on Thursday reversed a lower court ruling that a Mississippi attorney violated agreements prohibiting him from publicly disparaging parties and disseminating filings in prior cases, saying he wasn't obligated to follow the settlements despite the parties' intentions of having them apply to him.
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February 29, 2024
Medtronic Expands Its Bladder Device Patent Fight
Medical device conglomerate Medtronic has opened two more fronts in its fight over a new kind of "neuromodulation solution" for bladder and bowel control issues that's at the center of its ongoing intellectual property dispute with a newer and smaller rival, a recent acquisition of Boston Scientific.
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February 29, 2024
Chancery Preserves Class Suit Over Microsoft-Activision Deal
An Activision Blizzard shareholder that sued in Delaware's Court of Chancery over the company's $68.7 billion sale to Microsoft Corp. got the nod Thursday to move forward with the proposed class action that alleges the merger process may have violated Delaware law.
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February 29, 2024
Lummis, Clement Slam SEC's Kraken Suit As Crypto Overstep
Sen. Cynthia Lummis, R-Wyo., crypto industry groups and veteran appellate attorney Paul Clement have told a California federal judge in a series of amici briefs that the U.S. Securities and Exchange Commission's suit against crypto exchange Kraken expands the definition of investment contract beyond what Congress intended and overreaches its authority to issues lawmakers intend to address.
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February 29, 2024
Attys Seek To Get Migrant Kids Out Of 'Unsafe' Open-Air Sites
A group of human rights organizations urged a California federal court on Thursday to compel the Biden administration to move migrant children out of open-air detention sites along the border, saying the children have been forced to shelter in "extraordinarily unsafe and unsanitary" conditions including portable toilets, dumpsters and trash-filled filled tarps to escape the elements.
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February 29, 2024
SF City Atty Seeks To Exit US News 'Best Hospitals' Probe Suit
San Francisco's city attorney has asked a California federal court to toss U.S. News & World Report's suit claiming that his office issued "flatly unconstitutional" subpoenas into the publisher's ranking methodology for its "Best Hospitals" list, arguing that the suit fails to state an injury.
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February 29, 2024
Wells Fargo Trying To Paper Over Sham Sign-Ups, Suit Says
Wells Fargo was hit Thursday in San Francisco federal court with a class action complaint that alleges the bank surreptitiously enrolled consumers in unwanted account products for years, and is now trying to buy them off on the cheap with murky offers of compensation.
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February 29, 2024
Newsom, Tribe Must Negotiate Gambling Pact Under IGRA
A federal district court judge ruled in favor of a California tribe in its challenge to Gov. Gavin Newsom for failing to negotiate its gambling compact in good faith, saying a Ninth Circuit determination that off-list topics cannot be included in tribal agreements heavily swayed the decision.
Expert Analysis
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A Look At Competition Enforcers' 2026 World Cup Game Plan
Ahead of the 2026 FIFA World Cup, competition authorities of the host nations, the U.S., Mexico and Canada, have recently launched a joint initiative to police collusive schemes, setting an example for other countries' cross-border collaboration — so companies pursuing tournament opportunities should take note, say Carsten Reichel and Will Conway at Norton Rose.
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SEC's Life Sciences Actions Utilize Novel Tools And Theories
Recent enforcement actions show that the U.S. Securities and Exchange Commission is employing new forms of data analytics and noteworthy applications of insider trading laws in its scrutiny of fraud within the life sciences and health industries, say Edward Imperatore and Jina Choi at MoFo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Issues Arise As Cos. Shift From Class Actions To Arbitration
As corporations like Epson and Samsung move from class action to arbitration, challenges such as a lack of transparency and delay tactics have emerged, leaving a pressing need for legislative reform to ensure accountability and to uphold the rights of consumers and employees, says former Maine Attorney General Andrew Ketterer.
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Opinion
SEC Actions Against Musk Are Constitutionally Defective
The U.S. Securities and Exchange Commission's recent subpoena enforcement action against Elon Musk may be constitutionally and statutorily deficient — and the commission staff who issued the subpoenas and the action may have been unconstitutionally appointed, say Alex Lipman at Lipman Law and Justin Weddle at Weddle Law.
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New Calif. Hemp, CBD Rules Affect Nationwide Compliance
Because of its huge market share, it is imperative that operators in every state understand the nuances of California's hemp and CBD regulatory regime, including policies refined over the past year and pending legislation that would allow cannabis licensees to sell, manufacture and distribute hemp and CBD products, say Alexis Lazzeri and Meital Manzuri at Manzuri Law.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Life Sciences Cos. Can Prevent Securities Class Actions
Though the overall volume of securities fraud class actions has dipped in the last couple of years, life sciences companies remain a particularly popular target for these filings and should employ best practices to minimize risk, say Joni Jacobsen and Angela Liu at Dechert.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Why Bankruptcy Is A Budding Alternative For Cannabis Cos.
A set of recent decisions from a California bankruptcy court regarding The Hacienda Co. signal a retreat from a zero-tolerance policy requiring dismissal of any bankruptcy case involving a cannabis-related business, and show why cannabis companies could benefit from having full access to the bankruptcy system, say George Singer and Rachel Gillette at Holland & Hart.
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Navigating Over-The-Counter Product Ads After FTC Warning
Attorneys at Hunton examine advertising substantiation requirements under both the Federal Trade Commission Act and Lanham Act, following recent FTC letters informing hundreds of companies that over-the-counter product marketing claims must be corroborated by scientific evidence.
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AGs' Distaste For Food Bill May Signal Other State Issues
States' recent opposition to a proposed federal law that would block them from regulating out-of-state agricultural production could affect issues beyond this narrow debate, such as the balance of state and federal regulatory power, reproductive rights post-Dobbs, and energy production and water use, say Christopher Allen and Stephen Cobb at Cozen O'Connor.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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When Calif. Health Shield Law Reaches Beyond State Borders
In light of California's newly signed shield law to increase protections for reproductive health and gender-affirming care, it's important to understand how the law's covered services and key legal protections could affect patients and providers nationwide, says Natalie Birnbaum at Nelson Hardiman.
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Why All Cos. Should Take Note Of Calif. GHG Disclosure Laws
Two recent California laws involving the disclosure of greenhouse gas emissions, as well as the U.S. Securities and Exchange Commission's upcoming final rule, focus on financial services firms' so-called financed emissions, meaning vastly more companies than those directly subject to today's reporting mandates will be required to supply climate-related risk disclosures, says David Smith at Manatt.