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California
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April 04, 2024
Athletes Say NCAA's Own Actions Prove NIL Rules No Good
Athletes suing the NCAA over restrictions on the use of their names, images and likenesses are seeking summary judgment, arguing the practice dampens competition with no legitimate justification and that the organization's own actions have shown that to be true.
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April 04, 2024
John Eastman Says Inactive Status Hampers Livelihood
Former Donald Trump attorney John Eastman asked the State Bar Court of California on Wednesday to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he can't sustain the loss of his livelihood representing clients like Matt Gaetz and Marjorie Taylor Greene.
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April 04, 2024
Oracle Gets Wiretap Claim Cut From Data Collection Fight
A California federal judge on Wednesday trimmed a proposed class action alleging Oracle illegally sold internet users' "electronic profiles," finding that new allegations that executive Larry Ellison admitted Oracle's new technology was "scaring the lawyers" aren't enough to show tortious intent to plead a viable Electronic Communications Privacy Act claim.
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April 04, 2024
BofA Can't Escape Suit Over Pandemic Fee-Relief Pledge
A California federal judge has ruled that a group of Bank of America account holders can move forward with a case against the bank as they have adequately alleged it ended a COVID-19 fee-relief program without notice, while continuing to advertise the benefit through the bank's website, mobile app and social media accounts.
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April 04, 2024
NC Tax Fraud Trial Evidence Bids Get Lukewarm Reception
A North Carolina federal judge on Thursday seemed reluctant to limit certain evidence against two attorneys and an insurance agent in their upcoming tax fraud trial, saying some of it seemed pertinent to the government's quest to prove intent but suspected other information might be construed by jurors as "petty."
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April 04, 2024
Parents Deny Need For Defect In Amazon Suicide Suit
Families accusing Amazon of negligently selling chemicals teens used in their suicides told the Ninth Circuit Wednesday that their suit should get another chance, arguing they did not have to show the lethal chemical was defective in order to prove Amazon's liability.
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April 04, 2024
Wash. AG Defends Authority To Block Kroger-Albertsons Deal
The Washington Attorney General's Office has told a state court that a local consumer protection law allows it to bring actions challenging anti-competitive mergers and urged the court to reject contentions from Kroger and Albertsons that the state lacks authority to block a nationwide deal.
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April 04, 2024
Buchanan Taps Procopio Atty As Corporate Leader In Calif.
Buchanan Ingersoll & Rooney PC is expanding its West Coast corporate team with a pair of attorneys from Procopio Cory Hargreaves & Savitch LLP in its San Diego office, one of whom will head the firm's corporate practice in California.
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April 04, 2024
Ghostwriting Undercut Bar Conflict Safeguards, Report Says
The State Bar of California's former deputy executive director "violated the spirit and undermined the purpose of the Rule 2201 Program," according to a report the state bar commissioned investigating the former director's "ghostwriting" of reports connected to attorney discipline cases where conflicts arise, including one concerning embattled ex-attorney Tom Girardi.
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April 04, 2024
MLB's Athletics To Play In Sacramento Before Move To Vegas
The Oakland Athletics will play the 2025 to 2027 seasons in Sacramento's 14,000-capacity minor-league ballpark while their planned stadium in Las Vegas is built, the franchise and Major League Baseball announced Thursday morning, officially making this season the team's last in Oakland after 57 years.
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April 04, 2024
MV Realty Abusing Ch. 11 Process, Bankruptcy Court Told
State prosecutors, federal agencies and consumer advocates have told a Florida bankruptcy judge that MV Realty is using the Chapter 11 process to avoid enforcement and enshrine a set of predatory agreements designed to extract millions in junk fees from homeowners over the next 40 years.
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April 04, 2024
Boston Scientific's $3.7B Axonics Buy Under FTC Microscope
Biomedical engineering company Boston Scientific Corp. on Thursday disclosed that the Federal Trade Commission requested more information on its planned $3.7 billion acquisition of medical technology company Axonics, which will result in a delay in the deal's closing.
