Amazon Gets NY's NLRB Fill-In Law Blocked For Now

By Hailey Konnath

A New York federal judge issued a preliminary injunction blocking a law allowing the Empire State's labor board to adjudicate private sector unionization matters and labor-management disputes, ruling that Amazon is likely to prevail in its challenge of the measure.

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Apple Accused Of Cloaking Conflict Minerals From Customers

By Lauren Berg

Apple tricks consumers into believing that it responsibly sources the key minerals used in its phones, computers and other tech products, when in reality it sources cobalt and coltan from companies that commit human and labor rights abuses, International Rights Advocates alleges in a lawsuit filed in Washington, D.C.

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Analysis

High Court's $1B ISP Case May Define Digital Liability Norms

By Ivan Moreno

Monday's U.S. Supreme Court arguments in a $1 billion copyright case filed by music companies against Cox Communications offer justices the first chance in decades to define business liability for customer piracy online.

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Bergdorf Goodman Exec Is Sued To Stop Move To Nordstrom

By Rae Ann Varona

Saks Global has filed suit in Texas federal court seeking to stop a "high-visibility executive" who recently resigned from its Bergdorf Goodman subsidiary from joining Nordstrom Inc., accusing the former executive of breaching noncompete obligations and improperly retaining trade secrets she allegedly downloaded before resigning.

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OpenAI Says ChatGPT Can't Be Blamed For Teen's Suicide

By Y. Peter Kang

OpenAI hit back at allegations that its ChatGPT artificial intelligence chatbot aided and abetted a California teen's suicide, saying the boy's misuse of the platform caused his actions, according to documents filed in San Francisco County Superior Court.

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RealPage Sues Over NY Rental Pricing Software Law

By Matthew Perlman

Property management software company RealPage sued New York's attorney general in federal court, alleging a recently passed state law to prevent building owners from using software to collude on residential rental rates is unnecessary and violates the First Amendment.

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Analysis

Calif. Privacy Agency Gaining Steam Ahead Of 5th Anniversary

By Allison Grande

California's data privacy regulator has taken several notable steps in recent months, including handing down its first penalty upward of $1 million and finalizing long-awaited rules on topics such as cybersecurity audits and technologies that use artificial intelligence, and the groundbreaking agency shows no signs of slowing down as its fifth anniversary approaches. 

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Coinbase Insiders Sued In Del. For Billions After Hack Losses

By Jeff Montgomery

Stockholders of Coinbase Global Inc. have again sued the crypto giant in Delaware's Court of Chancery, in a second derivative suit seeking recoveries for billions in alleged inside trading by fiduciaries of the now-Texas-chartered company and claiming multiple failures to prevent high-risk customer actions.

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6 December Argument Sessions Benefits Attys Should Watch

By Kellie Mejdrich

Workers who say Prudential mismanaged their retirement savings will ask the Third Circuit to reinstate their class action, while a union pension fund will ask the Eighth Circuit to put General Electric back on the hook for a $230 million in pension withdrawal liability. Here's a look at six upcoming oral argument sessions benefits attorneys should have on their radar.

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Roundup

Up Next At High Court: ISP Liability & State Subpoena Suits

By Katie Buehler

The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court. 

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Nike, Small Business Admin Top 3rd Circ. December Lineup

By George Woolston

The Third Circuit's December lineup features disputes from all levels of the U.S. economic system, from a consumer fighting to hold a credit agency accountable for reporting inaccurate information, to Nike's ongoing attempt to avoid a $5.7 million fee award in a trademark case it lost in 2021.

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9 News Outlets Latest To Sue Microsoft, OpenAI For IP Theft

By Lauren Berg

The Virginian-Pilot, Los Angeles Daily News, Hartford Courant and six other regional news outlets joined a long list of authors and publishers who accuse Microsoft Corp. and OpenAI Inc. of willfully infringing their copyrighted works to train their generative text products.

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​​​​​​​Johnny Cash's Estate Sues Coca-Cola Over Soundalike Ad

By Rae Ann Varona

The estate of Johnny Cash has sued Coca-Cola in Tennessee federal court, accusing the soda giant of using a soundalike singer to pirate the legendary musician's "distinctive bass-baritone" voice in a television commercial without consent, in violation of the federal Lanham Act and a new Tennessee publicity rights law.

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8th Circ. Finds No Grounds For Folgers Deceptive Label Class

By Emily Field

The Eighth Circuit struck down a lower court's order certifying a class of Folgers coffee drinkers allegedly deceived by serving size instructions, saying that many consumers either weren't fooled or simply liked weaker coffee.

