Washington

  • February 09, 2024

    Feds Ask 9th Circ. To Pull Plug On Ore. Kids' Climate Case

    The federal government is urging the Ninth Circuit to overturn an Oregon federal judge's decision to greenlight a trial for a lawsuit filed by young plaintiffs who say current energy policies harm their future by exacerbating climate change.

  • February 09, 2024

    Taxation With Representation: Sullivan & Cromwell, Kirkland

    In this week's Taxation With Representation, California Resources Corp. acquires Aera Energy, ZeroFox Holdings goes private, and Acerinox purchases Haynes International.

  • February 08, 2024

    Amazon Hit With Class Action Over 'Rigged' Buying Features

    Two consumers hit Amazon with a proposed class action Thursday in Washington federal court, alleging "hundreds of millions" of customers have overpaid for items because of Amazon rigging algorithms to boost sales of its own retail business and third-party sellers participating in its fulfillment service.

  • February 08, 2024

    Wash. Court Demurs On Ex-NFL Player Abuse Claim

    A Washington appeals court said it won't yet decide if domestic violence can be recognized as an ongoing tort — an issue raised in a woman's lawsuit accusing her ex-romantic partner, former NFL quarterback Mark Rypien, of abuse — ruling on Thursday that the trial judge must make that call first.

  • February 08, 2024

    Wash. Judge Says Tribes Can't Seek Cultural Damages

    A Washington federal judge said the Confederated Tribes of the Colville Reservation can't seek millions of dollars of cultural resource damages over discharges from a Teck Resources Ltd. unit's smelter in Trail, British Columbia, holding that such damages can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.

  • February 08, 2024

    Microsoft Calls FTC Activision Layoff Worries 'Misleading'

    Microsoft on Thursday criticized the Federal Trade Commission's "incomplete and misleading" assertion that the company's plan to lay off 1,900 video game workers undercuts its claim that Activision Blizzard Inc. would be maintained as an independent business while the commission challenges the gaming company's $68.7 billion acquisition.

  • February 08, 2024

    House Energy And Commerce Chair Says She'll Retire

    U.S. Rep. Cathy McMorris Rodgers, R-Wash., chair of the House Energy and Commerce Committee, which oversees several federal agencies including telecommunications, energy and environmental regulators, announced on Thursday she won't seek reelection.

  • February 08, 2024

    Atty In 'The Saudi Sun' Case Seeks Jury Trial Over Sanctions

    A Seattle attorney accused of creating a fake newspaper called The Saudi Sun and filing it as a court exhibit is pushing back against a $268,000 sanction order, arguing to the Ninth Circuit that he should have a jury trial first.

  • February 08, 2024

    Wash. Tribes Sue Chevron, Others Over Climate Impacts

    A pair of western Washington tribes claim ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 have lied to consumers about the harmful climate impacts of their fossil fuel products, imperiling their lands and resources and citizens' health, according to complaints removed to federal court by Chevron.

  • February 08, 2024

    Doctor In NBA Fraud Case Can Ditch Atty Over Plea Squabble

    A Seattle physician accused of taking part in a healthcare fraud scheme orchestrated by former NBA players may drop his court-appointed attorney and represent himself in the New York criminal trial, a federal judge in Manhattan ordered, approving the move after the doctor claimed the lawyer refused to withdraw his guilty plea.

  • February 08, 2024

    Seattle Hospital Owes $215K In Mold Suit, Jury Finds

    A Seattle jury awarded $215,000 Thursday to three families whose children were prescribed antifungal treatment after being potentially exposed to toxic mold at Seattle Children's Hospital, concluding a bellwether damages trial and rejecting plaintiffs' request for far more. 

  • February 08, 2024

    Insurer Improperly Settled Shooting Claims, Court Told

    A Seattle-based housing provider said its primary insurer improperly tendered policy limits to settle two underlying claims alleging the provider was liable for deadly shootings near its apartment buildings in Georgia, telling a Washington state court that its insurer's actions have diluted its coverage for other claims.

  • February 07, 2024

    Ex-Rabobank Exec Comes Out Swinging At OCC In 9th Circ.

    A former Rabobank compliance chief on Tuesday told the Ninth Circuit that the Office of the Comptroller of the Currency is an unlawfully overstaffed, overreaching agency whose now-abandoned administrative proceedings against her were baseless and should be expunged.

