Volunteer Exits Malicious Prosecution Suit Naming DLA Piper

By Craig Clough

A Los Angeles judge on Tuesday tossed a malicious prosecution claim against a former volunteer for Breaking Code Silence on free speech grounds, even as he called the broader case against DLA Piper and the nonprofit "stronger than most."

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Meta Can't Send Texas Sex Trafficking Case To Calif.

By Mike Curley

Meta Platforms Inc. can't get a sex trafficking case against it dismissed to be refiled in California court, a Texas appeals court ruled on Tuesday, finding the social media company waived its forum-selection clause by taking the case to Texas's highest court.

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Ex-Director Calls J&J Unit's Trade Secret Suit Retaliation

By George Woolston

A former associate director sued by a Johnson & Johnson subsidiary for allegedly misappropriating confidential information hit back with her own complaint, alleging the company's lawsuit is retaliation for reporting discriminatory and retaliatory conduct by her manager.

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Democrat Nathan Johnson Wins Race For Texas AG

By Spencer Brewer

Democratic candidate Nathan Johnson beat his Republican opponent in the race for Texas attorney general on Tuesday, according to the Associated Press. 

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Brief

Cruz Tees Up Hearing For 3rd FCC Republican

By Christopher Cole

U.S. Sen. Ted Cruz, R-Texas, on Tuesday announced a confirmation hearing next week for a third Republican nominee to the Federal Communications Commission.

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1st Circ. Won't Revive Sex Bias Suit Against Benefits Co.

By Patrick Hoff

The First Circuit refused to reinstate a lawsuit from a data architect who said a health benefits company fired her because she's a woman, saying she hadn't alleged that colleagues responsible for "stray" sexist comments played a role in her termination.

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How Cos. Using AI Agents Can Avoid Protected Data Incidents

For businesses whose deployed artificial intelligence agents could enter other companies' systems and steal protected data, deployers can take several steps before an incident to test the configured agent, such as limiting it to approved systems and destinations and requiring human escalation when tasks stall, says Steven Carlson at von Briesen & Roper.

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Courts Signal Higher FCRA Bar For Identity Theft Claims

Recent rulings adopting a heightened, "objectively and readily verifiable" inaccuracy standard may give credit furnishers stronger defenses to identity theft-related Fair Credit Reporting Act claims in the Ninth Circuit, while requiring them to continue documenting thorough dispute investigations, says Brian Kiolbasa at Ballard Spahr.

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10 Ways AI Labs Can Limit Antitrust Risks Of Safety Pacts

The OpenAI CEO’s recent call for artificial intelligence laboratories to collectively slow development to allow safety research to catch up invites antitrust scrutiny, but the risks to coordinating competitors can be managed by carefully structuring pacing agreements and layering their approach to compliance, say attorneys at Holland & Knight.

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Approach The Bench: Judge Wilson On Trial By Zoom

By Cara Bayles and Kelley Marcano

Before she became a state court judge in Washington, Judge Coreen Wilson worked as a trial attorney litigating hundreds of cases, including the country's first binding virtual civil jury trial during the early days of the COVID-19 pandemic.

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DOJ Says Trump Adviser Needn't Answer ABA Subpoenas Yet

By Jared Foretek

The U.S. Department of Justice is arguing that Trump attorney Boris Epshteyn shouldn't have to respond to subpoenas from the American Bar Association in its challenge to the Trump administration's campaign against law firms until the presiding judge rules on the administration's preexisting motion to quash them.

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Judge Questions Federal Role In Ed Martin Ethics Case

By Jared Foretek

A D.C. federal judge struggled Tuesday to see how he could preside over a state attorney ethics proceeding if U.S. pardon attorney Ed Martin gets his way and keeps the case in federal court, as the city's ethics board fought to have it sent back to state court.

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Brownstein Hyatt Faces Suit Over Flawed Cannabis Co. Deal

By Rachel Konieczny

A Colorado real estate developer and his company alleged that Brownstein Hyatt Farber Schreck LLP negligently drafted their settlement agreement in a dispute with members of cannabis dispensary chain Native Roots over a sale of the chain's entities, resulting in a roughly $100 million arbitration award against the developer's company.

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Texas Atty Seeks Release In Cyberstalking Case

By Lynn LaRowe

A Texas lawyer who is expected to plead guilty in a cyberstalking case involving BigLaw firm attorneys is asking a federal court to free her, saying circumstances are "materially different" because of mental health treatment she has received while behind bars.

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Adult Daycare Pushes To Revive Suit Against Fox Rothschild

By Rose Krebs

An adult daycare company is asking a New Jersey state court to undo the toss of its suit against Fox Rothschild LLP and one of its attorneys, saying the dismissal was in error because the business had sought more time to respond to a dismissal motion.

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Ashurst Perkins ICap Suit Stayed Amid Bankruptcy Fight

By Ben Adlin

A Washington state judge has agreed to freeze a lawsuit accusing law firm Ashurst Perkins Coie of aiding and abetting a nearly $230 million Ponzi scheme, ordering the King County Superior Court litigation be put on hold pending an outcome in a related bankruptcy dispute.

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Roundup

The Top In-House Hires Of October

By Michele Gorman

Legal department hires during the past month included high-profile appointments at Fox, Dell and LinkedIn. Here, Law360 Pulse looks at some of the top in-house announcements from October.

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