• January 25, 2024

    9th Circ. Forms AI Panel With Bradley Arant Atty As A Member

    The Ninth Circuit is forming a committee to guide the court on artificial intelligence issues, according to a Bradley Arant Boult Cummings LLP partner and member of the committee who spoke to Law360 about judicial efforts to address the emerging technology.

  • January 25, 2024

    High Court Arbitration Case May Raise More Questions

    A petition before the U.S. Supreme Court relating to whether federal judges can permit a party to immediately appeal a ruling compelling arbitration raises related issues that the justices may opt not to resolve, potentially resulting in a decision that only sows more confusion.

  • January 25, 2024

    Petition Watch: Patent Obviousness, ADA Trials, Spoofing

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past two weeks that you might've missed, including questions over pleading standards, the correct obviousness test to apply in patent disputes, whether Americans with Disabilities Act retaliation plaintiffs are entitled to jury trials, and how the government should prosecute spoofing.

  • January 25, 2024

    Wash. Justices Spare Homeowners From Lakeshore Eviction

    The Washington State Supreme Court on Thursday said a group of homeowners are the legal owners of shoreline where they built boat docks and decks, rejecting a county government's argument that it controlled the lakeshore linked to a county recreational trail under a 19th-century federal railroad right-of-way law.

  • January 25, 2024

    Lawmakers Push Back On Biden's Support For TRIPS Waiver

    A bipartisan group of federal lawmakers on Thursday said the Biden administration shouldn't endorse an expanded deal from years ago at the World Trade Organization that created an emergency COVID-19-related carve-out for patent rights.

  • January 25, 2024

    9th Circ. Urged To Affirm Pause On Idaho Abortion Travel Ban

    States including Washington, Arizona and California have urged the Ninth Circuit to affirm a lower court's temporary pause on an Idaho law making it a criminal offense to help minors travel out of state to receive abortions, calling it an "unconstitutional regime" that doesn't square with U.S. Supreme Court precedent.

  • January 25, 2024

    Seattle Settles BLM Protesters' Police Brutality Suit For $10M

    The city of Seattle has agreed to a $10 million settlement to end a lawsuit brought by more than 50 protesters who say they were brutalized by its police force during Black Lives Matter demonstrations in the summer of 2020.

  • January 25, 2024

    Feds Say Contractor Overcharged DOE Thousands Of Hours

    The federal government has taken up a whistleblower's claims that the primary mission support contractor for the decommissioned Hanford nuclear site overcharged the U.S. Department of Energy for tens of thousands of unworked hours on a $4 billion contract.

  • January 25, 2024

    States, Industry Back Feds' Land Swap Fight At 9th Circ.

    The states of Idaho and Utah, the U.S. Chamber of Commerce and the National Mining Association have joined the federal government in urging the Ninth Circuit to overturn a lower court ruling in favor of the Shoshone-Bannock Tribes' challenge to a land transfer intended for the expansion of a fertilizer plant.

  • January 25, 2024

    Wash. Justice Doubts Legislative Contradiction In Wage Suit

    Washington Supreme Court justices challenged an argument Thursday that an updated prevailing wage law for public works projects is unconstitutional because it conflicts with a previous law dictating how the wage is determined, with one justice saying they should not assume that the Legislature "meant to contradict itself."

  • January 25, 2024

    9th Circ. Backs Swift Removal Even Without Entry Application

    The Ninth Circuit has backed the swift deportation of a Mexican citizen who unlawfully entered the U.S. three times, rejecting his contention that he couldn't be deemed inadmissible to the U.S. for expedited removal purposes because he never applied for admission.

  • January 25, 2024

    FTC Launches Probe Of Big Tech Investments In AI

    The Federal Trade Commission said Thursday that enforcers have requested information from Google, Amazon, Microsoft and others about recent investments and partnerships involving generative artificial intelligence and cloud services to understand their impact on competition.

  • January 25, 2024

    PLS Settles Antitrust Dispute With Multiple Defendants

    PLS.com has settled with multiple parties in an antitrust suit, although the deal does not apply to the National Association of Realtors, one of the defendants in the case, according to a California federal court filing.

  • January 24, 2024

    Amazon, Twitch Say Video Patent Is 'Nothing New' And Invalid

    Online retail giant Amazon and its streaming platform unit Twitch urged a California federal judge during a hearing Wednesday to toss a patent infringement suit brought against them over video streaming technology, saying the patent-at-issue is invalid because there is "nothing special, nothing new" about the claimed invention.

  • January 24, 2024

    J&J Agrees To $150M Deal Ending Wash. Opioid Litigation

    Johnson & Johnson will pay almost $150 million to end Washington's lawsuit accusing it of pushing opioid painkillers and understating the risk of addiction, according to a settlement filed in state court on Wednesday, adding to the tally of states that have gotten a payout from the pharmaceutical giant for its alleged role in the opioid epidemic. 

