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November 05, 2025
1st Circ. Questions Trump Admin On NIH Indirect Cost Cuts
A First Circuit panel seemed poised on Wednesday to uphold a district court decision finding that the Trump administration lacks the authority to cap indirect costs for research grants at the National Institutes of Health.
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November 05, 2025
Masimo Tells Jury It's Owed $749M In Apple Watch IP Fight
An attorney for Masimo Corp. told a California federal jury during opening statements Wednesday that Apple Inc.'s smartwatch uses his client's groundbreaking patent in the device's feature that warns about an abnormal heart rate, and that Apple should pay up to $749 million for the infringement.
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November 05, 2025
9th Circ. Backs LA In Shop Destroyed In Police Raid
Los Angeles won't foot the bill for a retail store damaged by police who fired tear gas into the shop during a standoff with an armed fugitive, the Ninth Circuit ruled in a published opinion, saying "just compensation" isn't necessary because the assault was done to protect the public.
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November 05, 2025
Paramount Hit With Privacy Class Action Over Children's Data
Paramount Skydance Corp. illegally disclosed to Google and Microsoft the personally identifiable information of children who viewed streaming content on their families' personal electronic devices, the kids' parents have claimed in a proposed class action in California federal court.
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November 05, 2025
Ex-SEC Attys Urge Full 9th Circ. Review of Zillow Decision
Law professors and two former general counsel of the U.S. Securities and Exchange Commission have voiced support for Zillow Group Inc.'s bid for the Ninth Circuit to take a second look at its high-profile securities case, arguing that the full court should review a September ruling that upheld class certification in an investor suit over the real estate site's now-shuttered home-buying program.
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November 05, 2025
Squires Spurns Tesla PTAB Challenge Referred By Stewart
U.S. Patent and Trademark Office Director John Squires rejected a Tesla Inc. patent challenge that his deputy director had referred to the Patent Trial and Appeal Board for consideration, taking issue Wednesday with the company's "inconsistent claim construction" between the PTAB and federal court.
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November 05, 2025
Disney Can Try Another SLAPP At Village People's $20M Suit
A California appellate court has revived The Walt Disney Company's anti-SLAPP motion against a lawsuit claiming the entertainment giant fraudulently banned the Village People from performing at Disney Venues, saying Disney's musical act selection is conduct protected by the First Amendment.
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November 05, 2025
Kalshi, Robinhood Say Tribes' Gaming Law Case Lacks Merit
Kalshi and Robinhood have told a California federal judge that Native American tribes in the state can't bring claims that the trading platforms ran a criminal racket and flouted laws protecting tribal gaming by offering their sports event contracts, since the wagers are ultimately overseen by federal commodity laws.
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November 05, 2025
AGs Defend Bid To Intervene In DOJ's HPE Merger Deal
More than a dozen Democratic attorneys general have assailed the Justice Department and Hewlett Packard Enterprise for fighting their bid to peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, telling a California federal judge that Congress created court oversight for deals just like this.
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November 05, 2025
Ex-Bassist Makes Key Changes In Suit Against Metal Band
The founding bassist of the Grammy-nominated metal band Hatebreed has asked a Connecticut judge not to trim claims from a lawsuit over his sudden termination, saying a new version of the complaint will cure any legal defects identified by the group's vocalist and its business arm.
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November 05, 2025
Apple, Google CEOs Can't Yet Be Deposed In Antitrust Suit
Consumers accusing Google of hatching a deal with Apple to make it the default search engine on the iPhone will not be allowed to depose Apple CEO Tim Cook and Google CEO Sundar Pichai as part of their antitrust case accusing Google of suppressing rival search engines.
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November 05, 2025
Calif. GOP Sues To Block Voter-Approved Prop. 50 Districts
A group of Golden State Republicans sued Gov. Gavin Newsom and the state secretary in California federal court Wednesday, challenging the new redistricting maps that California voters approved Tuesday in passing Proposition 50, which could potentially flip five House seats for Democrats in next year's midterm election.
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November 05, 2025
Jones Day Hires Ex-Coinbase Associate GC In San Diego
Jones Day has added to its San Diego cybersecurity practice a former member of Coinbase's commercial litigation team, the firm announced.
