Washington

  • February 07, 2024

    FTC Says Layoff Shows Microsoft Will Control Activision

    The Federal Trade Commission, which is appealing a district court's refusal to block the $68.7 billion acquisition of Activision Blizzard, told the Ninth Circuit on Wednesday that a plan to lay off 1,900 video game workers undercuts assertions of an independent post-deal Activision.

  • February 07, 2024

    Insurer Asks 9th Circ. To Rehear Wildfire Pollution Ruling

    An insurer urged the Ninth Circuit to rehear a dispute over its obligation to defend a contractor against a truck driver's lung injury suit, arguing that the majority wrongfully relied on a 2003 California Supreme Court ruling to find a pollution exclusion didn't apply.

  • February 06, 2024

    Charts May Not Be Greatly Similar In IP Case, Judge Says

    A federal magistrate judge said he was not convinced that a Washington software company's managing chart was "strikingly similar" to a chart created by a management consultant who has accused the software firm of infringement, questioning Tuesday if there was enough to show that the defendants had direct access to the protected chart.

  • February 06, 2024

    9th Circ. Won't Review $1.3B India Award Fight

    The Ninth Circuit on Tuesday refused to revisit its decision overturning the enforcement of a $1.3 billion arbitral award issued to an Indian satellite communications company on jurisdictional grounds, despite a scathing dissent from several judges criticizing the appellate court's outlier position on the relevant issue.

  • February 07, 2024

    CORRECTED: 9th Circ. Nixes Mexican Movie Co.'s Award Challenge

    The Ninth Circuit has agreed with a lower court's enforcement of an arbitral award against a Mexican motion picture distributor in a case involving a California film production company's right to distribute in Latin America the movie "Ava" starring Jessica Chastain. Correction: A previous version of this article's headline has been corrected.

  • February 06, 2024

    Investment Report Shows Cost Of Delaying Climate Action

    Insurers could face billions of dollars in losses if they continue with their current courses of investments that contribute to climate change, according to a new analysis by insurance regulators from California, Oregon and Washington.

  • February 06, 2024

    Fed Lifts Actions Against BNP Paribas, Tiny FTX-Linked Bank

    The Federal Reserve Board has ended enforcement actions it brought against Washington-based Farmington State Bank and France's BNP Paribas, the regulator announced Tuesday.

  • February 06, 2024

    Amazon Says Class Cert. Not Appropriate In Military Bias Suit

    Claims that Amazon systematically demoted and fired workers who took military leave should not move forward on a class basis, the online retail giant said, telling a Washington federal court that evidence shows thousands of military workers took time off without a hitch.

  • February 06, 2024

    GOP Chided For Turning On Border Policies They 'Demanded'

    Democratic lawmakers on Tuesday criticized Republicans for turning on a $118 billion border security package ahead of a Senate vote scheduled for Wednesday, with Sen. Patty Murray, D-Wash., saying Republican lawmakers were renouncing border policies they themselves insisted on.

  • February 06, 2024

    Judge Plans Field Trip To Dam Tribe Says Kills Protected Fish

    A Washington federal judge is planning a field trip to a rock dam and sheet pile wall on the Puyallup River that a Washington tribe says is harmful to endangered wild salmon, saying Tuesday from the bench that it's been difficult to see "what's going on out there" from photos and courtroom arguments.

  • February 06, 2024

    737 Max In Alaska Air Blowout Had 'Missing' Bolts, NTSB Says

    A mid-cabin panel that blew off a Boeing 737 Max 9 jet mid-flight last month appeared to have been missing four bolts meant to secure it in place, before the aircraft was ever delivered to Alaska Airlines, the National Transportation Safety Board said in a preliminary report Tuesday.

  • February 06, 2024

    9th Circ. To DOL In Wage Rule Case: 'That's Just Not True'

    A Ninth Circuit panel on Tuesday appeared to push back against the federal government's argument that the U.S. Department of Labor's federal contract worker minimum wage rule is lawful because it promotes economy and efficiency.

  • February 06, 2024

    FTC Presses To Keep Seller Info From Amazon If Suit Survives

    The Federal Trade Commission urged a Washington federal court on Tuesday not to toss its landmark case accusing Amazon of monopolizing online retail sales and also pushed to prevent exposure of sellers' confidential information to the e-commerce giant while the case is underway.

  • February 06, 2024

    9th Circ. Won't Revive Oracle Worker's Retaliation Suit

    A former cloud service project manager at Oracle in Canada cannot revive his lawsuit claiming the software company retaliated against him after he refused to participate in what he believed was fraud, the Ninth Circuit ruled Tuesday, saying federal whistleblower anti-retaliation laws don't apply outside the United States.

