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November 21, 2025
Ex-DOGE Atty Tapped As GC Of Elon Musk's AI Startup
James Burnham has been named general counsel for Elon Musk's artificial intelligence startup company, xAI, after spending six months working as the top legal officer for the Trump administration's Department of Government Efficiency.
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November 21, 2025
Honda Must Face Lawsuit Over Alleged Brake Defects
A California federal judge on Thursday preserved some claims from a proposed class action alleging that the automatic emergency braking system in some Honda Motor Co. models is unsafe, finding that drivers who leased a vehicle didn't have full access to the manual.
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November 21, 2025
IP Notebook: Kahwa Mix-Up, WallStreetBets, Hotel California
This round of Law360's look at emerging copyright and trademark issues includes a Federal Circuit case over an obscure tea drink and a nod to the Eagles' "Hotel California" in a precedential decision that is a primer on having an actual intent to use a trademark.
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November 21, 2025
FCC Revokes Calif.'s Direct Oversight Of Lifeline Program
California will no longer be allowed to use its own process to verify eligibility for the Lifeline program after the FCC stripped it of the privilege, which has only been extended to two other states, claiming a recently passed California law will make the state's process unreliable.
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November 21, 2025
Real Estate Recap: REIT Reporting, Defining Water
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions from real estate attorneys in two areas primed for deregulation.
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November 21, 2025
OpenAI Tells 9th Circ. TM Injunction Is 'Based On Guesses'
OpenAI Inc. urged the Ninth Circuit on Friday to scrap a preliminary injunction won by IYO Inc. which blocks OpenAI from using the trademark associated with acquired competitor IO Products Inc., arguing there is no evidence that IYO faces irreparable harm and the injunction is "based on guesses" about OpenAI's future products.
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November 21, 2025
MGA Can Take IP Fight Over Dolls To 9th Circ. Before Retrial
A California federal judge on Thursday allowed toy giant MGA Entertainment Inc. to ask the Ninth Circuit if a judge or jury should consider whether hip hop moguls Clifford and Tameka Harris are entitled to punitive damages in long-running litigation over the alleged use of their intellectual property in an MGA line of dolls.
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November 21, 2025
Tesla's Runaway Acceleration Led To Fatal Crash, Suit Says
A Tesla Model 3 accelerated on its own, crashing into a utility pole and exploding into an inferno that killed a Washington woman and left her husband with serious injuries, according to a lawsuit filed on Friday in federal court.
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November 21, 2025
Kalshi-Type Cos. Flout Laws, Calif. Tribe Org. Tells CFTC Nom
The California Nations Indian Gaming Association on Friday called on U.S. Commodity Futures Trading Commission head nominee Michael Selig to shut down sports events contracts on prediction platforms like Kalshi, saying platforms are "exploiting a regulatory vacuum" to violate federal, state and tribal laws and the commission's own regulations.
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November 21, 2025
Electric Air Taxi Co. Joby Says Rival Stole Trade Secrets
Joby Aviation has accused rival electric air-taxi company Archer Aviation Inc. of recruiting one of Joby's senior executives who pilfered Joby's trade secrets, which Archer then used to gain leverage in negotiations with a development partner on a lucrative deal, according to a new California state court complaint.
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November 21, 2025
Nextdoor Beats Investor Suit Over Post-SPAC Woes For Good
A California federal judge has permanently dismissed a shareholder class action alleging hyperlocal social networking service Nextdoor Holdings Inc. misled investors about its projected profitability when combining with a special purpose acquisition company, finding the investors failed to cure issues from a previous complaint.
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November 21, 2025
3 Firms Guide American Healthcare REIT's Public Offering
American Healthcare REIT Inc., guided by Sidley Austin LLP, announced a public offering for 8.1 million of its common stock shares, which are underwritten by Paul Hastings LLP-led RBC Capital Markets in a deal partially guided by Venable LLP, according to a U.S. Securities and Exchange Commission filing.
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November 21, 2025
Writers Accuse Databricks Of Deposition Misconduct In AI Suit
Writers suing Databricks for allegedly using their copyrighted works for artificial intelligence training have urged a California federal judge to order defense attorneys to stop coaching witnesses during depositions, with defense counsel countering that the court should bar plaintiffs from asking "personally invasive and harassing" questions.
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November 21, 2025
Worker Says Morgan & Morgan Fired Her Over Fraud Concern
Injury law firm Morgan & Morgan PA fired a case manager after she voiced a concern about fraudulent client hospital records she said the firm gave to opposing counsel to snag more favorable settlements and failed to pay overtime, according to a suit in California state court.
