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April 10, 2025
IP Forecast: Novartis' Entresto Fight Heads To DC Circ.
Novartis will go before the D.C. Circuit next week in the latest legal front in the drug giant's battle to stop generic versions of its blockbuster heart failure drug Entresto. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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April 10, 2025
Jury To Hear Judge Had 48 Guns In Retrial Over Shooting Wife
Jurors in the upcoming retrial of a California jurist accused of murdering his wife while intoxicated can hear that he had 48 firearms and thousands of ammunition rounds in his home, after the presiding judge ruled Thursday it was relevant to show he committed an intentional act he knew was inherently dangerous.
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April 10, 2025
9th Circ. Remands Challenge To Biden-Era Asylum Limits
The Ninth Circuit on Thursday remanded a district court's 2023 vacatur of a Biden-era rule placing limits on asylum so that the lower court can address legal developments, but one circuit judge asserted that the remand was the latest move in an "ongoing game of Supreme Court keep-away."
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April 10, 2025
9th Circ. Open To Sending Invisalign Antitrust Suit To Trial
Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.
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April 10, 2025
Netchoice Wants New Calif. Online Marketplace Law Blocked
Big Tech trade group Netchoice LLC has asked a California federal court to block a new Golden State law requiring online marketplaces to collect information from third-party sellers and report those selling stolen goods, claiming the "onerous" measure will "impose unprecedented and unconstitutional burdens on widely used online services."
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April 10, 2025
Calif. Centers Used 'Body Brokers' In $10M Scam, BCBS Says
Blue Cross Blue Shield of Oklahoma slammed two California recovery centers and their owners with a lawsuit Thursday, alleging they spearheaded a $10 million kickback scheme to employ "body brokers" to find Indigenous patients for substance treatment facilities where they went to appalling lengths to stop them from leaving.
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April 10, 2025
Online Advertising Co. Is Sued Over Use Of Tracking Cookies
Digital advertising firm PubMatic Inc. engaged in vast and unauthorized tracking of the online lives of "hundreds of millions of Americans," which it later shared and sold to third parties, violating state and federal privacy laws, according to a proposed class action filed in California federal court.
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April 10, 2025
Calif. Rep's Bill Would Shield Farmers From Retaliatory Tariffs
A California congressman on Thursday introduced a bill in the U.S. House aiming to curb the authority of President Donald Trump to impose new or additional duties on agricultural products from countries that are major agricultural trade partners with the United States.
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April 10, 2025
Pa. Family Blames Fatal House Fire On Prosthetic Arm Battery
The surviving family members of a house fire that killed two people are suing prosthesis manufacturers Liberating Technologies Inc. and Ossur Americas Inc. and related companies in Pennsylvania state court, claiming the battery in a prosthetic arm that was being charged during the night started the fire.
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April 10, 2025
Soulja Boy's Ex-Assistant Wins $4.25M At Trial Over Abuse
A jury in California state court held Thursday that the rapper known as Soulja Boy must pay $4.25 million for physically and sexually abusing his live-in personal assistant for nearly two years, according to the plaintiff's counsel.
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April 10, 2025
Oracle Wins Bid To Keep Trade Secret Case Out Of Arbitration
Oracle doesn't have to arbitrate its trade secret case against a former employee accused of absconding to a rival with confidential information related to enterprise resource planning applications, after a California federal judge said Wednesday he signed a proprietary information contract that says such issues could be litigated in court.
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April 10, 2025
Israel's NSO Faces April Damages Trial For WhatsApp Hacking
A California federal judge on Thursday nailed down details of an April 28 jury trial to determine the amount of damages Israeli spyware-maker NSO Group owes Meta for hacking into 1,400 WhatsApp users' devices, refusing to seal the proceedings and expressing frustration at the amount of discovery withheld by the parties, particularly NSO.
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April 10, 2025
Fairplay Urges FTC To Investigate Meta Over Kids' VR Privacy
A nonprofit organization that works to curb child-targeted marketing asked the Federal Trade Commission on Thursday to look into whether Meta Platforms is violating the Children's Online Privacy Protection Act by allowing kids under the age of 13 to access its "Horizon Worlds" virtual reality platform and collecting their personal information.
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April 10, 2025
Texas Group Seeks Halt Of Trump Admin Border Cash Order
A Texas trade group has urged a federal judge to immediately block the Trump administration's order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, saying the order is unjustified and discriminates against businesses that serve predominately Latino immigrant communities.
