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California
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March 15, 2024
Man Accused Of Cyberstalking NJ Judge Seeks Release
A man representing himself after being indicted on allegations of cyberstalking a New Jersey judge urged a California federal judge on Friday to release him from custody pending trial, complaining he was initially charged with making threats against numerous officials, but the single cyberstalking count he now faces isn't cause to hold him.
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March 15, 2024
'This Is Scary, Boss': Jury Hears Secret Audio In LA RICO Trial
A then-assistant to former Los Angeles City Councilman Jose Huizar secretly recorded his boss as they discussed what to do with a $200,000 cash bribe amid an ongoing FBI probe, according to audio heard Friday by a federal jury considering racketeering and bribery charges against another former city official, Raymond Chan.
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March 15, 2024
Calif. Truckers Lose Renewed Bid To Block AB 5
A California federal judge Friday rejected a renewed bid by trucking groups to block enforcement of Assembly Bill 5, which presumes most workers are employees with few exceptions, saying any tinkering of "perceived deficiencies" is "better left to the soap box and the ballot box."
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March 15, 2024
Real Estate Authority: Realtor Settlement, Women's Soccer
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the $418 million settlement by the National Association of Realtors to end broker-fee claims and the first stadium built in the United States for a women's professional sports team.
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March 15, 2024
FTC Probing Reddit's AI Licensing Ahead Of IPO
Reddit Inc., which earlier this week announced plans for an estimated $715 million initial public offering, revealed in a U.S. Securities and Exchange Commission filing Friday that the Federal Trade Commission is looking into the company's sale of user-generated content to train artificial intelligence.
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March 15, 2024
9th Circ. Says No Arbitration For Rent-To-Own Class Claims
The Ninth Circuit on Thursday said a rent-to-own company can't get a putative class action over its furniture rental fees sent to arbitration, saying the contract provision is unenforceable under California law.
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March 15, 2024
Roblox's Casino Games Are 'Preying On Children,' Suit Says
Online game platform Roblox Corp. has been hit with another proposed class action suit in California federal court accusing it and other companies of "preying on children nationwide" through an "illegal gambling ecosystem" that specifically targets minors.
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March 15, 2024
Apple Wants 'Convoluted' IPhone App Antitrust Suit Tossed
Apple Inc. asked a California federal judge Thursday to toss a proposed antitrust class action alleging that Apple Inc. illegally controls which apps are viewed on iPhone web browsers to boost iPhone prices, arguing that the consumers don't have standing to bring their "highly convoluted and speculative" claims.
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March 15, 2024
9th Circ. Pauses Benefits Case Awaiting UBH Challenge
The Ninth Circuit has told a trial court to halt what United Behavioral Health has called an improper revival of a proposed class action alleging the insurance company illegally denied coverage for mental health and substance abuse treatment.
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March 15, 2024
Law School Says SF Ignoring Deal On 'Deplorable' Downtown
A San Francisco law school has accused the city of violating a 2020 federal court settlement that required it to address "deplorable" conditions around the school's downtown campus, saying nothing bars the city from clearing homeless encampments if the occupants refuse an offer of shelter.
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March 15, 2024
SEC, VW Reach $48.7M Deal To End 'Clean Diesel' Fraud Suit
The U.S. Securities and Exchange Commission and Volkswagen Group of America Finance told a California federal court on Friday that they have reached a $48.7 million settlement to end claims that the automaker defrauded U.S. investors in its scheme to cheat emissions standards in its vehicles.
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March 15, 2024
Senate Poised To Vote On Union Atty Berner For 4th Circ.
The U.S. Senate is scheduled to vote on Tuesday night on the confirmation of Nicole Berner, general counsel of the Service Employees International Union, for the Fourth Circuit.
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March 15, 2024
'Needless Circuit Split' In Tribal COVID Row, 9th Circ. Told
An AIG unit and other insurers are urging the Ninth Circuit to rethink its decision ordering them to litigate the Suquamish Tribe's COVID-19 business interruption claims in tribal court, arguing that a three-judge appeals panel's unanimous affirmation "creates a needless circuit split on the scope of tribal-court jurisdiction."
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March 15, 2024
Attys, Broker Fight For Advice-Of-Counsel Defense In Tax Trial
Two St. Louis attorneys and a North Carolina insurance agent staring down criminal tax charges in North Carolina federal court said the government can't prevent them from relying on advice-of-counsel defenses at their upcoming trial, arguing they've handed over all the information prosecutors need to prepare.
