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California
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May 03, 2024
Berkshire Hathaway Countersuit Tossed From Contractor Spat
A California federal judge tossed Berkshire Hathaway's counterclaims in a $17 million coverage dispute with a fiber optic network developer over an unfinished project, ruling that the insurer failed to meet heightened standards after claiming the developer conspired to prevent the contractor from performing its work.
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May 03, 2024
Robbins Geller Attys To Take Stand In $8M Sanctions Dispute
A petroleum refiner will put current and former Robbins Geller Rudman & Dowd LLP attorneys on the stand May 7 in an extraordinary evidentiary hearing testing what the plaintiffs' lawyers knew about an analyst's now-discredited findings as they pursued since-nixed price-fixing claims.
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May 03, 2024
No Retrial Coming After $20M Cannabis Investor Verdict
A Los Angeles judge has denied a bid by CADM Inc. for a retrial following a $20 million verdict against it and its affiliates on claims that they defrauded investors with a real estate scheme, finding that the motion was not served to the proper attorneys on time, and even if it had been, the judgment would stand.
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May 03, 2024
Car Loan Co. Strikes Deal In Employee Stock Valuation Suit
A car loan company has agreed to resolve a proposed class action alleging it violated federal benefits law when it revalued its stock at the start of the pandemic and forced retirees to sell their shares at a lower value, according to a California federal court filing.
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May 03, 2024
6 States Strike $270M Opioid Deal With Amneal
The New York state attorney general on Friday said that a $270 million multistate deal had been reached with opioid manufacturer Amneal Pharmaceuticals for its role in the addiction epidemic over allegations that the company failed to report suspicious orders of the narcotics.
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May 02, 2024
Whistleblower Claims Would 'Destroy' Autonomy, GC Was Told
Autonomy's former U.S. general counsel testified Thursday in the criminal fraud trial of former CEO Michael Lynch that the company's chief operating officer didn't want a whistleblower's claims to get into court, telling him that while the "law" was on their side, "the facts look bad" and would "destroy Autonomy."
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May 02, 2024
Jury Finds MacroAir Infringed Big Ass Fans' Patents
Following a four-year dispute between a home-cooling outfit called Big Ass Fans and major rival MacroAir Technologies Inc., a California federal jury has found that MacroAir owes just about $665,000 in patent damages as well as an additional amount for false advertising, a total that was well below the over $100 million requested.
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May 02, 2024
TikTok, Users Push 9th Circ. To Keep Block On Montana Ban
TikTok and its users are hitting back at Montana's bid to convince the Ninth Circuit to unblock a new law that would ban the social media app in the state, arguing that the state's position that the statute is a consumer protection measure that regulates conduct and not constitutionally protected speech is "premised on fiction."
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May 02, 2024
Wells Fargo Discloses Zelle Dispute-Handling Scrutiny
Wells Fargo & Co. on Thursday became the latest financial institution to disclose government scrutiny of how customers' dispute claims for potentially mistaken or fraudulent instant payments are being handled.
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May 02, 2024
NFL Throws Flag On Harvard Prof's Sunday Ticket Testimony
An attorney for the NFL urged a California federal judge Thursday to limit testimony from a Harvard law professor set to appear for the plaintiffs in an upcoming antitrust lawsuit over the Sunday Ticket television package, saying his expert report veers into impermissible legal opinions that will confuse the jury.
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May 02, 2024
EPA, Calif. AG Sue San Fran For Clean Water Act Breaches
The U.S. Environmental Protection Agency has sued San Francisco for "repeated and widespread" violations of the Clean Water Act, including allegedly discharging billions of gallons of untreated sewage into the ocean and other bodies of water popular for swimming, surfing and fishing.
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May 02, 2024
Masimo Hit With Derivative Suit Over Audio Co. Acquisition
The top brass at medical device company Masimo Corp. has been hit with a shareholder derivative action claiming they harmed the company and "confused" investors by pushing through a $1 billion acquisition of an audio equipment company, allegedly causing a steep drop in stock prices and a $5.1 billion market capitalization loss.
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May 02, 2024
Biden Expands Protections For 2 National Monuments In Calif.
President Joe Biden on Thursday expanded protections on nearly 120,000 acres of land for two California national monuments considered sacred to Native Americans, while permanently returning one to its original Indigenous name.
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May 02, 2024
Ship Captain Gets 4 Years Over Boat Fire That Killed 34
A California federal judge on Thursday sentenced a ship captain to four years in prison over his conviction stemming from a deadly boat fire that killed 34 people, citing the captain's remorse and lack of ill intent as he declined to impose the government's and some victims' family members' request for the statutory maximum of 10 years.
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May 02, 2024
Patent Board Rulings Send $3.3M Judgment Up In Flames
The Federal Circuit on Thursday affirmed Patent Trial and Appeal Board decisions invalidating three networking patents that NetScout had been found to infringe, and then held that the holding wipes out a $3.3 million judgment against the company, because it was not yet final.
