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April 29, 2024
Robinhood's Top Lawyer Saw Pay Slashed By 29% In 2023
Dan Gallagher, the chief legal officer for online securities trading company Robinhood, earned $10.7 million in 2023, a nearly 30% decrease from the $15.1 million he came away with in 2022, according to a filing with the U.S. Securities and Exchange Commission.
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April 29, 2024
Google Hit With Copyright Claims Over AI Image Generator
A group of visual artists has filed a proposed class action claiming Google's text-to-image artificial intelligence tool Imagen is trained by copying "enormous amounts" of artists' copyrighted works without authorization, the latest suit challenging the use of vast datasets for AI training.
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April 29, 2024
Amazon Files $200M Countersuit Over Solar Projects' Fallout
Amazon claims a California-based private equity firm reneged on a pair of 15-year deals to sell it power from two new solar developments, launching a suit in Washington state court following competing allegations in California that the retail giant tried to sabotage the projects after signing the deals.
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April 29, 2024
9th Circ. Upholds NRC's Exemption For Diablo Canyon Plant
A Ninth Circuit panel ruled Monday that the U.S. Nuclear Regulatory Commission did not act arbitrarily or capriciously when it allowed Pacific Gas & Electric Co. to belatedly renew its license to continue operating California's last remaining nuclear power plant.
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April 29, 2024
Pharma Co. Hit With Investor Suit Over Liver Drug Trials
Biopharmaceutical company Akero Therapeutics and three of its executives were hit with a proposed class action in California federal court alleging they made misleading statements about the patient population in a clinical trial for its liver disease treatment.
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April 29, 2024
Ohio, Ky. Reps. Again Try To Abolish PTAB
U.S. Reps. Marcy Kaptur, D-Ohio, and Thomas Massie, R-Ky., have introduced a pair of bills aiming to overrule much of current patent law, including abolishing the Patent Trial and Appeal Board and making injunctions more common.
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April 29, 2024
9th Circ. Scraps Trans Law Opinion After High Court Ruling
The Ninth Circuit on Monday scrapped its 2023 opinion blocking an Idaho law that would have banned transgender women from competing in sports following the U.S. Supreme Court's recent decision allowing enforcement of another Idaho law permitting a ban on gender-affirming care for minors, explaining that a revised opinion is needed.
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April 29, 2024
1st Circ. Slashes Atty's Convictions In Email Fraud Case
An Illinois lawyer convicted of receiving proceeds from a business email compromise scheme had three of six counts vacated Monday by the First Circuit, which ruled that Massachusetts wasn't the right venue for those charges.
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April 29, 2024
NY Atty Gets 10 Years In Prison For Trying To Have Ex Killed
A New York attorney convicted of arranging to pay a hitman to murder the mother of his two young children has been sentenced in California federal court to 10 years behind bars, the U.S. Department of Justice announced Friday.
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April 29, 2024
Apple Says Nothing's Changed To Revive COVID App Suit
Apple urged a California federal judge not to reopen a tossed antitrust lawsuit over the company's refusal to distribute a COVID-19-tracking app on the App Store, arguing that neither new European Union law nor Epic Games' jury win over Google change the dynamics of a case that has favored the iPhone maker at every turn.
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April 29, 2024
UnitedHealth's Cyberattack Response Is 'Inadequate,' AGs Say
Nearly two dozen state attorneys general urged UnitedHealth Group and its subsidiary Change Healthcare "to do more" to address the fallout from a February cyberattack by Russian ransomware group Blackcat that breached their systems and services, noting their response efforts to the outage "have been inadequate."
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April 29, 2024
Fed. Circ. Gives HP Unit 2nd Chance To Challenge Camera IP
The Federal Circuit on Monday revived a debate about whether FullView Inc.'s panoramic camera system patent should be invalidated as obvious, while affirming a California federal judge's decision that HP unit Polycom Inc. infringed that patent.
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April 29, 2024
Singapore Tech Co. To Pay FTC $1.17M In Mask False Ad Suit
The Federal Trade Commission has inked a $1.17 million deal with Singaporean American company Razer Inc. and its affiliates to resolve claims that it falsely advertised its "Zephyr" air purifier masks as being equivalent to N95 face masks.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
9th Circ. Urged To Revive Nazi-Looted Art Claim
A California man who has been trying for nearly two decades to get a Spanish museum to return a painting that the Nazis stole from his great-grandmother is urging the Ninth Circuit to rethink a unanimous panel decision concluding that the museum is under no obligation to do so.
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April 29, 2024
Calif. Judge OKs $1M Deal In Strawberry Pickers' Wage Suit
A California federal court gave the first sign-off to a $1 million deal that would end hundreds of strawberry pickers' claims that they were forced to work at unsafe speeds for allegedly little pay.
