The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.
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Calif. Justices Rule Prop 22 Is Constitutional

By Max Kutner

The California Supreme Court on Thursday upheld the Proposition 22 statewide ballot measure from 2020 that exempts certain app-based drivers from the state's independent contractor classification law, a ruling that could have widespread consequences for the gig economy and driver litigation.

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6th Circ. Asks Union If Steel Co. Must Pay 'Double' Benefits

By Carolyn Muyskens

During oral arguments Thursday in a "messy, complex" union fringe benefits dispute, a Sixth Circuit panel questioned whether ruling for a union pension fund would require a steel contractor to pay benefits twice for out-of-state workers. 

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Manufacturer Dodges Workers' 401(k) Fee Suit, For Now

By Emmy Freedman

An Illinois federal judge threw out two workers' lawsuit accusing a manufacturing company of saddling its $1.6 billion retirement plan with excessive recordkeeping and administrative fees, but left the door open for them to revise their complaint.

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New Tree Co. Owners Can't Lodge Suit Over Defunct ESOP

By Patrick Hoff

Alerus Financial NA defeated a lawsuit claiming it unlawfully let the former owners of a tree care company take a large portion of the business's $34 million sale price, with a California federal judge saying the new owners can't sue on behalf of a defunct employee stock ownership plan.

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POLICY & REGULATION

Warren Slams Fed Chief For Inaction On Bank Exec Pay

By Kellie Mejdrich

Sen. Elizabeth Warren, D-Mass., urged the Federal Reserve's top official to support rulemaking that would restrict incentive-based pay for executives at big banks, a long-overdue policy change that Congress required in the 2010 Dodd-Frank Act.

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LITIGATION

Vanguard Opposes Investors' Cert. Bid In Tax Liability Suit

By Anna Scott Farrell

A group of investors accusing Vanguard of violating its fiduciary duties by triggering a sell-off of assets that left smaller investors with massive tax bills shouldn't be granted class certification, the asset manager told a Pennsylvania federal court.

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BANKRUPTCY

Vintage Wine Estates Can Tap Into $60.5M DIP Financing

By Vince Sullivan

Bankrupt wine producer and processor Vintage Wine Estates received permission Thursday from a Delaware bankruptcy judge to begin borrowing under a $60.5 million debtor-in-possession financing package being provided by its prepetition lenders.

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LEGAL INDUSTRY

Analysis

How Being A Female Litigator May Aid Harris' Presidential Bid

By Aebra Coe

Female litigators regularly confront implicit biases and double standards when it comes to "their appearance, voice, attire, demeanor and their advocacy," according to the author of an American Bar Foundation research report on first chair trial lawyers.

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'Terrible Decisions': Ex-McElroy Deutsch CFO Gets 5 Years

By Carla Baranauckas

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer was sentenced Friday in a New Jersey state court to five years in prison and ordered to pay restitution for embezzling more than $1.5 million from the firm and failing to pay income tax.

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Analysis

How Barrett Became The High Court's Justice To Watch

By Katie Buehler

Justice Amy Coney Barrett has revealed a unique trifecta of caution toward overly broad opinions, devotion to the factual record and concern for the practical effects of court rulings that separates her from the other right-leaning justices and contains the potential to broker more moderate rulings in future terms.

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Cadwalader Suing Lloyd's Over Cyberattack Coverage Denial

By Lynn LaRowe

Cadwalader Wickersham & Taft LLP has filed suit against insurer Lloyd's of London in North Carolina state court, alleging the company has failed to reimburse the law firm for expenses related to a November 2022 data breach.

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Attys Face Sanctions For Fake Citations In Whistleblower Suit

By Rachel Rippetoe

A Virginia federal judge has asked lawyers representing a plaintiff in a whistleblower case to defend why they should not be sanctioned for including seemingly fabricated case sources in a brief objecting to a protective order, questioning whether it was a case of "ChatGPT run amok."

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Ex-Thompson Hine Atty Says Firm Can't Oppose NY Jurisdiction

By Xiumei Dong

Former Thompson Hine LLP income partner Rebecca Brazzano fired back at efforts by two firm partners to dismiss her lawsuit alleging sexual harassment, contending among other arguments that they waived their right to contest personal jurisdiction by filing another motion that attempts to force arbitration that didn't raise the jurisdiction issue.

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Cuomo Harassment Document Fight Heads To NY Appeals Court

By Rachel Scharf

A Manhattan judge on Friday allowed both the New York attorney general and former Gov. Andrew Cuomo to appeal parts of a decision requiring the state to produce unredacted transcripts of some witness interviews in the sexual harassment investigation that led to Cuomo's resignation.

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Rutgers Fights Contempt Bid By Student Who Filed Bias Suit

By Rose Krebs

Rutgers University wants a New Jersey state court to reject a bid by a law school student who filed a discrimination suit against it to hold the school in contempt for moving ahead with disciplinary measures against him, arguing there is "no basis" to grant the request.

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Law360's Legal Lions Of The Week

By Kevin Penton

Boyden Gray PLLC leads this week's edition of Law360 Legal Lions, after the full Fifth Circuit struck down as unconstitutional the Federal Communications Commission's system for subsidizing telecommunications service for rural and low-income users.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

What a news week! President Joe Biden started it off by announcing he would not seek re-election, but then said he would push for reform of the U.S. Supreme Court in his remaining time. And the Boeing Co. confirmed it has finalized its agreement with federal prosecutors to plead guilty to one count of criminal conspiracy to defraud, related to safety issues and two fatal plane crashes.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.

