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California
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May 30, 2024
Real Estate Investor Beats Niece's Suit Over Fall At LA Home
Real estate investor and philanthropist Stanley Black can't be held liable for injuries suffered by his niece when she tripped and fell on the driveway of his Sunset Boulevard mansion, a California state appeals court has ruled, saying there's no evidence of defects on the driveway she walked on many times before.
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May 30, 2024
9th Circ. Says Cannabis Co. Can Retry Suit Over Lamp Fire
A Washington cannabis company whose Spokane Valley growing facility was burned down, allegedly due to faulty indoor grow lamps, will get one last shot at suing the company which made the lights, the Ninth Circuit ruled, warning the cannabis company to be "mindful" when filing.
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May 30, 2024
Defendant Dropped From Calif. Broker Commissions Case
A California federal judge has dismissed a multiple listing service from a proposed antitrust class action that accused the service and several real estate brokerages of engaging in a conspiracy to artificially inflate buyer broker commissions on home sales.
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May 30, 2024
Netflix Fails To Show Inventor, Funder Violated Injunction
A California federal judge has said Netflix couldn't prove a Finnish inventor violated an injunction tied to his concealment of certain legal funds, or that a litigation fund manager the inventor worked with needs to face claims tied to that concealment.
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May 30, 2024
La-Z-Boy Hit With Suit Over Misleading Furniture Pricing
Furniture manufacturer La-Z-Boy Inc. was accused on Thursday in California federal court of falsely advertising the prices of home furnishings sold by its subsidiary.
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May 30, 2024
Autonomy VP Declines To Take Stand As Fraud Trial Nears End
Testimony wrapped Thursday in a California federal criminal trial over claims that former Autonomy CEO Michael Lynch and finance vice president Stephen Chamberlain duped HP into overpaying billions for the British tech company, as Chamberlain opted not to testify in his own defense after Lynch stepped off the witness stand.
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May 30, 2024
Apple Gets PTAB To Ax Patent Claims On Waking Up Phone
Apple has successfully challenged an inventor's patent covering a way for a mobile phone to show information by a user just looking at it, with the Patent Trial and Appeal Board finding several claims were invalid as obvious.
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May 30, 2024
Full 9th Circ. Won't Rehear Immigration Attys' Privacy Row
The full Ninth Circuit on Thursday declined a request from a filmmaker and two immigration attorneys to rehear a panel decision finding that a purportedly covert government surveillance program tracking journalists and advocates tied to a migrant caravan didn't harm them.
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May 30, 2024
StubHub Owes TicketManager $16M For Breach, Jury Says
A Los Angeles jury has found following a monthlong trial that StubHub owes more than $16 million for breaching its contract with Spotlight Ticket Management, which does business as TicketManager, and interfering in the company's relationship with American Express.
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May 30, 2024
Divided FTC Won't Delay Kroger-Albertsons In-House Case
The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.
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May 30, 2024
ITC Judge Clears Amazon In Video Tech Co.'s Patent Case
A U.S. International Trade Commission judge has found that Amazon hasn't broken federal patent trade law by importing streaming products, dealing a setback to video technology company DivX LLC in its infringement case.
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May 30, 2024
NCAA Loses Bid To Sink Reggie Bush Defamation Suit
The NCAA has failed in its bid to get an early toss of the defamation suit filed by 2005 Heisman Trophy winner Reggie Bush, with an Indiana court ruling a dismissal is premature at this point because the former running back has met the pleading standards.
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May 30, 2024
Voice Software Co. Gets Bank Customer Privacy Suit Trimmed
A California federal judge has trimmed a consolidated action against Nuance Communications over its voice-detection software that was used by JPMorgan Chase Bank NA, saying that the class members failed to show how Nuance supposedly used the software to assess the truth or falsity of a person's statements by analyzing their vocal characteristics.
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May 30, 2024
Solar Tech Co. Faces Investor Suit Over Slow '23 Growth
Energy technology company Enphase Energy Inc. has been hit with a proposed shareholder class action alleging the company and its executives failed to disclose slow growth trends, including a decrease in battery shipments, resulting in share price declines when the information was revealed to investors.
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May 30, 2024
Judge Exits Military Families' Suit Over Fatal Osprey Crash
A California federal judge recused himself from the wrongful death lawsuit launched by the families of the U.S. Marines killed when a Bell-Boeing-made V-22 Osprey went down, a recent court filing shows.