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April 04, 2024
'Real Housewives' Assault Case Legally Deficient, Court Told
Bravo, NBCUniversal and Warner Bros. have asked a Manhattan judge to toss a suit brought by a former "Real Housewives" cast member who claimed she was sexually assaulted while filming in Morocco, arguing her claims were filed in the wrong jurisdiction and past a one-year statute of limitations.
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April 04, 2024
MLS Resolves Copyright Suit Over Use Of San Diego Mural
Major League Soccer has reached an undisclosed settlement with a company that accused the league's newest soccer club in San Diego of using one of its outdoor murals there to promote the team.
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April 04, 2024
Full 9th Circ. Won't Review PAGA Ruling In Lowe's Suit
The full Ninth Circuit won't review a panel's decision ruling that a Lowe's worker's nonindividual claims under California's Private Attorneys General Act could stay in court while her individual claims go into arbitration, denying the company's bid to step in.
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April 04, 2024
Exec Says Disney Filmmaker Fired Her For Bias Complaints
A filmmaker for ABC and Disney repeatedly ignored a multiracial development director's complaints that she was underpaid and eventually fired her for speaking up about bias and harassment she faced on the job, she said in a suit in California state court.
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April 04, 2024
Calif. Judge Says Outdoor Detention Unsafe For Migrant Kids
A California federal judge ordered U.S. Customs and Border Protection to move immigrant children from several open-air detention sites in San Diego, finding the government in violation of a 1997 settlement mandating safety standards for minors in immigration detention.
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April 04, 2024
Withers Adds Former In-House Corp. Atty In San Francisco
Withers has hired the former in-house general counsel for a financial software company, who joins the firm to continue his practice working with entrepreneurs in the technology, e-commerce and digital publishing industries, the firm announced Wednesday.
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April 04, 2024
Sport Aircraft Maker Icon Hits Ch. 11 With $170M Debt
Light-sport aircraft manufacturer Icon Aircraft filed for Chapter 11 protection in Delaware bankruptcy court Thursday with more than $170 million in debt and plans for an asset sale and liquidation.
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April 03, 2024
Sanofi Plans To Settle 4,000 Zantac Cancer Claims
Sanofi said Wednesday that it has reached an agreement in principle to settle about 4,000 personal injury claims linking the discontinued heartburn drug Zantac to cancer.
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April 03, 2024
Accused 'Shadow Trader' Takes Stand To Slam SEC's Case
A former Medivation executive accused of "shadow trading" when he purchased stock in rival Incyte testified in his California federal civil trial Wednesday that he didn't base that decision on confidential information, and he didn't think even "for one second" that he was violating securities laws.
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April 03, 2024
Calif. Privacy Rules Expected By July, Agency's Director Says
The California Privacy Protection Agency is eyeing July for the launch of the formal process for finalizing its last batch of regulations under the state's landmark consumer privacy law, which include rules that would give consumers more control over private information that could be used by artificial intelligence, the agency's executive director said Wednesday.
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April 03, 2024
Apple Blasts Input From Microsoft, Meta, Others In Epic Case
Apple asked a California federal judge Wednesday to reject attempts by Microsoft, Meta Platforms, Spotify and other major developers to insert themselves into Epic Games' argument that the iPhone maker is not complying with an order barring it from using anti-steering rules in the App Store.
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April 03, 2024
9th Circ. Skeptical Of ADA Suit Against Buddhist Temple
The Ninth Circuit appeared hesitant Wednesday to revive a former live-in apprentice's disability bias suit against a Buddhist temple, with a panel suggesting that his maintenance duties didn't place him outside the scope of a ministerial exception to anti-discrimination law.