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Assa Abloy Resolves DOJ Merger Monitor Dispute

By Bryan Koenig

Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.

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Georgia Judge Won't Block Prosecutor Oversight Commission

By Kelcey Caulder

A Georgia judge has rejected an attempt to temporarily block a new state commission created to investigate and discipline state prosecutors, finding it doesn't violate Georgia's constitution.

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SEC Sues Banker And Ex-Prosecutor Alleging $1.6M Fraud

By Rae Ann Varona

A Georgia banker fraudulently bilked approximately $1.6 million from unsuspecting investors for "furs and furniture" and other expenses while a former Florida prosecutor ignored several red flags when holding on to the investments, the U.S. Securities and Exchange Commission told a Georgia federal court.

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Colorado's New Chief Justice Sworn In

By Daniel Ducassi

Chief Justice Monica M. Márquez started her three-year term leading the Colorado Supreme Court on Friday after being sworn in during a closed-door ceremony.

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Girardi Can't Show Ex-CFO's Spending Habits In Fraud Trial

By Gina Kim

Jurors in Tom Girardi's upcoming fraud trial won't hear details about the spending habits of Girardi Keese's former CFO, who's accused of a "side fraud" that bilked millions without Girardi's knowledge, after a California federal judge agreed with prosecutors Friday that the evidence appears more prejudicial than probative.

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Hunter Biden's Attys Made 'False Statements,' Judge Says

By Bonnie Eslinger

The California federal judge overseeing Hunter Biden's criminal tax trial threatened to sanction the presidential son's lawyers Wednesday, saying they made "false statements" in a motion to dismiss that cited a Florida federal judge's order disqualifying the special prosecutor in Donald Trump's classified documents case.

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LAW FIRMS IN TODAY'S NEWS

AMD Solicitors

Altshuler Berzon

Archer & Greiner

Arnold & Porter

Baker Botts

Bird & Bird

Boyden Gray

Brothers Smith

Brown Gee & Wenger

Bruce P. Brown Law

Bryan Cave

Cadwalader Wickersham

Cleary Gottlieb

DLA Piper

Debevoise & Plimpton

Dovel & Luner

Faegre Drinker

Figari & Davenport

Geragos & Geragos

Gibbons PC

Girardi & Keese

Glavin PLLC

Goodwin Procter

Groom Law Group

Hausfeld LLP

Haynes & Boone

Hessian & McKasy

Hill Dickinson

Hogan Lovells

Hunton Andrews

Javerbaum Wurgaft

Jones Day

Kirkland & Ellis

Kopelowitz Ostrow

Kramer Levin

Loeb & Loeb

Mazie Slater

McElroy Deutsch

McGuireWoods

Mishcon de Reya

Morgan Lewis

Nielsen Merksamer

O'Melveny & Myers

Olson Remcho

Orrick Herrington

Parker Young

Paul Weiss

Penningtons Manches

Reynolds Porter

Richards Layton

Robbins Alloy

Robinson Bradshaw

Shakespeare Martineau

Shartsis Friese

Sheppard Mullin

Sher Tremonte

Simmons & Simmons

Stewarts Law LLP

Thompson Hine

Troutman Pepper

Varnum LLP

Wagner Law Group PC

Walcheske & Luzi

Ward & Berry

Wedlake Bell

Welsh & Recker

Wheeler Trigg

Winston & Strawn

Wordley Partnership

COMPANIES IN TODAY'S NEWS

Allergan PLC

Amazon.com Inc.

American Bar Association

American Bar Foundation

Assa Abloy AB

Bank of America Corp.

Chevron Corp.

Consolidated Edison Inc.

Delta Air Lines Inc.

Dover Corp.

First Republic Bank

Ford Motor Co.

Forest Laboratories Inc.

Fortune Brands Home & Security Inc.

George Washington University

Government Accountability Project

Grant Thornton LLP

HSBC Holdings PLC

LinkedIn Corp.

MasterCard Inc.

McKesson Corp.

National Association for Law Placement Inc.

Natural Resources Defense Council

OPW Fueling Components Inc.

Omnitracs LLC

QUALCOMM Inc.

Regeneron Pharmaceuticals Inc.

SVB Financial Group

Service Employees International Union

Southwestern Law School

Spectrum Brands Inc.

Spectrum Management Holding Co.

The Boeing Co.

The Metropolitan Museum of Art

United Therapeutics Corp.

Vintage Wine Estates Inc.

WNS (Holdings) Limited

Warner/Chappell Music Inc.

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Colorado Supreme Court

Companies House

Consumer Financial Protection Bureau

Equal Employment Opportunity Commission

Federal Communications Commission

Federal Deposit Insurance Corp.

Federal Reserve System

Financial Conduct Authority

Georgia Supreme Court

National Crime Agency

New York State Police

Office of the Comptroller of the Currency

Port of Seattle

Superior Court of Fulton County

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Delaware

U.S. Bankruptcy Court for the District of Delaware

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of State

U.S. Department of Transportation

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Virginia

U.S. Environmental Protection Agency

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the Northern District of West Virginia