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May 30, 2024
Politics Not Behind Radio Host's Firing, Broadcaster Argues
The broadcaster accused of wrongfully terminating radio host Grant Napear after he tweeted "All lives matter" told a California federal court in its bid for summary judgment that Napear's firing had nothing to do with politics, and everything to do with the disrespectful tone and timing of the post.
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May 30, 2024
Cher Gets Key Win In Royalty Fight With Sonny Bono's Widow
The Emmy, Grammy, Oscar and Tony-winning star Cher has now won a key victory in California federal court in a dispute over song royalties with the widow of ex-husband Sonny Bono, with a judge concluding that Mary Bono must continue to pay the female half of Sonny & Cher composition royalties under a 1978 marriage settlement agreement, or MSA, following their 1975 divorce.
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May 30, 2024
NCAA V. Athletes Suits Paused As Parties Talk Final Deal
The consolidated cases in the class action against the NCAA over athletes' name, image and likeness compensation were stayed by a California federal judge Thursday, the next step toward finalizing the multibillion-dollar settlement the two sides reached last week.
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May 30, 2024
SF Fed Lacked Good Reason To Deny Account, 9th Circ. Told
An Idaho trade fintech urged the Ninth Circuit to revive its bid for a master account, saying the Federal Reserve Bank of San Francisco denied its application despite foreign banks potentially accessible to terrorists having access to the U.S. financial system.
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May 30, 2024
Mich. Judge Refers Atty To Calif. Bar Over Flint PR Stunt
A Michigan federal judge overseeing contaminated drinking water litigation in Flint, Michigan, referred a California attorney to that state's bar on Thursday after the lawyer refused to provide more details, or submit to the court's jurisdiction, over her involvement in an alleged smear campaign targeting a lawyer for Flint children.
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May 30, 2024
VR Fitness App Ends $353M Antitrust Row With Meta, For Now
An app developer that sued Meta, Mark Zuckerberg and others seeking $353 million for alleged antitrust violations after the social media platform reneged on a deal to launch the plaintiff's virtual reality fitness app voluntarily dropped his case, for now, according to a notice filed Wednesday in California federal court.
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May 30, 2024
Alston & Bird Adds IP Litigator From BakerHostetler In LA
Alston & Bird LLP is boosting its intellectual property team, bringing in a BakerHostetler IP litigator as a partner in its Los Angeles office.
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May 30, 2024
NCAA To End Transfer Rules In Deal With DOJ
The NCAA agreed on Thursday to stop enforcing all rules governing athletes transferring from one institution to another, as part of a proposed consent decree filed by the U.S. Department of Justice to settle an antitrust suit against the organization by 10 states and the District of Columbia.
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May 30, 2024
Enviro Groups Launch Fresh Alaska LNG Fight In 9th Circ.
Environmental groups on Thursday petitioned the Ninth Circuit to overturn federal approvals for the Alaska liquefied natural gas project covering impacts on endangered and threatened species, the latest court challenge lodged against the $43 billion project.
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May 30, 2024
Bottler Says It's Owed Defense In Wine Contamination Dispute
A wine bottler told a California federal court its insurer must reimburse defense costs it incurred while fighting a now-settled suit seeking to hold the company liable for a $1.2 million wine contamination, arguing the lawsuit didn't specifically allege what the bottler's actions were nor the cause of contamination.
Expert Analysis
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Bracing Cos. For Calif. Privacy Agency's Restored Authority
A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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After TikTok, Tiptoeing Toward Patent Transfer Alignment
Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.
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Bank Secrecy Act Lessons For Casinos After DOJ Settlements
The U.S. Department of Justice's recent settlements with the MGM Grand and Cosmopolitan casinos, resolving an investigation into alleged violations of the Bank Secrecy Act, signal a shift in the DOJ's enforcement focus and provide insight into potential pitfalls in anti-money laundering compliance programs, say attorneys at Jenner & Block.
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Setting The Stage For High Court BofA Escrow Interest Case
Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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Future Not Looking Bright For Calif. Employee Nonsolicits
California's new legislation imposing potentially harsh consequences on employers for attempting to enforce noncompetes raises questions about the fate of employee nonsolicitation agreements — and both federal and state court decisions suggest the days of the latter may be numbered, say Anthony Oncidi and Philippe Lebel at Proskauer.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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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.