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November 21, 2025
DOJ Says Calif. Tuition Laws Discriminate Against US Citizens
The U.S. Department of Justice sued the state of California in federal court Thursday over laws that offer in-state tuition, loans, scholarships and other benefits to college students lacking legal U.S. residency, arguing these laws are unconstitutional since they're not available to U.S. citizens who are from out-of-state.
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November 21, 2025
Calif. Parks Dept. Violated ESA, Judge Rules In Bird Case
The California Department of Parks and Recreation is violating the Endangered Species Act by allowing vehicles on a beach that's home to threatened snowy plovers, resulting in injury and death to the shorebirds and loss of habitat, a federal judge ruled.
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November 21, 2025
Trump Admin Says Court Can't Second-Guess Revoked Visas
The Trump administration on Friday told a California federal judge that he has no authority to review the State Department's decision to revoke the visas of three international students who say they were wrongly targeted after their names showed up in a crime database, saying the authorizing statute bars judicial review.
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November 21, 2025
DLA Piper Adds Fenwick Emerging Growth, VC Expert In LA
DLA Piper is boosting its corporate team, bringing in a Fenwick & West LLP venture capital ace as a partner in its Los Angeles office.
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November 21, 2025
Atty Had 6 AI Tools Check Each Other, Yet Fakes Still Cited
A California federal judge has sanctioned a solo practitioner representing the plaintiffs in a proposed wage and hour class action against clothing brand Vuori Inc. after he admitted to using about a half-dozen artificial intelligence tools to prepare a motion.
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November 21, 2025
Red Cross Workers' $3.5M Wage Deal Halted Again
A $3.5 million deal to end a proposed wage and hour class action against the American Red Cross can't move forward because the worker who lodged the suit did not fix certain issues a California federal judge pointed out, the judge ruled.
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November 21, 2025
9th Circ. Shuts Down Northern Mariana Retiree's COLA Claim
The Ninth Circuit rejected a retiree's claim that a retirement fund for Northern Mariana Islands government employees owed her cost of living adjustments in her benefits, backing a ruling that a law promising COLAs to retirees doesn't extend to her.
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November 20, 2025
Renewed Federal Push To Block State AI Laws Faces Backlash
The Trump administration is pushing to revive a failed effort to stop states from regulating artificial intelligence systems, drawing opposition from California's data privacy regulator, consumer advocates and others that argue it's crucial for states to retain their ability to put guardrails on the emerging technology in the wake of continued federal inaction.
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November 20, 2025
Invisalign-Maker's Sweetened $32M Antitrust Payout OK'd
A California federal judge who previously rejected Invisalign-maker Align Technology's $27.5 million antitrust deal with SmileDirectClub buyers because it included a coupon program said Thursday he will approve a revised deal, which provides for an all-cash $31.75 million payout.
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November 20, 2025
Roblox Can't Get Teen Grooming Suit Arbitrated
A California state judge said Roblox couldn't compel a minor to arbitrate his claims that he was targeted and exploited by a sexual predator on the online gaming platform, saying that a recent federal law aimed at ending forced arbitration in sexual assault and harassment cases isn't limited to workplaces.
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November 20, 2025
X Corp. Ends $90M Fee Suit Against Wachtell
X Corp. has ended its California state lawsuit against Wachtell Lipton Rosen & Katz over $90 million in legal fees tied to the fight over Elon Musk's purchase of Twitter, according to a court filing.
Expert Analysis
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
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NY Bill Would Complicate Labor Law Amid NLRB Uncertainty
The New York Legislature passed a bill that, if enacted, would grant state agencies the power to enforce federal labor law, potentially causing significant challenges for employers as they could be subject to both state and federal regulators depending on the National Labor Relations Board's operational status, say attorneys at Sheppard Mullin.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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A Look At New Calif. Cybersecurity, Risk Assessment Rules
The California Privacy Protection Agency Board recently finalized regulations related to automated decision-making technology, cybersecurity audits and risk assessments that establish additional requirements on businesses operating in California, and although these new rules are less onerous than some of the draft rules, compliance may still require substantial planning and updates, say attorneys at Morgan Lewis.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Opinion
Sometimes Int'l Competition Should Trump Antitrust Concerns
The U.S. Justice Department's approval of HPE's $14 billion acquisition of Juniper Networks shows that a merger that significantly enhances innovation and competitiveness may serve consumer and national interests despite marginally increasing industry concentration, says John Reeves at Reeves Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.