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California
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March 07, 2024
Axos Bank Sued Over Money Market Account Reclassification
Axos Bank has been hit with a proposed class action in California federal court, alleging that it reclassified customers' high-yield money market accounts into lower-yield investment accounts without informing them.
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March 07, 2024
Kroger, Albertsons Want Shoppers' Suit To Await FTC Case
Kroger and Albertsons told a California federal judge Thursday that the Federal Trade Commission's challenge to their $24.6 billion merger should take precedence over a private lawsuit they want paused while the FTC case plays out in Oregon federal court.
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March 07, 2024
9th Circ. Says Board Ignored Salvadoran's Testimony
The Ninth Circuit has ordered the Board of Immigration Appeals to reconsider whether deporting a Salvadoran mother and daughter would expose them to state-condoned gang violence, faulting the board for "entirely" failing to address evidence that local police cooperated with gang members.
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March 07, 2024
Calif. Bar Pursues Atty Discipline Over LADWP Billing Scandal
The California State Bar announced Thursday it has filed seven disciplinary charges against a San Fernando Valley attorney accused of scheming with lawyers representing the city of Los Angeles to settle a customer billing class action favorably for the Los Angeles Department of Water and Power, a public utility.
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March 07, 2024
NC Decision Supports Nix Of Sodexo Arbitration, 9th Circ. Told
A Sodexo employee alleging that the company overcharged smokers for health insurance told the Ninth Circuit that a North Carolina federal court decision supports his efforts to keep his suit in court, saying it backs up his assertion that arbitration agreements can't be added to plans without participants' consent.
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March 07, 2024
Judge Delays Final OK For Almond Grower's Ch. 11 Loan
A California bankruptcy judge Thursday pushed back final approval of $30 million in Chapter 11 financing for almond grower Trinitas Farming by at least another week, saying more time is needed to address his concerns with the loan agreement.
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March 07, 2024
American Airlines Says Frequent Flier Suit Belongs In Texas
American Airlines said Texas is the proper forum for a proposed class action in California alleging it improperly terminated customers' frequent flyer accounts and wiped out the value of the miles they accrued, saying AAdvantage program membership decisions are made in its Fort Worth headquarters.
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March 07, 2024
Judge Doubts 'Dead-End' Google BIPA Fight Over IBM Dataset
A California federal judge said Thursday she'll likely allow limited discovery in a proposed class action alleging Google violated Illinois residents' biometric privacy rights with facial data collected by IBM Corp., but she doubted the case "has legs" given that another federal judge has thrown out similar "dead-end" litigation.
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March 07, 2024
Ex-SVB Counsel Farella Braun Seeks $49K In Unpaid Fees
Farella Braun & Martel LLP, which previously represented Silicon Valley Bank's parent in a dispute over fraud coverage, has sued the Federal Deposit Insurance Corp. in a California federal court to extract nearly $49,000 in unpaid legal fees it says the agency must pay on behalf of the defunct lender.
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March 07, 2024
Disneyland Makes Some Staff Pay For Tools, Worker Says
Walt Disney Parks and Resorts forced maintenance workers at its Southern California hotels, including Disneyland, to pay for their own tools and did not pay them the state's required double minimum wage for requiring them to do so, a worker alleged in a proposed class action in state court Thursday.
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March 07, 2024
DOI, Tribe Want More Time To Solve Truckee River Water Row
A Nevada federal judge has agreed to keep a Pyramid Lake Paiute Tribe suit over Truckee River water diversions on hold for six more months as the tribe and the U.S. Department of the Interior work to resolve their dispute.
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March 07, 2024
Deals Rumor Mill: Reddit, Cisco, LeBron James-PGA Tour
Reddit's IPO could fetch a $6.5 billion valuation, European antitrust regulators are likely to approve Cisco's $28 billion acquisition of cybersecurity firm Plunk, and LeBron James is among parties interested in investing up to $3 billion combined to support the PGA Tour. Here, Law360 breaks down these and other notable deal rumors from the past week.