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May 02, 2024
Microsoft, Activision Seek Del. Court Patch For $68.7B Sale
Microsoft Corp. and Activision Blizzard petitioned Delaware's Court of Chancery on Thursday for an order validating Activision's already closed but officially "defective" $68.7 billion sale agreement, arguing that the court pointed the two companies to a "solution for missteps in Delaware's General Corporation Law.
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May 02, 2024
9th Circ. Backs Game Developer's Win In Sex Harassment Suit
The Ninth Circuit declined Thursday to reinstate a lawsuit a former employee brought against a video game developer accusing it of subjecting him to lewd jokes and firing him after he complained, saying a lower court didn't err by admitting certain evidence at trial.
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May 02, 2024
Kind Keeps Win At 2nd Circ. In MDL Over 'All Natural' Labeling
The Second Circuit on Thursday affirmed a summary judgment for Kind LLC against a group of buyers who said the company misled consumers by labeling products as "all natural," saying the plaintiffs failed to establish through evidence how a reasonable buyer would understand the term.
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May 02, 2024
Poultry Cos. To Pay $5.1M Settling OT, Child Labor Violations
A network of California poultry processors will pay over $5 million to settle a U.S. Department of Labor lawsuit in federal court after an agency investigation found the processors employed children to debone poultry and failed to pay over 475 workers overtime.
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May 02, 2024
Calif. Justices To Review Gilead's HIV Drug Negligence Fight
The California Supreme Court has granted Gilead Sciences Inc.'s request to review an appellate court's holding that the drugmaker must face claims it held back a safer HIV drug to maximize profits on an older medication.
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May 02, 2024
Calif. Hospitals Say BCBS Unit Left Them With $3.8M Bill
A pair of California health systems say that Pittsburgh-based Highmark Blue Cross Blue Shield isn't honoring its obligations to pay them under a national Blue Cross insurance program, leaving their hospitals holding the bag for up to $3.8 million worth of treatment, according to two lawsuits filed in Pennsylvania state court.
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May 02, 2024
Davis Wright Brings On MoFo Appellate Litigator In San Fran
Davis Wright Tremaine LLP has brought on a former Morrison Foerster LLP partner in San Francisco, strengthening its appellate practice with an experienced appellate litigator who clerked for a U.S. Supreme Court justice, a California Supreme Court justice and other judges, the firm announced Thursday.
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May 02, 2024
GRSM50 Adds Employment Litigator From Calif. Solo Shop
Gordon Rees Scully Mansukhani LLP, which is now going by the name GRSM50, is expanding its employment team, announcing Wednesday it is bringing on an employment litigator who previously ran his own firm to be a partner in the firm's San Diego office.
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May 01, 2024
Eastman Denied Stay Of Inactive Status To 'Safeguard' Public
A State Bar Court of California judge on Wednesday denied a request from Donald Trump's onetime attorney John Eastman to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he hasn't shown that "he no longer presents a threat to the public."
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May 01, 2024
Dan Schneider Sues WB For Defamation Over 'Quiet On Set'
Former Nickelodeon producer Dan Schneider filed a defamation lawsuit Wednesday in Los Angeles against Warner Brothers Discovery Inc. and others associated with the recent "Quiet on Set: The Dark Side of Kids TV" docuseries, which he says falsely states or implies he is a child sexual predator.
Expert Analysis
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Inside Higher Education's New FCA Liability Challenges
As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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9th Circ. Scienter Ruling May Strengthen FDA's Leverage
A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Why Challenges To FTC Authority Are Needed
In spite of skepticism from courts, the Federal Trade Commission continues to advance novel legal theories — and Meta's recent federal suit against the agency over its alleged "structurally unconstitutional" administrative proceedings is arguably an expression of backlash to regulatory overreach, says Daniel Gilman at the International Center for Law & Economics.
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The Key Laws Retailers Should Pay Attention To In 2024
2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.
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What's Ahead For Immigrant Employee Rights Enforcement
The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.
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NCAA Proposal Points To A New NIL Compensation Frontier
Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Top 10 Whistleblowing And Retaliation Events Of 2023
The U.S. Securities and Exchange Commission and federal and state courts made 2023 another groundbreaking year for whistleblower litigation and retaliation developments, including the SEC’s massive whistleblower awards, which are likely to continue into 2024 and further incentivize individuals to submit tips, say attorneys at Proskauer.
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Clean Water Act Jurisdiction Still Murky After A Choppy 2023
This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
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A Former Bankruptcy Judge Talks 2023 High Court Rulings
In 2023, the U.S. Supreme Court issued four bankruptcy law opinions — an extraordinary number — and a close look at these cases signals that changes to the U.S. Bankruptcy Code will have to come from Congress, not the courts, says Phillip Shefferly at the University of Michigan Law School.
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5 Trends To Watch In Property And Casualty Class Actions
In 2023, class action decisions have altered the landscape for five major types of claims affecting property and casualty insurers — total loss vehicle valuation, labor depreciation, other structural loss estimating theories, total loss vehicle tax and regulatory fees, and New Mexico's uninsured and underinsured motorist coverage sale requirements, say Mark Johnson and Mathew Drocton at BakerHostetler.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.