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March 15, 2024
Ex-Autonomy CEO To Face Jury As HP Fraud Trial Boots Up
Former Autonomy CEO Michael Lynch's 2011 sale of the tech company he founded to HP for about $11.7 billion earned him around $804 million and acclaim in tech circles, but the British executive now faces up to 20 years in prison on federal fraud charges that he inflated revenue figures in a monthslong criminal trial slated to kick off Monday in San Francisco.
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March 15, 2024
Apple, Investors Cut $490M China Sales Deal Ahead Of Trial
Apple has made a $490 million deal to resolve a shareholder class action accusing the company and its top brass of misleading investors about iPhone sales in China in a legal fight that was slated for a September jury trial, according to court documents filed Friday in California federal court.
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March 15, 2024
CBP Sued For Info On Alleged Outdoor Border Detention Sites
Two organizations that support asylum-seekers and other migrants have sued U.S. Customs and Border Patrol in California federal court, seeking information about what they say are squalid CBP-controlled open-air migrant detention sites along California's southern desert border.
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March 15, 2024
LA Billing Scandal Atty's Estate Can't Revive Fee Dispute
The estate of an Ohio attorney who was accused of participating in a highly publicized billing settlement scandal involving the Los Angeles Department of Water & Power has lost two probate court bids to recoup fees from the late attorney's former colleagues, with an appeals panel determining the court lacked jurisdiction.
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March 15, 2024
Feds Say Bankman-Fried Deserves 40 To 50 Years In Prison
Sam Bankman-Fried should spend 40 to 50 years in prison for engaging in a massive fraud that sank his FTX crypto exchange, Manhattan federal prosecutors argued Friday, pushing back against a request by defense counsel for a sentence of roughly six years.
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March 15, 2024
Justices Back Strict View Of Sentencing 'Safety Valve' Relief
The U.S. Supreme Court has declined to let a broader class of nonviolent drug offenders qualify for relief from federal mandatory minimum sentencing guidelines, siding against certain recidivists in a ruling that focused on the meaning of the word "and" in a section of the First Step Act.
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March 15, 2024
Justices Craft Test To Decide If Social Media Use Is Official
The U.S. Supreme Court adopted a new test Friday to determine if a public official's social media use constitutes state action subject to liability under the First Amendment, instructing courts to consider whether the official had authority to speak on the government's behalf and whether they purported to do so in the challenged action.
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March 14, 2024
Judge Breyer Seeks To Boost Security Outside SF Courthouse
U.S. District Judge Charles Breyer said at a Thursday hearing that he'll meet with the U.S. Marshals Service to press for increased security around the San Francisco courthouse to ensure court staff and jurors' safety, the same day the city was sued over the neighborhood's open-air drug markets.
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March 14, 2024
Phillips, Workers Seek Dueling Wins In $46.5M Wage Fight
Phillips 66 Co. and certified classes of San Francisco and Los Angeles refinery workers fought before a California federal judge Thursday, with each side seeking a win on the workers' wage claims in a $46.5 million dispute over the energy giant's meal-break and time-rounding policies.
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March 14, 2024
Gamers Seek To Block Microsoft From 'Dismantling' Activision
Gamers who are still challenging Microsoft's now-completed union with gaming titan Activision Blizzard say a California federal court must hand down an order stopping further integration of the two businesses after Microsoft laid off 1,900 people from the gaming company.
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March 14, 2024
Ex-LA Official Lied To Feds Immediately In Interview, Jury Told
An FBI agent told a California federal jury on Thursday in former Los Angeles Deputy Mayor Raymond Chan's federal bribery trial that Chan lied to him during a 2018 interview immediately after he was warned that lying to the bureau is a crime.
Expert Analysis
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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9 Tools To Manage PAGA Claims After Calif. High Court Ruling
In Estrada v. Royalty Carpet Mills, the California Supreme Court recently dealt a blow to employers by ruling that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, but defendants and courts can still use arbitration agreements, due process challenges and other methods when dealing with unmanageable claims, says Ryan Krueger at Sheppard Mullin.
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Workplace Speech Policies Limit Legal And PR Risks
As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.
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Staying Ahead Of The AI Policymaking Curve
With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Opinion
CFPB Must Clarify When Anti-Fraud Benefits Offset Harms
The Consumer Financial Protection Bureau's ill-explained orders against two banks, concerning legitimate unemployment accounts that were frozen in attempts to control COVID-era fraud, illustrate an urgent need for bureau guidance on when the systemwide benefits of a potentially unfair practice outweigh the risk of harming a minority of consumers, says Jonathan Joshua at Joshua Law Firm.
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And Now A Word From The Panel: A Strong Year For MDLs
While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Calif. High Court Ruling Outlines Limits On PAGA Actions
While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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5 Legal Considerations For Psychedelic Therapy Sector
With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.