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March 07, 2024
LA Firms Allegedly Fool Client Into Investing $2M In Bad Deals
A California businessman has sued two Los Angeles law firms for allegedly tricking him into sinking $2 million worth of ultimately bad investments into businesses that his attorneys failed to disclose they were partial owners of.
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March 07, 2024
Feds Look To Bar Advice-Of-Counsel Defense From Tax Trial
Federal prosecutors have sought to prevent two attorneys and an insurance agent from relying on advice-of-counsel defenses in their upcoming tax fraud trial, telling a North Carolina federal judge the trio failed to give the court an adequate heads-up about their intended defense.
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March 07, 2024
Bike Parts Co. Faces Sanctions Threat Over Court Shopping Bid
A Georgia federal judge on Wednesday threatened to sanction a bike parts manufacturer after it attempted to relocate a patent infringement lawsuit to California, an effort the court said was based on "silence and selective speech" about its corporate ties to the Peach State.
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March 07, 2024
Estate, Collector Settle Spat Over 'Blade Runner' Poster Art
The family of a former movie poster artist and a Pennsylvania attorney-turned-art collector have settled a dispute over the original art for a "Blade Runner" poster, with the parties agreeing to sell the art and split the proceeds.
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March 07, 2024
Brothers Add $3B In Punitive Damages To $7B Real Estate Win
A Los Angeles jury on Thursday hit a real estate tycoon with $3 billion in punitive damages after finding that he froze his brothers out of their lucrative partnership, bringing the estimated value of the total verdict to roughly $10 billion, according to attorneys.
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March 07, 2024
Pot Co. Worker Claims Retaliation For Spotting Bad Policies
A Hollywood Boulevard-located cannabis dispensary, Pineapple Express, terminated one of its top-selling employees after he complained about the ways it was failing to follow California marijuana laws, according to a lawsuit filed in Los Angeles County Court.
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March 07, 2024
Littler Employment Ace Jumps To Pillsbury In San Francisco
Pillsbury Winthrop Shaw Pittman LLP is boosting its Bay Area team, announcing Wednesday it is bringing in a Littler Mendelson PC employment litigator as a partner in its San Francisco office.
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March 06, 2024
SpaceX Hit With Employee's Sex Bias, Retaliation Claims
A SpaceX employee claims the astronautics company paid her less than male colleagues, slow-walked a promised promotion and retaliated against her when she reported her manager's sexual abuse, according to a lawsuit filed in California state court.
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March 06, 2024
Top Calif. Antitrust Atty Says Criminal Cases On The Horizon
California is poised to start prosecuting criminal antitrust cases under a Golden State law that is "broader" than federal law, a senior assistant attorney general for the California Department of Justice said Wednesday at a San Francisco conference.
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March 06, 2024
Garland On AI Crime, And A Taylor Swift Tune For DOJ
U.S. Attorney General Merrick Garland on Wednesday told a group of lawyers gathered in San Francisco that the U.S. Department of Justice is ramping up its hiring of computer scientists to fight artificial intelligence-driven crime and also revealed which Taylor Swift song he thought should be the department's anthem.
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March 06, 2024
Mistrial Bid Fails After $7B Sibling Rivalry Real Estate Verdict
A California judge denied a motion for a mistrial Wednesday from a man who a jury found wrongly froze his brothers out of their multibillion-dollar real estate empire, finding the court did not err in limiting the defense's closing arguments for violating a discovery order.
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March 06, 2024
Meta Must Tackle Increased Account Hijackings, 41 AGs Say
A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.
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March 06, 2024
Federal Lawmakers Want To Protect 172 Acres For Calif. Tribe
Legislation introduced by two U.S. senators would place 172 acres into trust for a California tribe in an effort to bring its members back to its reservation where they can develop a permanent home.
Expert Analysis
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New Strain Of Web Tracking Suits Pose Risks For Retailers
Amid an ongoing surge of California state and federal lawsuits that are using novel theories to allege companies used certain recording technologies to illegally track website users, retailers should take steps to develop a potential argument that customers consented to any alleged uses of these devices, say attorneys at Benesch.
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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.