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April 03, 2024
Calif. Tribe Sues DOI Over Tribal Ancestry Procedure
A California Native American tribe has accused the U.S. Department of the Interior of using an unconstitutional and unregulated race-based procedure for determining tribal ancestry in a new lawsuit in D.C. federal court.
Expert Analysis
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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A Key Tool For Calif. Policyholders With Nonadmitted Insurers
As insurers increasingly flee California and residents of the Golden State are forced to insure their properties with nonadmitted insurers, it is crucial to understand the Unauthorized Insurers Process Act, a critical but underutilized tool for policyholders, say Keith Meyer and Kya Coletta at Reed Smith.
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Vagueness In Calif. Climate Law Makes Compliance Tricky
California's recently enacted Voluntary Carbon Market Disclosures Act requires companies making claims of carbon neutrality, or significant greenhouse gas emissions reductions, to disclose information supporting those claims — but vague and conflicting language in the statute poses multiple problems for businesses, say John Rousakis and Chris Bowman at O'Melveny.
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Grant Compliance Takeaways From Ga. Tech's FCA Settlement
Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Potential Defendant Strategies Amid Calif. Privacy Questions
Although the current case law surrounding the California Consumer Privacy Act is in its infancy, courts have begun addressing important issues related to the notice-and-cure provisions of the statute, and these decisions show defendant-businesses would be wise to assert their notice rights early and repeatedly, say Viola Trebicka and Dan Humphrey at Quinn Emanuel.
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Deferral Pointers For Employers After $700M Ohtani Deal
Darren Goodman and Christine Osvald-Mruz at Lowenstein Sandler examine the legal consequences of Shohei Ohtani's $700 million, 10-year contract with the Los Angeles Dodgers — a high-profile example of nonqualified deferred compensation — and offer lessons for employers of all sizes interested in similar deals.
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High Court Case Could Reshape Local Development Fees
If last month's oral arguments are any indication of how the U.S. Supreme Court will rule in Sheetz v. County of El Dorado, it's unlikely the justices will hold that the essential nexus and rough proportionality tests under the cases of Nollan, Dolan and Koontz apply to legislative exactions, but a sweeping decision would still be the natural progression in the line of cases giving property owners takings claims, says Phillip Babich at Reed Smith.
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Employer Lessons From Nixed Calif. Arbitration Agreement
A California state appeals court’s recent decision to throw out an otherwise valid arbitration agreement, where an employee claimed a confusing electronic signature system led her to agree to unfair terms, should alert employers to scrutinize any waivers or signing procedures that may appear to unconscionably favor the company, say Guillermo Tello and Monique Eginli at Clark Hill.
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How Poor Governance, Weak Contracts Harm Cannabis Cos.
Decades into cannabis decriminalization and legalization, many companies in the industry still operate on a handshake basis or fail to keep even minimally required records, which can have devastating effects and lead to costly, business-killing litigation, says Griffen Thorne at Harris Bricken.
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EEO-1 Ruling May Affect Other Gov't Agency Disclosures
By tightly construing a rarely litigated but frequently asserted term, a California federal court’s ruling that the Freedom of Information Act does not exempt reports to the U.S. Department of Labor on workplace demographics could expand the range of government contractor information susceptible to public disclosure, says John Zabriskie at Foley & Lardner.
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What Retailers Should Note In Calif. Web Tracking Suits
As retailers face a deluge of class actions alleging the use of conventional web analytic tools violate wiretapping and eavesdropping provisions of the California Invasion of Privacy Act, uncovering the path toward a narrow interpretation of the law will largely depend on how these cases proceed, say Matthew Pearson and Kareem Salem at BakerHostetler.
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Copyright Lessons Following Ruling In Artist AI Suit
The recent California district court ruling in Andersen v. Stability AI — that artists needed to specify how the training of artificial intelligence tools violated their copyrights — shows that lawyers on either side of generative AI matters must carefully navigate copyright issues including temporary copying and data sourcing, says Carlos Araya at Magnolia Abogados.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.