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California
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March 13, 2024
CoreCivic Beats Asylum-Seeker's Miscarriage Liability Suit
A California federal judge handed CoreCivic Inc. a win Tuesday in a negligence lawsuit filed by an El Salvadorian asylum-seeker who alleged she miscarried while detained at the prison giant's immigration detention center near the U.S.-Mexico border, finding there to be no triable factual dispute over whether she miscarried in custody.
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March 13, 2024
Hospital Operator Defends Releases In Ch. 11 Plan
California-based hospital operator Alecto Healthcare Services LLC asked a Delaware bankruptcy judge Wednesday to approve its small business Chapter 11 reorganization, saying it is not leaving money on the table by releasing potential clawback claims.
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March 13, 2024
Ex-NFLer Faced Racism As School Superintendent, Suit Says
A former NFL player was subjected to racism as the first Black superintendent of schools in Wayland, Massachusetts, and was forced out of his job when he took steps to address it, according to a suit filed Wednesday in state court.
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March 13, 2024
Claims Court Lets $282M USPS Telematics Deal Protest Stand
A Federal Claims Court judge has refused to toss a fleet-tracking technology company's protest of a $281.8 million U.S. Postal Service deal for a vehicle telematics system, rejecting USPS' contention the company couldn't sue without first exhausting agency-level remedies.
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March 13, 2024
Juul Investor Tells Chancery: 'We Were Trying To Help'
A director of Juul Labs Inc. denied on Wednesday that he kept the company out of bankruptcy in 2022 to profit from his own investments, telling Delaware's Chancery Court that he helped Juul refinance and backstopped millions worth of settlements because he wanted the e-cigarette company to succeed.
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March 13, 2024
Jury Must Weigh Willfulness In Secrets Case, Calif. Court Says
A California state appellate court has found a jury will have to decide whether a former director at Applied Medical Distribution Corp. willfully misappropriated trade secrets from his former employer.
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March 13, 2024
FTC Bid To Block Kroger's $25B Albertsons Deal Set For Aug.
An Oregon federal court has scheduled an August hearing on the Federal Trade Commission's challenge of Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons, a deal also under attack by state enforcers in Washington and Colorado.
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March 13, 2024
Microsoft Strikes Deal To Settle Suit Over Caltech Patents
The California Institute of Technology and Microsoft notified a Texas court Tuesday that they have reached an agreement to end a case where the university alleged that the Xbox and other products infringed its data transmission patents, following similar settlements with other tech giants.
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March 13, 2024
Beckett Collectibles Says Steph Curry Suit Filed Too Late
Beckett Collectibles has asked a Texas federal court to toss a complaint by Alt Platform over the alleged alteration of a rookie Steph Curry trading card, arguing the statute of limitations has run on the lawsuit's sole claim of negligent misrepresentation.
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March 13, 2024
Santa Barbara County Wants Pot Raid Suit Tossed Again
The county of Santa Barbara is asking a California federal court to once again throw out a cannabis farmer's claim that his farm was illegally raided by the sheriff's office, saying the latest complaint still falls short of alleging facts to support the claims.
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March 13, 2024
EB-5 Suit Says Hotel Project Tricked Non-English Speakers
A real estate investment company is facing a proposed class action in California federal court alleging it took advantage of immigrant investors' limited English by fraudulently making them agree that the company and an Embassy Suites project could keep their investments indefinitely.
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March 12, 2024
Pilates Giant Xponential Hid Studio Closures, Investor Says
Executives and directors of fitness brand franchiser Xponential were hit with a shareholder derivative suit alleging the company was damaged when media reports uncovered that Xponential had concealed from investors that dozens of its fitness studios had permanently closed and most of its brands were operating at a monthly net loss.
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March 12, 2024
Wells Fargo Shortchanges Its Fake-Account Victims, Suit Says
Wells Fargo has been hit with another proposed class action alleging that the bank engaged in a "deceptive campaign" by sending letters designed to give the appearance of correcting its practice of opening fake customer accounts and enrolling them in products without their consent, but offering no substantial reparations.
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March 12, 2024
Porn Stars Seek To Drop Meta Suit Due To Lack Of Evidence
Three adult entertainment performers told a California federal court on Monday that they want to drop their lawsuit claiming that Meta conspired with OnlyFans' parent to block ads for the risqué platform's competitors, saying Meta told their counsel that there's no evidence that the women's social media accounts were blacklisted.
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March 12, 2024
Tire Cos. Seek Exit From Salmon-Harming Chemical Suit
A dozen tire companies are asking a California federal judge to toss a suit claiming a rubber additive is harming protected salmon, arguing that the litigation stretches the Endangered Species Act "beyond its breaking point" and that regulation of the substance belongs with the U.S. Environmental Protection Agency, not in courts.
