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March 27, 2024
Kirkland-Led Percheron Closes Sophomore Fund At $1.55B
Kirkland & Ellis LLP-advised Percheron Capital on Wednesday announced that it clinched its sophomore fund after securing $1.55 billion in capital commitments, which will be used to invest in essential services businesses across North America.
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March 26, 2024
Meta Can't Escape Suit Over Collection Of Taxpayers' Data
A California federal judge refused to release Meta from a consolidated class action accusing it of unlawfully collecting sensitive information from tax filing websites H&R Block, TaxAct and Tax Slayer, allowing state and federal wiretapping claims to move forward and permitting the plaintiffs to amend several deficient privacy allegations.
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March 26, 2024
Apple Escapes Antitrust Suit Over Crypto On Payment Apps
A California federal judge on Tuesday tossed with leave to amend a proposed antitrust class action claiming Apple's agreements with Apple Cash competitors illegally limit competition by blocking decentralized cryptocurrency technology, saying the consumers failed to adequately allege standing, among other "problematic" reasons.
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March 26, 2024
Ex-LA Deputy Mayor's Fate In Bribery Trial Goes To Calif. Jury
Former Los Angeles Deputy Mayor Raymond Chan connected corrupt public officials to wealthy developers for years as part of the "CD-14 Enterprise" racketeering conspiracy, a federal prosecutor told California federal jurors in closing arguments Tuesday, saying their shared goal was ensuring they "get money, keep power and avoid the Feds."
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March 26, 2024
Banker Describes Confidential Work In 'Shadow Trading' Trial
An Evercore investment banker who worked on Medivation's 2016 sale to Pfizer testified Tuesday in the U.S. Securities and Exchange Commission's novel "shadow trading" trial, saying the defendant was involved in a confidential process that identified biopharma company Incyte as comparable to Medivation — information the defendant is accused of trading on.
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March 26, 2024
Consumers Push For New 9th Circ. Panel In Qualcomm Case
Cellphone buyers are coming out strong against Qualcomm's request to have the same Ninth Circuit panel that vacated their class certification hear an appeal to revive the long-running antitrust litigation over the company's licensing practices, saying there is no reason for "meddling with the usual practice for assigning cases."
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March 26, 2024
9th Circ. Frees College From Off-Campus Rape Suit
The Ninth Circuit says a Washington university does not need to face claims by a woman who was raped at an off-campus party during her freshman year, as it was expected to do following a state supreme court ruling in the school's favor.
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March 26, 2024
Sedgwick Judge Rips Attys 'Playing Games' In Clawback Trial
A California federal judge presiding over the Sedgwick LLP trustee's bid to claw back $1.1 million from two ex-partners overruled defense objections to Sedgwick's financial statements, asking, "How am I supposed to do this without numbers?" and telling counsel, "You're playing games with me on this, because I need to see numbers."
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March 26, 2024
9th Circ. Says Tanker Can't Be Used To Enforce $10M Debt
The Ninth Circuit affirmed on Monday that a nearly 800-foot crude oil tanker could not be seized to enforce some $10 million in arbitral awards against a defunct gas shipping company, ruling that the plaintiffs couldn't prove the tanker's owner had helped to hide the shipping company's assets.
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March 26, 2024
Calif. Pot Co. Glass House Seeks Toss Of Competition Suit
Cannabis company Glass House Brands Inc. urged a Los Angeles County court to toss a competitor's lawsuit accusing it of intentionally peddling most of its goods to retailers who sell on the illicit market, arguing that the court shouldn't step on the toes of the state's cannabis authority.
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March 26, 2024
Indicted Exec Wants Suit Tossed For Prosecutors' Misconduct
A former healthcare CEO indicted on novel insider trading charges is trying once again to have the case tossed from California federal court, this time accusing prosecutors of improperly contacting a represented party in a separate but related civil case, weeks after a previous attempt to duck the charges failed.
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March 26, 2024
Subaru Can't Duck Suit Over Starlink Infotainment Defect
A New Jersey federal judge on Tuesday declined to throw out a proposed class action alleging the Starlink infotainment system in certain Subaru vehicles is defective, throwing out one plaintiff's state consumer protection claim, while allowing the remaining claims to go forward.
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March 26, 2024
Pilot HOA Tells Justices Rail Easement Clouds Airstrip Access
An Alaska homeowners association made up largely of pilots has asked the U.S. Supreme Court to review a Ninth Circuit ruling granting a railroad full control of an easement jutting into an airstrip used by residents of a surrounding subdivision.
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March 26, 2024
9th Circ. Unsure Uber Can Dodge Suit Over Slain Driver
A pair of Ninth Circuit judges seemed to question Tuesday if Uber Technologies Inc. could avoid liability after a driver was murdered in a carjacking, with one judge asking if the law needed to catch up with new technology in a case where the company controlled information about the identity of riders.
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March 26, 2024
Turf Co. Secures Dismissal Of Funds' Contributions Row
Benefits funds affiliated with the International Union of Painters and Allied Trades can't move ahead with their claims that a turf installer didn't pay contributions, a California federal judge ruled, saying the funds didn't include the calculation for payment in their allegations.