  • February 06, 2024

    Express Scripts Cites Low Bar To Keep AG Suit In Fed. Court

    Pharmacy benefit manager Express Scripts Inc. pressed the Ninth Circuit on Monday to let it force its part of a California attorney general antitrust suit over skyrocketing insulin prices into federal court, arguing the enforcer and a U.S. district judge imposed the wrong standards in sending the case back to state court.

  • February 06, 2024

    NanoString Can Tap $142.5M DIP As It Weighs Ch. 11 Sale

    Life sciences company NanoString Technologies Inc. received a Delaware bankruptcy judge's approval Tuesday to borrow a portion of $142.5 million in Chapter 11 financing that the company will use to support operations while assessing outside offers to buy its business.

  • February 06, 2024

    Zillow Rival Appeals Property Listings Suit Loss To 9th Circ.

    Defunct brokerage platform REX-Real Estate Exchange is asking the Ninth Circuit to grant a new trial in its deceptive practices suit against Zillow, arguing that a Washington federal judge gave jurors improper instructions that allowed Zillow to escape culpability for REX's claims that it benefited from its allegedly unfair online listing actions.

  • February 06, 2024

    Cybersecurity Biz To Go Private Following $350M Merger

    External cybersecurity provider ZeroFox Holdings Inc., advised by Venable LLP, will no longer be a public company following its all-cash $350 million acquisition by private equity firm Haveli Investments, led by Ropes & Gray LLP, according to a Tuesday statement.

  • February 06, 2024

    Wealth Co. Says Insurers Owe Coverage In Meth Suits

    A Seattle wealth management company told a Washington state court that its insurers have improperly withheld defense coverage for underlying suits alleging a trust beneficiary harmed his condominium neighbors by using and manufacturing meth.

  • February 05, 2024

    Wash. Labor Dept. Says ICE Facility Operator Blocking Probes

    Washington state's labor department has alleged in a complaint moved to federal court that private prison operator GEO Secure Services LLC is illegally blocking inspectors from enforcing state workplace safety laws at an immigration detention facility.

  • February 05, 2024

    Groups Urge 9th Circ. To Overturn Alaskan Willow Project

    The Bureau of Land Management should have looked before it leaped in reapproving ConocoPhillips' planned Willow drilling project in Arctic Alaska, the Center for Biological Diversity said Monday, arguing that the agency refused to evaluate the effects of any alternative plans that stranded economically viable oil on the company's land leases.

  • February 05, 2024

    $4.5M Perkins Coie Crypto Settlement Gets Initial OK

    A $4.5 million settlement between Perkins Coie LLP and investors alleging it misappropriated $10 million in cryptocurrency has gotten an initial nod from a Washington federal judge.

  • February 05, 2024

    BNSF Railway Blamed For Triggering 2023 Wash. Wildfire

    A tenant who lost his belongings in a blaze last summer that destroyed 10 homes and burned more than 500 acres in Washington state blamed BNSF Railway in state court for negligently running a "fire prone train" through a hot, dry, overgrown area, igniting the Tunnel 5 Fire.

  • February 05, 2024

    Expedia Must Face Bankrupt Swiss Rival's Antitrust Claims

    A federal court in Washington state has refused to toss claims that Expedia drove a competing hotel booking website out of business by using its control over Trivago to change the price comparison site's auction process for the placement of listings.

  • February 05, 2024

    States, Enviro Groups Expand Suits Over USPS' New Vehicles

    Environmentalists and a coalition of states broadened their California federal court challenges to the U.S. Postal Service's decision to replace its aging delivery fleet with "gas-guzzling vehicles" powered by internal combustion engines, saying it failed to consider lower-emission alternatives.

Expert Analysis

  • 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.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Amgen-Horizon Deal May Signal FTC's Return To Bargaining

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    The Federal Trade Commission's recent settlement of its challenge to Amgen's proposed acquisition of Horizon Therapeutics marks the latest in a string of midlitigation settlements, and may signal that competition regulators are more inclined toward such negotiations following recent litigation losses, say attorneys at Freshfields.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Opinion

    9th Circ.'s Latest UBH Ruling Ignores Case's Core Issue

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    The Ninth Circuit’s recent decision to vacate its earlier opinion in Wit v. United Behavioral Health frustratingly disregards the case’s key issue of benefits coverage for mental health treatment, and illogically elevates an insurer's discretionary authority over the medically necessary needs of patients, says Mark DeBofsky at DeBofsky Law.

  • 9th Circ. Kellogg Ruling Offers Protein Claim Defense Tips

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    The Ninth Circuit's recent opinion dismissing consolidated false advertising class actions against Kellogg and Kashi should be required reading for manufacturers that include protein-related claims on their product labels because it significantly clarifies the viability of state law challenges to those claims, say Olivia Dworkin and Cortlin Lannin at Covington.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

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