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March 12, 2024
Breast Implant Co.'s $90M DIP OK'd With Creditor Protections
Bankrupt breast implant maker Sientra Inc. received final court approval in Delaware bankruptcy court for its $90 million debtor-in-possession financing after adding in lien challenge protections for unsecured creditors.
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March 12, 2024
Walgreens, Kenvue Unit Sued Over Benzene In Acne Products
Walgreens, Kenvue unit Johnson & Johnson Consumer Inc. and Genomma Lab face a trio of proposed consumer fraud class actions in California federal court by customers who alleged their acne treatment products contain unsafe levels of benzene, but that each of the companies failed to disclose its presence in their labeling.
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March 12, 2024
Sorrento Ch. 11 Will Stay In Texas
A Texas bankruptcy judge Tuesday denied requests to transfer the Chapter 11 case of drug developer Sorrento Therapeutics Inc. out of the Lone Star State for having insufficient ties to the venue.
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March 12, 2024
Steven Tyler's Memoirs Nixed From Emotional Distress Claim
A California judge on Tuesday tossed part of a lawsuit brought by a woman who alleges she was sexually abused as a minor in the 1970s by Steven Tyler, saying that the Aerosmith front man's memoirs can't be used in an emotional distress claim because they are protected by the First Amendment.
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March 12, 2024
Meta Alleges 'Brazenly Disloyal' Ex-Exec Stole AI Secrets
Meta Platforms Inc. has sued a former Meta vice president in California state court, accusing the executive of "brazenly disloyal and dishonest conduct" for allegedly defecting to an artificial intelligence startup with the social media company's proprietary vendor contracts, AI "roadmaps" and employment data to recruit Meta's top talent.
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March 12, 2024
Sluggish Policy Could Chill Geothermal Boom, Advocates Say
Geothermal energy development is having a moment as advances in drilling technologies are attracting more government and private investment, but industry experts say the policy and regulatory landscape isn't keeping pace and needs to catch up to the market.
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March 12, 2024
Auto Software Biz Valued At $6B After $250M Series E Round
Vehicle software supplier Applied Intuition Inc., advised by Goodwin Procter LLP, on Tuesday celebrated hitting a $6 billion valuation following the close of its $250 million Series E funding round.
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March 12, 2024
Davis Wright Adds 3rd MoFo Litigator This Month In Calif.
Davis Wright Tremaine LLP has added its third litigator this month from Morrison Foerster LLP with the addition of an employment and labor partner in Los Angeles, the firm announced Tuesday.
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March 12, 2024
Womble Bond Adds Calif. Litigators From Severson & Werson
Womble Bond Dickinson has bolstered its business litigation group with a pair of cyber-savvy attorneys focused on the financial sector who joined in Irvine, California, from Severson & Werson.
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March 12, 2024
Judge OKs Deal Ending DACA Holders' Lending Bias Suit
A California federal court gave the all-clear for a $120,000 settlement to resolve claims that a credit union unlawfully denied loans to unauthorized immigrants with Deferred Action for Childhood Arrivals status, including one of its former employees.
Expert Analysis
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A Look Ahead For The Electric Vehicle Charging Industry
This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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Preparing For DOJ's Data Analytics Push In FCPA Cases
After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.
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How 3 New Laws Change Calif. Nonprofits' Legal Landscape
Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.
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Opinion
9th Circ. Should Overturn The Miles Davis Tattoo Ruling
A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.
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Calif. Disclosure Update Adds To Employer Trial Prep Burden
Though California’s recently updated litigation disclosure procedures may streamline some aspects of employment suits filed in the state, plaintiffs' new ability to demand a wider range of information on a tighter timeline will burden companies with the need to invest more resources into investigating cases much earlier in the process, says Jeffrey Horton Thomas at Fox Rothschild.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Takeaways From 9th Circ. Nix Of Ex-GOP Rep.'s Conviction
The Ninth Circuit recently reversed the conviction of former Rep. Jeff Fortenberry, R-Neb., for lying to the FBI, showing that the court will rein in aggressive attempts by the government to expand the reach of criminal prosecutions — and deepening a circuit split on an important venue issue, say attorneys at Skadden.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Despite Risks, AI Is A Worthy Tool For Healthcare Industry
Artificial intelligence appears to provide a productive path forward for the healthcare industry, improving economic and human health outcomes, though companies must continue to address certain technology and compliance pain points, says Sarah Abrams at Bowhead Specialty Underwriters.
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NCAA's Antitrust Litigation History Offers Clues For NIL Case
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.