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March 26, 2024
SPAC Investors Misled In $1.35B Stem Deal, Del. Suit Says
A former stockholder of a blank-check company that merged with intelligent energy storage business Stem Inc. filed a proposed class action in Delaware's Court of Chancery Tuesday, alleging breaches of fiduciary duty and unjust enrichment in connection with the April 2021 merger.
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March 26, 2024
X Wants Former Twitter Security Head's Claims In Arbitration
X Corp. said a former Twitter security chief's claims that he was fired for protesting massive budget cuts belong in arbitration, arguing it did not waive its right to arbitrate by refusing to pay more than half of the arbitration fees.
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March 26, 2024
Meta, Porn Stars Fight Over Fate Of OnlyFans Suit
Meta traded barbs with adult entertainment performers about how to end a suit claiming the social media giant conspired with OnlyFans to boost the risqué platform over competitors, with the performers fighting to drop their California federal court allegations in a way that they could still be refiled.
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March 26, 2024
Fishers Say Tire Cos. Can't Escape Salmon ESA Suit
Fishing groups are fighting tire companies' attempt to dismiss an Endangered Species Act suit over the use of a rubber additive known as 6PPD, which harms salmon, telling a California federal judge the companies are trying to delay accountability.
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March 26, 2024
Greens Sue NRC Over Delayed Diablo Canyon Inspections
The U.S. Nuclear Regulatory Commission violated federal law when it rejected community and environmental groups' request for a public hearing over allegedly outdated inspections at Diablo Canyon, California's last remaining nuclear power plant, the groups told the Ninth Circuit on Monday.
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March 26, 2024
Girardi Fraud Trial Moved To Aug. 6
A California federal judge has agreed to postpone disgraced California plaintiffs attorney Tom Girardi's trial to Aug. 6, setting the proceedings to begin 16 months later than originally required at the outset of the case.
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March 26, 2024
Calif. Atty Tapped To Be RFK Jr.'s Running Mate
Independent presidential candidate Robert F. Kennedy Jr. announced Tuesday that a Silicon Valley lawyer will be his running mate as the pair make a longshot bid for the White House this year.
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March 26, 2024
K&L Gates Consumer Products Chair Joins Venable In LA
Venable LLP said Monday that the co-chair of K&L Gates LLP's commercial litigation practice and chair of its consumer products and beauty and wellness practice groups has joined the firm's Los Angeles office as a partner.
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March 26, 2024
Ex-CLO Must Arbitrate Firing Suit Against Gambling Co. GAN
Online gaming and sports betting company GAN Ltd. has won its bid in California federal court to force its former chief legal officer into arbitration over claims in his wrongful firing complaint alleging his termination was motivated in part by his whistleblowing and objections to a hostile work environment.
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March 26, 2024
Arista Networks Founder To Pay SEC $1M Insider Trading Fine
The billionaire founder of technology company Arista Networks Inc. will pay a nearly $1 million fine to settle the U.S. Securities and Exchange Commission's allegations that he engaged in insider trading regarding an impending acquisition, the agency announced Tuesday.
Expert Analysis
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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Preempting Bottled Water Microplastics Fraud Claims
Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.
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Wildfire Challenges For Utility Investors: Regs And Financing
For investors in public utilities, wildfire liability considerations include not only regulatory complexities, but also bankruptcy claims resolution, financing judgments and settlements, and how to leverage organizational structures to maximize investment protections, say David Botter and Lisa Schweitzer at Cleary.
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Fintech Compliance Does Not Always Equal Bank Compliance
Recent enforcement actions are a reminder for banks working with financial technology providers — whether as partners to extend their reach or as internal resources to support existing operations — that few areas of risk need more frequent attention than Bank Secrecy Act and anti-money laundering compliance, says Christopher Couch at Phelps Dunbar.
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Opinion
9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases
The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.
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Enforcement Risk Amid Increased Consumer Data Use
While no state has introduced a private right of action for noncompliance with a comprehensive consumer privacy law — except for the California Consumer Privacy Act's data breach provision — organizations and retailers face risk from enforcement actions by state attorneys general and privacy regulators, say attorneys at Dentons.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Opinion
The Problems In Calif. Draft Behavioral Ad Privacy Regs
The California Privacy Protection Agency has an opportunity with its automated decision-making technology and profiling rulemaking to harmonize California's regulation of data-driven advertising, but this will be a failure unless several things are changed in its proposed treatment of behavioral advertising, say Alan Friel and Kyle Fath at Squire Patton.
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Wildfire Challenges For Utility Investors: Liability Theories
The greater frequency and scale of wildfires in the last several years have created operational and fiscal challenges for electric utility companies, including new theories of liability and unique operational and risk management considerations — all of which must be carefully considered by utility investors, say David Botter and Lisa Schweitzer at Cleary.
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The Challenges Of Measuring Harm In Slack-Fill Cases
A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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Tips For Counsel Seeking Balance In The ESG Political Divide
Corporate counsel tasked with navigating environmental, social and governance factors in the current polarized political environment should not lose sight of best practices, including sticking to what the law requires and always telling the truth, say Jennifer Rubin at Mintz and Mike Rider at ResMed.
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.