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California
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June 05, 2024
Santa Barbara Gets Bulk Of Pot Farm Raid Suit Tossed
A California federal judge has thrown out the bulk of a cannabis farmer's suit alleging that members of the Santa Barbara County Sheriff's Office illegally raided his farm and destroyed his property, leaving only a judicial deception claim to go forward.
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June 05, 2024
Fish Taco Chain Rubio's Files 2nd Bankruptcy In 4 Years
The California-based fish taco-focused chain Rubio's Coastal Grill filed its second Chapter 11 bankruptcy in four years on Wednesday in Delaware, saying it had between $100 million and $500 million of liabilities and plans for an asset sale.
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June 04, 2024
Ontrak CEO Shed $20M In Stock With Insider Info, Jury Hears
Ontrak Inc.'s founder rushed to dump over $20 million of the healthcare company's stock using insider information about a souring relationship with its biggest client, Cigna, helping him avoid $12 million in losses, prosecutors told California federal jurors Tuesday in a first-of-its-kind securities fraud trial.
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June 04, 2024
Morgan Stanley Unit Seeks Exit From Alorica 401(k) Fee Suit
Morgan Stanley Smith Barney LLC has asked to be dismissed from a suit alleging mismanagement of a retirement savings plan for employees of business processing outsourcing service provider Alorica Inc., arguing in California federal court that it had been "improperly lumped" into a revision of the suit 17 months after the matter was originally filed.
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June 04, 2024
Divided 9th Circ. Reverses Sutter Health Antitrust Trial Victory
A split Ninth Circuit panel on Tuesday overturned Sutter Health's win in insurance plan purchasers' $400 million antitrust suit, ruling that the lower court wrongly excluded "highly relevant" evidence — including admissions by Sutter executives — that would've helped the purchasers potentially prove claims they overpaid thanks to Sutter's anticompetitive conduct.
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June 04, 2024
Atty's Argentine Uber Debut Fight Lands At Calif. High Court
Barring fraudulent concealment claims under the so-called economic loss doctrine would create "perverse incentives" for people to draw others into contracts and "have their way with them," the California Supreme Court was told Tuesday by counsel for an Argentinian attorney suing Uber on allegations it hid crucial information from him.
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June 04, 2024
9th Circ. Backs Agency Denial Of Partnership's Crop Policy
The Federal Crop Insurance Corp. reasonably interpreted a policy that was canceled by an insurer after a farming partnership filed a claim seeking the full $1.9 million limit, the Ninth Circuit ruled Tuesday, affirming a decision backing the FCIC's conclusion that the operation didn't qualify for coverage.
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June 04, 2024
On 2nd Bite, Apple Investors Get Initial OK For $490M Deal
A California federal judge has given the first OK to a $490 million settlement that will resolve claims that Apple misled investors about iPhone sales in China, saying the deal is fair and reasonable, and a better alternative than further litigation, after criticizing the deal during its initial bid for approval and ordering changes.
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June 04, 2024
Diddy Sells Stake In Revolt As Employees Assume Ownership
Rap and media mogul Sean "Diddy" Combs has sold his majority stake in Revolt, the media and entertainment company he founded, shifting ownership of the business to its employees as his legal troubles continue to mount, according to a Tuesday announcement.
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June 04, 2024
HP Fraud Charges Against Ex-Autonomy Execs Head To Jury
Closing arguments wrapped Tuesday in a California federal criminal trial over claims that former Autonomy CEO Michael Lynch and ex-finance vice president Stephen Chamberlain duped HP into overpaying billions for the British tech company, with Chamberlain's lawyer saying his client did his job "in good faith," which, in the court's eyes, is a "complete defense."
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June 04, 2024
Apollo Leading $11B Investment For 49% Stake In Intel JV
Apollo Global Management said Tuesday it's heading up an $11 billion investment to acquire a 49% interest in a joint venture with Intel Corp. related to Intel's Fab 34 chip factory in Leixip, Ireland.
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June 04, 2024
Paramount Hit With $142.5M 'Lucha Libre' Lawsuit
Paramount and Univision have been hit with a $142.5 million copyright lawsuit over allegedly continuing to broadcast masked "Lucha Libre" fights on Pluto TV, over a year after ending a licensing deal with a California company that markets the videos in the U.S.
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June 04, 2024
Justices Raise Doubt Hospital System Must Face Wage Claims
The California Supreme Court appeared open Tuesday to undoing a finding that a hospital system is not a public entity and must face workers' meal- and rest-break claims, with one justice noting that state law repeatedly calls the system a public entity and saying, "So what do we make of that?"