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Paratek Beats Suit Alleging $462M Sale Built On D&O Interests

By Jeff Montgomery

A Delaware vice chancellor tossed investor challenges to Paratek Pharmaceuticals' $462 million sale to Gurnet Point Capital and Novo Holdings, saying it was not reasonably conceivable that directors and officers undermined better deal prospects in order to protect personal interests.

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Investor Suit Over Failed TD Bank-First Horizon Deal Tossed

By Katryna Perera

A New Jersey federal judge dismissed an investor class action over TD Bank's failed $13.4 billion merger with First Horizon Corp., finding that First Horizon investors can't sue because they never held TD Bank shares and the deal didn't close.

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Justices Urged To Mull 9th Circ. OK Of NLRB Order On Macy's

By Braden Campbell

The Ninth Circuit defied U.S. Supreme Court precedent and opened a circuit split when it upheld a National Labor Relations Board order making Macy's rehire striking workers and dole out novel remedies covering workers' losses, the company argued in a bid for the high court's review.

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GTCR Drops FTC Constitutional Challenge Over Merger Case

By Matthew Perlman

GTCR BC Holdings LLC has agreed to dismiss its constitutional claims against the Federal Trade Commission after enforcers dropped their case challenging the private equity firm's $627 million purchase of medical device coatings company Surmodics Inc.

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Tube Maker's Board Says CEO Funneled Profits To Sons' Co.

By Jarek Rutz

The special committee of the nation's largest squeezable tube manufacturer's board has sued the company's CEO and his two sons in Delaware Chancery Court, alleging they siphoned off corporate profits through a self-dealing arrangement that steered label-supply business to a family-owned business at inflated prices.

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Brief

Justices Delay Copyright Chief Case Until FTC Firing Decision

By Ivan Moreno

The U.S. Supreme Court said it will defer ruling on whether the Trump administration's firing of the U.S. Copyright Office leader was legal until the justices resolve cases involving the terminations of a Democratic Federal Trade Commission member and Federal Reserve Gov. Lisa Cook.

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Gordon Rees Adds Healthcare Litigator, Ex-DEI Leader In SF

By James Mills

Gordon Rees Scully Mansukhani LLP is expanding its California team, bringing in a healthcare litigator who recently was the director of diversity, equity and inclusion in the San Franciso City Attorney's office.

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Bonus Spotlight

Magic Circle Firms Enchant Associates With Top-Tier Bonuses

By Tracey Read

U.S. associates at Linklaters LLP and Clifford Chance LLP have a lot to be thankful for this holiday season, as the Magic Circle firms Wednesday became the latest to match the BigLaw standard for this year's associate bonuses.

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Analysis

After Big Win For 2 Trump Foes, A Third Faces 'Tougher Job'

By Phillip Bantz

The recent dismissal of federal criminal charges against New York Attorney General Letitia James and former FBI director James Comey does little to help President Donald Trump's ex-national security adviser John Bolton, whose defense in a classified-materials case presents a thornier set of legal and factual issues, experts say.

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Interview

For Covington's Adrian Perry, Music Is A Family Affair

By Theresa Schliep

Despite having a famous rock star dad, Covington & Burling LLP partner Adrian J. Perry wasn't all that interested in being a musician as a young child, but he knew as early as 6 years old that he wanted to be a lawyer.

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Split 6th Circ. Shields Baker Donelson, Not City Councilman

By Matt Perez

In a published opinion, the Sixth Circuit has found that Baker Donelson Bearman Caldwell & Berkowitz PC is shielded by qualified immunity as outside counsel for the city of Nashville in litigation over the law firm's firing of a city election commission chair and member of the firm.

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Foley & Lardner Hit With Malpractice Suit Over Chancery Loss

By Rose Krebs

Foley & Lardner LLP has been sued in Delaware Superior Court by three officers of a now-defunct food recycling company who say the firm was negligent when representing them in a Chancery Court case that led to a $1.6 million judgment against them and another officer.

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DOJ Asks Court If It Can Release Epstein Files Under New Law

By Lauren Berg

The U.S. Department of Justice is seeking a New York federal court's permission to publicly release the files related to the investigation of late sex offender Jeffrey Epstein, clarifying Wednesday that it wants to release search warrant results, travel and financial records, police reports, and other materials.

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Keesal Young Poaching Suit Against Stradley Ronon Trimmed

By Madison Arnold

A California state judge cleared Keesal Young & Logan to pursue most of its lawsuit alleging Stradley Ronon Stevens & Young crossed the line when it recruited 10 former Keesal Young attorneys, finding that claims such as inducing breach of contract could move forward, in part, because of conversations among the attorneys.

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DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court

By Rose Krebs

The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.

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Hub Hires: Todd & Weld, Freshfields, Shipman

By Julie Manganis

It was a busy November in Boston's legal community as another firm expanded into the market, and a longtime judge traded his gavel for the ability to address his growing concerns about the Trump administration.

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