  • February 07, 2024

    Coupang Says Ex-Atty's Suit Doesn't Work Outside US

    South Korean e-commerce giant Coupang said a former in-house compliance attorney's case against it for firing him after he reported it for allegedly doing business with the Iranian government should be thrown out because he was working outside the U.S. for a foreign company when he made his whistleblowing complaint.

  • February 07, 2024

    Unfriend $90M Facebook Privacy Deal, Objectors Tell 9th Circ.

    The Ninth Circuit heard Wednesday from various objectors who oppose a $90 million deal ending litigation accusing Facebook of unlawfully tracking logged-out users' browsing activity, with one attorney saying Facebook's due process rights wouldn't be violated if it were ordered to pay over $1 trillion in damages.

  • February 07, 2024

    US Tells 9th Circ. Stem Cell Clinic Not Exempt From FDA Rules

    The federal government urged a Ninth Circuit panel Wednesday to revive its bid to stop a clinic from offering experimental stem cell treatments, arguing the clinic's procedures are governed by the Food, Drug and Cosmetic Act because they result in a new product that is marketed as a cure for certain diseases. 

  • February 07, 2024

    Med Mal Case Dropped Before Wash. Justices Decide Blame

    A woman treated for injuries from a car crash has dropped her malpractice lawsuit against a hospital and a doctor, in a case a federal judge sent to the Washington Supreme Court to decide if the hospital could partially blame the patient for her injuries because she was driving while intoxicated.

  • February 07, 2024

    TradeStation To Pay SEC, States $3M Over Crypto Lending

    State and federal securities regulators on Wednesday unveiled a $3 million set of settlements with TradeStation Crypto Inc. to resolve claims that the crypto-focused brokerage failed to register its interest-earning program for digital assets as a security.

  • February 07, 2024

    Wash. High Court Won't Review J&J Patient Privacy Ruling

    The Washington State Supreme Court won't review a ruling blocking Johnson & Johnson from seeing data on millions of patients in a suit over the opioid epidemic, just weeks after the drugmaker struck a $150 million deal with the state to end the litigation.

  • February 07, 2024

    Asylum Limits Suit Paused For Possible Settlement

    A D.C. federal judge on Wednesday temporarily paused a suit by asylum seekers challenging a Biden administration rule limiting asylum at the southern border after the parties said they are exploring a settlement.

  • February 07, 2024

    Ford Says Explorer Recall Offers Doom Faulty Bolt Suit

    Ford Motor Co. is urging a Washington federal judge to toss a proposed class action accusing the automaker of selling Explorers designed with a single unreliable rear axle bolt, saying the dispute isn't ripe for litigation because the vehicle owners haven't exhausted their options under two ongoing recalls.

  • February 07, 2024

    Don't Halt Rehire Order At Hotel Bel-Air, NLRB Tells 9th Circ.

    A Los Angeles hotel can't stall the enforcement of a National Labor Relations Board decision ordering the company to rehire more than 100 employees, the NLRB told the Ninth Circuit, saying the hotel hasn't shown that it's likely the U.S. Supreme Court will take up this dispute.

  • February 07, 2024

    Facebook User Fights Uphill To Revive BIPA Case At 9th Circ.

    A Ninth Circuit judge on Wednesday told an attorney for a man alleging Facebook violated an Illinois biometric privacy law by storing an image of his face that he may agree a lower court's rationale for tossing the case was wrong, but said there might be other grounds for affirming the judgment.

  • 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.

Expert Analysis

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • When Courts Engage In Fact-Finding At The Pleading Stage

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    It remains to be seen whether the Ninth Circuit's pleading-stage factual determination in a securities class action against Nvidia was sui generis or part of a trend, but the court has created a template for district courts to follow, says Jared Kopel at Alto Litigation.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • How Legal Teams Can Prep For Life Sciences' Tech Revolution

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    The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Beware Privacy Risks In Training AI Models With Health Data

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    Because data used to train artificial intelligence models may be protected by the Health Insurance Portability and Accountability Act or other regulations, users of these models should conduct proper diligence to avoid costly compliance failures, say Neha Matta and Barbara Bennett at Frost Brown.

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