• January 30, 2024

    Allergan Asks 9th Circ. To Ignore Atty's Claims Of Fraud

    Allergan has urged the Ninth Circuit to uphold a California federal court's decision to toss a suit from a patent litigator concerning claims of fraudulently landing dementia drug patents, arguing that the conduct has been publicly disclosed, and that the litigator did not bring any new information to the appeal.

  • January 30, 2024

    Hyundai, Kia Can Ask 9th Circ. To Vet Cities' Car-Theft Claims

    A California federal judge said Hyundai and Kia can ask the Ninth Circuit to consider whether cities in New York, Ohio and Wisconsin can sue the automakers over a nationwide wave of car thefts following a viral TikTok trend that popularized tips for breaking into their vehicles.

  • January 30, 2024

    DOJ Backs Calif. In Worker Classification Fight At 9th Circ.

    A Ninth Circuit panel misunderstood U.S. Supreme Court precedent when it ruled that a California worker classification law wasn't rational, the U.S. Department of Justice has said, urging the full appeals court to flip the decision against Assembly Bill 5.

  • January 30, 2024

    SEC Tells 9th Circ. Crypto Law Firm Has No Claim To Bring

    The U.S. Securities and Exchange Commission told the Ninth Circuit on Monday that cryptocurrency-using law firm Hodl Law PLLC can't challenge the agency's digital asset enforcement policy because the firm's concerns about future harms are all hypothetical.

  • January 29, 2024

    Cash App Fights Proposed Class Action Over Text Referrals

    Block Inc., which operates mobile payment service Cash App, has asked a Seattle federal judge to toss a consumer's proposed class action alleging that the company's referral texts constitute "annoying and harassing spam texts."

  • January 29, 2024

    FTC Backs CoStar Rival's Counterclaims At 9th Circ.

    The Federal Trade Commission asked the Ninth Circuit on Friday to revive Commercial Real Estate Exchange Inc.'s antitrust counterclaims against commercial real estate information firm CoStar, warning that a district court's dismissal could impair the agency's probe of similar allegations as well as "meritorious cases against monopolists of all stripes."

  • January 29, 2024

    Phone Casino Game Maker Can't Seal CEO's Deposition

    A Washington federal judge refused Monday to seal parts of a deposition of High 5 Games LLC's CEO in a class action accusing the casino phone game developer of defrauding players, ruling that the company failed to show how public disclosure would cause "concrete harm."

  • January 29, 2024

    Ex-Exec Still Faces $175K FDIC Fine Despite Nixed Conviction

    A former Oregon bank executive whose conspiracy and fraud charges were vacated by the Ninth Circuit has returned to the appellate court, seeking a review of a Federal Deposit Insurance Corp. decision to maintain a civil fine in her administrative proceedings despite the vacatur.

  • January 29, 2024

    Ariz. Asks High Court To Review Off-Campus Title IX Liability

    Arizona is petitioning the U.S. Supreme Court to review the full Ninth Circuit's split decision that revived a former University of Arizona student's Title IX complaint concerning her claims of assault by a member of the school's football team, arguing clarification is needed on liability for off-campus incidents.

  • January 29, 2024

    No Need To Stop Salmon Fishing To Help Orcas, 9th Circ. Told

    Alaska, the U.S. government and a fishing trade group are all urging the Ninth Circuit to reverse a lower court ruling vacating an incidental take statement underpinning a Chinook salmon troll fishery in southeast Alaska, arguing the district court inflated questionable benefits to prey availability for endangered killer whales and failed to consider harms to Alaska communities.

  • January 29, 2024

    Satanic Temple, Ex-Members Agree To End Defamation Row

    The Satanic Temple said it has struck an agreement to end a lawsuit accusing former members of posting defamatory statements on Facebook, after the Ninth Circuit said it was unclear whether the case could overcome a legal doctrine that blocks courts from weighing in on a religious organization's beliefs.

  • January 29, 2024

    Amazon Can't Escape Streaming Patent Infringement Suit

    A California federal judge denied a bid by Amazon and its streaming platform unit Twitch Monday to toss a patent infringement suit over video streaming technology, saying the patent-at-issue isn't abstract and invalid but shows an improvement over prior inventions for computer functionality.

  • January 29, 2024

    DOJ Says Wash. Hospital Had Role In Spinal Surgeon Scandal

    A Tacoma, Washington-based hospital operator failed to address red flags that one of its doctors was performing unnecessary surgeries, instead earning millions of dollars from the neurosurgeon's dangerous misconduct by fraudulently billing the government for his work, federal and state prosecutors have alleged. 

  • January 29, 2024

    Amazon, IRobot Pull Plug On Deal Due To European Scrutiny

    Amazon and iRobot said Monday they have mutually agreed to terminate their $1.7 billion agreement for the tech giant to acquire the maker of Roomba robot vacuums, noting the deal has "no path to regulatory approval" in the European Union and calling it "a loss for consumers, competition and innovation."

  • January 26, 2024

    Ex-Child Care Worker's 'Hypothetical' Competition Claims Fail

    A Washington federal judge said she couldn't hear claims in a case accusing a child care company of hindering a former worker from landing outside nannying jobs, saying the plaintiff failed to point to any lost opportunities because of the employer's policies.