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November 05, 2025
9th Circ. Won't Rehear Biotronik Whistleblower Revival
The Ninth Circuit has rejected a petition to send its September ruling reviving a whistleblower suit against Biotronik Inc. before the full court, rejecting Biotronik's petition for a rehearing en banc.
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November 05, 2025
Black Rifle's 'America's Coffee' Isn't Made In The US, Suit Says
Military-themed coffee retailer Black Rifle Coffee deceptively labels its products as "America's Coffee" with an American flag that implies they're made in the United States, despite that the sourcing, processing and production of the coffee takes place elsewhere, alleges a proposed class action filed in California federal court.
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November 05, 2025
Hollywood Studios Merge Copyright Suits Against AI Startup
Two suits brought by a group of major Hollywood studios alleging artificial intelligence startup Midjourney used copyrighted material to train its video-generation model have been merged into a single case in California federal court.
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November 05, 2025
Convicted Man Seeks New Trial In $200M Smuggling Case
A man who was convicted of assisting in a scheme to smuggle as much as $200 million worth of counterfeit luxury goods into the U.S. has asked a California federal judge for a new trial, challenging the government's evidence that he knew what he was doing was illegal.
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November 05, 2025
Appeals Court Won't Kick SpaceX Sex Bias Suit To Arbitration
A California appeals court backed a trial court's refusal to force arbitration of a former SpaceX employee's suit claiming her boss forced her into a sexual relationship in exchange for career advancement, finding her claims were protected by a law barring mandatory out-of-court resolution for sex misconduct cases.
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November 05, 2025
Commerce Dept. Atty Joins Holland & Knight's Trade Team
A senior counsel at the U.S. Department of Commerce has joined Holland & Knight LLP's international trade group as a partner, the latest in a string of former government officials to join the firm's ranks in the past several months.
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November 05, 2025
Amazon Sues Perplexity Over Shopper-Impersonating AI Tool
Global retailer Amazon.com slapped Perplexity AI with a federal lawsuit that claims the San Francisco startup's use of an AI-powered "personal assistant" Comet to make purchases on the Amazon platform goes against its terms of service and is creating a security risk.
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November 05, 2025
Fired E-Biz Execs Sue Jackson Walker Over Judge's Romance
A pair of former executives at e-commerce company Volusion LLC have hit Jackson Walker LLP with the latest in a series of suits accusing the firm of legal malpractice stemming from the undisclosed romance between a former partner and a Texas bankruptcy judge.
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November 05, 2025
X Ends Sex Bias Suit Over Twitter Acquisition Layoffs
X Corp. has ended a sex bias suit from a former employee who accused the company of enacting harsh working conditions after Elon Musk's takeover of social media company Twitter in order to strategically push out women workers.
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November 05, 2025
Senate Confirms Jones Day Partner To 9th Circ. Bench
The Senate voted 52-45 on Wednesday to confirm Eric Tung, a partner at Jones Day, as a judge on the Ninth Circuit.
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November 05, 2025
Robbins Geller's 'Eye-Watering' $28M Fee Bid Cut To $10.4M
A California federal judge has rejected a $28 million attorney fee request from Robbins Geller Rudman & Dowd as part of a $150 million investor settlement with Zoom, calling it an "eye-watering figure," and saying the firm can collect about $10.4 million instead.
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November 05, 2025
Corporate Atty Returns To Baker Botts From VC Fund In Calif.
Baker Botts LLP is growing its corporate team, announcing Wednesday it is bringing back a venture capital expert most recently with BRV Capital Management as a partner in its Silicon Valley office in Palo Alto, California.
Expert Analysis
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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9th Circ. Finding That NFTs Are Goods Will Change TM Law
The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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Calif. Board's Financial-Grade Climate Standards Raise Stakes
After the California Air Resources Board's recent workshop, it is clear that the state's climate disclosure laws will be enforced with standards comparable to financial reporting — so companies should act now to implement assurance-grade systems, formalize governance responsibilities and coordinate reporting across their organizations, says Thierry Montoya at Frost Brown.
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9th Circ. Qualified Immunity Ruling May Limit Phone Searches
Though the Ninth Circuit affirmed police officers’ qualified immunity claims in Olson v. County of Grant earlier this year, it also established important Fourth Amendment precedent on the use of cellphone extractions that will apply more broadly in criminal investigations and prosecutions, say attorneys at The Norton Law Firm.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool
The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.