  • January 24, 2024

    Bid To Swap Chevron For An Old Standby Raises Doubts

    Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.

  • January 24, 2024

    Google, Microsoft Get PTAB To Invalidate Computer Recovery IP

    The Patent Trial and Appeal Board has agreed with Google and Microsoft that all the challenged claims of an inventor's patents on technology for recovering stolen computers are invalid as obvious.

  • January 24, 2024

    Boeing Seeks Quick Exit From Suit Over Love-Triangle Murder

    Boeing urged a Washington federal judge Tuesday to toss a suit accusing the company of negligently failing to act after learning of a love-triangle drama between employees that ended in murder, saying it couldn't have foreseen that the killer intended to harm anyone other than himself.

  • January 24, 2024

    Wash. Judges Worry Abuse Tort Could 'Open Floodgates'

    Washington appellate court judges expressed reservations Wednesday about recognizing domestic violence as an ongoing tort in a woman's suit accusing a former National Football League player of abuse, with one judge saying the move could give divorce attorneys a tool they would misuse in contentious cases.

  • January 23, 2024

    Wash. Consumers Say Timeshare Deal Can't Prevent New Suit

    A proposed consumer class seeking refunds from a timeshare-exit company tied to financial planning celebrity Dave Ramsey and his marketing firm has asked a Washington federal judge to deny the firm's bid to escape the action, saying a settlement in another case doesn't prevent the plaintiffs from suing.

  • January 23, 2024

    Wash. Justices Scrutinize Arb. Award's Role In Future Suits

    Washington State Supreme Court justices on Tuesday questioned a beleaguered developer's insistence that a trial judge should not have confirmed an $11.5 million arbitration award against it since it has already paid the money, saying the details of the award might have value in continued litigation between the developer and its lender.

  • January 23, 2024

    Wash. AG Seeks Toss Of Clinics' 'Abortion Pill Reversal' Case

    A network of anti-abortion medical clinics has failed to show that Washington state is chilling its speech by investigating its promotion of a process it says counters medication abortions, the state's attorney general argued in a dismissal motion calling its lawsuit "a case in search of a controversy."

  • January 23, 2024

    Insurer Tells Wash. High Court No Coverage For Faulty Roof

    Farmers Insurance Exchange told the Washington Supreme Court on Tuesday that a "resulting loss exception" to a defective work exclusion in a condominium complex policy should not allow it to recover for condensation damage to its roof resulting from inadequate ventilation.

  • January 23, 2024

    Feds Overstepped Warrant In Deposit Box Raid, 9th Circ. Says

    The Fourth Amendment rights of a group of safe deposit box customers were violated when the FBI "inventoried" 700 boxes at a California company it was investigating, the Ninth Circuit ruled Tuesday, saying the government overstepped the bounds of the warrant, which didn't authorize a seizure of box contents.

  • January 23, 2024

    Trans Health Class Win Stayed For Insurer's 9th Circ. Appeal

    A Washington federal court entered judgment in favor of a certified class of transgender health plan participants who alleged that Blue Cross Blue Shield of Illinois discriminated against them by denying gender-affirming care. However, the judge agreed to stay the ruling pending the outcome of an appeal to the Ninth Circuit.

Expert Analysis

  • 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.

  • Calif., Wash. Rest Break Waivers: What Carriers Must Know

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    The Federal Motor Carrier Safety Administration's recent invitation for petitions to waive its rules on meal and rest breaks for commercial drivers in California and Washington is an unusual move, and the agency's own guidance seems to acknowledge that its plan may face legal challenges, says Jessica Scott at Wheeler Trigg.

  • How Taxpayers Can Prep As Justices Weigh Repatriation Tax

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    The U.S. Supreme Court might strike down the 2017 federal tax overhaul's corporate repatriation tax in Moore v. U.S., so taxpayers should file protective tax refund claims before the case is decided and repatriate previously taxed earnings that could become entangled in dubious potential Section 965 refunds, say Jenny Austin and Gary Wilcox at Mayer Brown.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Retailers Face Compliance Issues As PFAS Regulations Grow

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    As per- and polyfluoroalkyl substance legislation, and the potential for litigation, continues to evolve and spread nationally, retailers should focus on supply chain management, inventory audits and maintaining strong internal standard operating procedures as a way to manage compliance and minimize risk, say attorneys at Dentons.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • 9th Circ. Ruling Shows Int'l Arbitration Jurisdictional Snags

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    While the Ninth Circuit sidestepped the thorny and undecided constitutional question of whether a foreign state is a person for the purposes of a due process analysis, its Devas v. Antrix opinion provides important guidance to parties seeking to enforce an arbitration award against a foreign sovereign in the U.S., say attorneys at Wiley.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

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