  • January 26, 2024

    9th Circ. Gives Immunity To Cop Who Disclosed Abuse Report

    The Ninth Circuit on Friday affirmed that a Clovis, California, police officer has qualified immunity in a suit alleging she disclosed to an alleged domestic abuser, a fellow officer, that the victim had filed a report, but, going forward, immunity would not apply in a similar case.

  • January 26, 2024

    Wash. Judge Doubts Jury Instruction Qualm In Worker's Case

    A Washington appellate judge expressed skepticism Friday of King County's attempt to avoid a jury's $2 million worker retaliation verdict, seemingly unconvinced of the county's argument that jurors were improperly instructed to weigh the actions of a manager who had no real say in the plaintiff's suspension.

  • January 26, 2024

    Google Disposes Of Web Conference Patent Suit

    A patent covering a type of "time-shifted web conferencing" asserted against YouTube's livestreaming brand has failed to hold up in a federal court in Washington.

  • January 26, 2024

    Monsanto Says High Court Ruling Can't Save Jury Award

    Monsanto has again urged an appellate court to reverse a nearly $200 million jury verdict for PCB poisoning, arguing the Washington Supreme Court's recent decision throwing out the state's 8-year limit on malpractice claims did not invalidate the state's products liability statute of repose.

  • January 26, 2024

    9th Circ. Says No Duty To Defend McKesson Opioid Suits

    An AIG unit and a Chubb unit have no duty to defend McKesson Corp. over claims it intentionally oversupplied opioids and inflamed the ongoing opioid epidemic, the Ninth Circuit ruled Friday, finding that the three underlying bellwether suits at issue "describe purely deliberate conduct."

  • January 26, 2024

    Painters Union's Trust Says Law Firm Owes It Medical Costs

    A painters union's trust that provides employee benefits has said in a new lawsuit that a plan participant and a Washington state personal injury law firm must reimburse it for medical expenses after they recovered more than $700,000 in damages from a pair of car crashes.

  • January 26, 2024

    Bosch Oven Suit Gets Early Approval On $2M Settlement

    A federal judge in Seattle has preliminarily approved a $2 million settlement in a suit alleging Bosch microwave ovens have a defect in which the control panel lighting fades over time, keeping customers from being able to use the appliance, an order in Washington federal court shows.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Landlords Want Justices To Weigh In On COVID Eviction Bans

    Two landlords have asked the U.S. Supreme Court to review a Ninth Circuit decision upholding the dismissal of their arguments that pandemic-era eviction bans in Washington and the city of Seattle were an unconstitutional taking under the Fifth Amendment.

  • January 26, 2024

    Calif. Pulls Challenge To $18M EEOC, Activision Deal

    The California Civil Rights Department has dropped its appeal of an $18 million sex harassment settlement reached between the U.S. Equal Employment Opportunity Commission and Activision Blizzard, ending a two-year turf war between the state and federal bias watchdogs.

Expert Analysis

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Federal Policies Keeping Autonomous Vehicles In Slow Lane

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    In the first installment of this two-part article, attorneys at Faegre Drinker examine recent federal regulations and programs related to autonomous vehicles — and how the federal government's failure to implement a more comprehensive AV regulatory scheme may be slowing the progress of the industry.

  • What UCC Article 12 Adoption Means For Digital Assets

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    Until it is widely adopted, both owners of digital assets and their secured lenders will need to exercise caution in jurisdictions that have adopted Uniform Commercial Code Article 12, and care will need to be taken when creating, transferring and managing digital assets to comply with its requirements, say Margo Tank and David Whitaker at DLA Piper.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Pesticide Labeling Bill, 9th Circ. Case Could Cut Prop 65 Suits

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    Both a pending bill in the U.S. House of Representatives and a case currently on appeal before the Ninth Circuit could constrain California's ability to require Proposition 65 warnings on pesticide products — thus potentially preventing numerous lawsuits and bringing relief to businesses across the country, say attorneys at Alston & Bird.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • CFPB, FTC Actions Show Consumer Terms Need Fresh Eyes

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    Providers of consumer financial products and services should take recent statements and actions from the Consumer Financial Protection Bureau and Federal Trade Commission as an invitation to review their consumer-facing disclosures to ensure that the terms are clear, easy to understand and prominently displayed, say Christina Grigorian and Eric Hail at Katten.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Checking In On How SuperValu Has Altered FCA Litigation

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    Four months after the U.S. Supreme Court's ruling in U.S. ex rel. Chutte v. SuperValu, the decision's reach may be more limited than initially anticipated, with the expansion of the scienter standard counterbalanced by some potential defense tools for defendants, say Elena Quattrone and Olivia Plinio at Epstein Becker.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Circuit Rulings Confirm Ch. 11 Trustee Fee Refund Trend

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    Recent Ninth and Eleventh Circuit rulings that Chapter 11 debtors are entitled to refunds for unconstitutional bankruptcy trustee fees paid under the Bankruptcy Judgeship Act support a developing trend in debtors' favor, making it likely that courts considering the same question will follow suit, says Adam Herring at Nelson Mullins.

  • RICO Trade Secret Standard Prevails Within 9th Circ. Courts

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    Federal courts in the Ninth Circuit seem to be requiring a relatively high degree of factual detail — arguably more than is expressly mandated by statute — to plead and maintain Racketeer and Corrupt Organizations Act claims in trade secret disputes, says Cary Sullivan at Jones Day.

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