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June 04, 2024
Suit Says Songwriter The-Dream Sexually Assaulted Woman
The-Dream, a musician who has written songs for artists including Rihanna and Beyoncé, is facing a lawsuit in California federal court from a woman claiming that he raped her after he said he'd help launch her musical career.
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June 04, 2024
Chancery Pauses Meta Suit While Calif., Texas Cases Continue
Delaware's Chancery Court on Tuesday paused a derivative suit seeking potentially massive damages from Meta Platforms Inc.'s leaders for failing to eliminate pedophilia, human trafficking and child exploitation content from its social media sites, pending resolution of direct damages suits in Texas and California.
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June 04, 2024
Matterport Hit With Investor Suit Over $1.6B CoStar Deal Docs
An investor of 3D building imaging company Matterport is attempting to prevent the company's proposed merger with real estate analytics company CoStar Group Inc., saying Matterport's deficient registration statement fails to show how the transaction will benefit public shareholders.
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June 04, 2024
Northrop Fights Retirees' 9th Circ. Bid For New Judge
Northrop Grumman has asked the Ninth Circuit to keep a proposed ERISA class action in U.S. District Judge Otis D. Wright II's courtroom, arguing it would be inappropriate to accept the retirees' bid to move the case before a different judge after two appellate court panels overturned Judge Wright's previous dismissals in the matter.
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June 04, 2024
UC System Plans To Sue Grad Workers' Union Over Strike
The University of California system is planning to sue its graduate student workers' union over a Gaza-related strike that has spread to five campuses, saying state court is the next step now that a state labor-management relations agency has declined to halt the work stoppage.
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June 04, 2024
9th Circ. Rejects Immigrant's Evidence Authenticity Challenge
A split Ninth Circuit refused to revive a Guyanese man's bid for deportation relief, saying he didn't actually challenge the authenticity of evidence used to support his removability, including an FBI rap sheet he said included an incorrect birthplace.
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June 04, 2024
Experian Accuses Firms Of Fake Mortgage Denial Scheme
Credit reporting law firm Stein Saks PLLC headed up a nationwide scheme to "extort" Experian into settling "sham" lawsuits by consumers through creating fake credit denial letters in order to inflate damages and bolster their consumers' suits, according to a federal lawsuit filed by the credit reporting agency.
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June 04, 2024
Alaska Airlines Passengers Drop Boeing 737 Blowout Suit
A group of passengers has agreed to drop claims against The Boeing Co., supplier Spirit AeroSystems and Alaska Airlines over the Jan. 5 mid-flight door plug blowout on a Boeing 737, according to a stipulated dismissal notice filed in Washington state court.
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June 04, 2024
Illumina Board Puts Grail Spinoff In Motion After EU OK
Illumina Inc. said Tuesday that its board had approved a spinoff of its cancer detection company following a push by activist heavyweight Carl Icahn and an ultimate order from European authorities to dispose of the asset.
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June 04, 2024
Ex-Lumentum VP Traded On Merger Info, SEC Says
The former vice president of product line management at Lumentum has been accused by the U.S. Securities and Exchange Commission of using nonpublic information about a pending merger to trade stock during his time with the laser products company.
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June 04, 2024
Ogletree Opens 7th California Office In Fresno
Ogletree Deakins Nash Smoak & Stewart PC has opened an office in Fresno, California, absorbing a location previously operated by Raimondo Miller ALC and its five attorneys, the firm has announced.
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June 04, 2024
Crash Victim Asks 11th Circ. To Revive Suit Against Port Co.
A man who was hit by a dockworker driving his pickup truck at the Port of Savannah urged the Eleventh Circuit on Tuesday to revive his claims against the worker's employer, arguing that the worker was already on the job and not commuting when he caused the crash.
Expert Analysis
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How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling
In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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PE-Healthcare Mergers Should Prepare For Challenges
State and federal regulators are increasingly imposing new requirements on healthcare transactions involving private equity partners, with mergers that would have drawn little scrutiny a few years ago now requiring a multijurisdictional risk analysis during the deal formation process, say attorneys at Stinson.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Drafting Calif. Cannabis Management Services Agreements
Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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What Calif. Eviction Ruling Means For Defaulting Borrowers
A California appellate court's recent decision in Homeward Opportunities v. Taptelis found that a defaulting borrower could not delay foreclosure with an improperly served notice of pendency of action, but leaves open a possibility for borrowers to delay eviction proceedings merely by filing lawsuits, say Anne Beehler and Krystal Anderson at Holland & Knight.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Birkin Bag Case Carries Competition Lessons For Retailers
A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.