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April 29, 2024
Colo. Judge Moves Toward Eastman DQ Over Calif. Discipline
A Colorado federal judge has ordered former Donald Trump lawyer John C. Eastman to explain why he shouldn't be disqualified from representing plaintiffs in a civil suit after a California disciplinary judge suspended his law license and recommended disbarment in March.
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April 29, 2024
PTAB Rejects Masimo's Concurrent Bid To Review Apple Patent
A board of administrative patent judges has declined one of the petitions challenging claims in an Apple patent involved in some of its disputes with medical technology startups Masimo and AliveCor, citing the board's skeptical view of "multiple, staggered petitions."
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April 29, 2024
StarKist Looks To Block Guilty Plea From Price-Fixing Trial
StarKist and its South Korea-based owner are urging a California federal judge to reject a bid by packaged tuna buyers to bring evidence of the tuna company's guilty plea into the civil litigation, arguing that the plea agreement with the U.S. Department of Justice is irrelevant to a trial over claims that major tuna brands conspired to keep prices high.
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April 29, 2024
Smollett Atty Wants Sanctions Over Missing Therapy Records
An attorney for Jussie Smollett has asked an Illinois federal judge for another round of sanctions after two brothers who allegedly helped stage a hate crime against the actor failed to turn over discovery, saying they've refused to turn over records or answer questions in the defamation suit pertaining to their mental health treatment.
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April 29, 2024
Calif. Cannabis Labor Law Violates US Constitution, Co. Says
A California cannabis law's provisions mandating labor peace agreements between dispensaries and unions violate the U.S. Constitution, a cannabis retailer has alleged, saying the statute unlawfully gives the labor organization more leverage when negotiating what requirements are in the accords.
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April 29, 2024
Viking Upsizes IPO To $1.2B As More Companies Enter Fray
Cruise operator Viking Holdings Ltd. on Monday upsized its expected initial public offering to about $1.2 billion, by increasing the number of shares that existing stockholders plan to sell, as more companies join an expanding IPO pipeline.
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April 29, 2024
Security Startup Founder Joins Greenberg Traurig From MoFo
Greenberg Traurig LLP has added a former Morrison & Foerster LLP technology litigator and data security software startup founder to its San Francisco office, the firm announced Monday.
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April 29, 2024
NCAA, Bush Tussle Over Strength Of Defamation Claims
Former USC running back Reggie Bush's defamation brawl with the NCAA continued on Monday as the 2005 Heisman Trophy winner urged an Indiana state court to keep his lawsuit alive, arguing it is too early to throw the case out as the NCAA wishes.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
Expert Analysis
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Top 10 Queries For Insurers Entering Surplus Lines Market
John Emmanuel at Locke Lord discusses what insurers should understand before entering into the surplus lines market, a growing, state-regulated area, subject to much variation in application and enforcement.
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Considering CGL Defense For Social Media Addiction Claims
A recent lawsuit filed in California state court against Meta seeks damages from technology companies for the costs of treating children allegedly suffering from social media addiction, but the prospects of defense coverage under commercial general liability insurance policies for a potential new wave of claims look promising, say Craig Hirsch and Tae Andrews at Pasich.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims
In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.
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Breaking Down DOJ's Individual Self-Disclosure Pilot Program
The U.S. Department of Justice’s recently announced pilot program aims to incentivize individuals to voluntarily self-disclose corporate misconduct they were personally involved in, complementing a new whistleblower pilot program for individuals not involved in misconduct as well as the government's broader corporate enforcement approach, say attorneys at Paul Weiss.
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Cos. Must Prepare For Calif. Legislation That Would Ban PFAS
Pending California legislation that would ban the sale or distribution of new products containing intentionally added per- and polyfluoroalkyl substances could affect thousands of businesses — and given the bill's expected passage, and its draconian enforcement regime, companies must act now to prepare for it, say attorneys at Alston & Bird.
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How To Prepare As Employee Data Reporting Deadlines Near
As filing deadlines approach, government contractors and private companies alike should familiarize themselves with recent changes to federal and California employee data reporting requirements and think strategically about registration of affirmative action plans to minimize the risk of being audited, say Christopher Durham and Zev Grumet-Morris at Duane Morris.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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Sorting Circuit Split On Foreign Arbitration Treaty's Authority
A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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First 10b5-1 Insider Trading Case Raises Compliance Issues
The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.
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Calif. Housing Overhaul May Increase Pressure On Landlords
Two recently enacted California laws signal new protections and legal benefits for tenants, but also elevate landlords' financial exposure at a time when they are already facing multiple other hardships, says Laya Dogmetchi at Much Shelist.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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Navigating Kentucky's New Consumer Privacy Law
On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.