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April 10, 2025
Manufacturer Says Insurers Owe $3.4M For Warehouse Theft
An anime merchandise manufacturer is seeking to recover over $3.4 million from its insurers for business personal property and business income that was lost after its warehouse was robbed, telling a California federal court that a majority of its claim hasn't been paid.
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April 10, 2025
NSO Hack Needed Apple's Calif. Servers, Foreign Journos Say
Counsel for a group of El Salvador-based journalists urged the Ninth Circuit on Thursday to revive a lawsuit accusing Israeli spyware maker NSO Group of hacking their iPhones, saying the case belongs in California federal court because the alleged attacks relied on Apple's servers within the Golden State.
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April 10, 2025
Live Nation Cites Amazon's Win In Urging Nix Of Antitrust Suit
An attorney for Live Nation Entertainment and Ticketmaster urged a California federal judge Thursday to rethink his tentative opinion to keep alive an antitrust case alleging monopolization of the concert ticketing market, saying the judge did not consider a recent Ninth Circuit decision in favor of Amazon that "maps 100%" to the case.
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April 10, 2025
Holmes Seeks Full 9th Circ. Review Of Theranos Fraud Appeal
Convicted Theranos Inc. founder Elizabeth Holmes has asked the Ninth Circuit for en banc review of a panel's decision to affirm her criminal fraud conviction and 11-year prison sentence, saying problems with the opinion included a "time-warping relevance theory."
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April 10, 2025
Mint Mobile Secretly Records Customer Calls, Suit Says
Mint Mobile "routinely and intentionally" records conversations on its customer service line without notifying callers, according to a proposed class action moved to California federal court Wednesday.
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April 10, 2025
Ex-EBay Execs Want To Question Key Stalking Case Witness
Three former eBay executives facing claims they helped direct a campaign to harass bloggers critical of the company have told a Massachusetts federal judge they want to question a key witness about his past role as an undercover government agent.
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April 10, 2025
DEA Ignored Subpoenas In Criminal Case, Suit Alleges
A pair of defendants in a pending state court criminal case in San Diego County have asked a California federal judge to compel the U.S. Drug Enforcement Administration to direct two of its agents to testify in that matter, alleging the agency has violated the law by ignoring subpoenas.
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April 10, 2025
Consumer Wants Steam Award Axed, Says Arbitrator Used AI
A consumer has asked a California federal court to vacate an arbitral award issued in favor of Valve Corp., the company behind the PC game marketplace Steam, accusing the case's arbitrator of improperly relying on artificial intelligence.
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April 09, 2025
OpenAI Countersues Musk For 'Relentless' Harassment
OpenAI on Wednesday lodged a countersuit to Elon Musk's lawsuit accusing the ChatGPT maker of abandoning its nonprofit mission, urging a California federal court to stop the billionaire from continuing an alleged "harassment campaign" aimed at impeding its success.
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April 09, 2025
Media Matters' Delay Irks Judge In X 'Libel Tourism' Case
The California federal judge overseeing X Corp.'s lawsuit alleging Media Matters for America drove advertisers from its platform blasted the defendant on Wednesday for waiting over a year before seeking to enforce a forum selection clause in X's terms of service requiring disputes be litigated in San Francisco.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
Expert Analysis
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What 2024 Tells Us About Calif. Health Transaction Reviews
Looking back at the California Office of Health Care Affordability's first year accepting notices for material healthcare transactions reveals critical lessons on what the OHCA's review process may mean for the future of covered transactions in the state, say attorneys at Ropes & Gray.
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Celebs' Suits Show Limits Of Calif. Anti-SLAPP Laws
Two recent cases including Amanda Ghost v. Rebel Wilson and Leviss v. Sandoval highlight the delicate balancing act courts must perform in weighing free speech against privacy and reputational harm under California's robust anti-strategic lawsuit against public participation laws, say attorneys at Nixon Peabody.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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4 Novel Issues From The Blake Lively, Justin Baldoni Suits
A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.
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Trump, Tariffs And Tech: The Right To Repair In 2025
The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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2 Cases May Enlighten UK Funds' Securities Litigation Path
Following recent nine-figure settlements in securities class actions against Apple and Under Armour, U.K. pension funds may increasingly lead U.S. shareholder derivative suits, advocating for transparency, better risk management and stronger governance practices, say lawyers at Labaton Keller.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Lessons From United's Axed Win In Firing Over Online Pics
In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.