9th Circ. Open To Reviving FCRA Suit Against Wells Fargo

By Dorothy Atkins

A Ninth Circuit panel appeared open Monday to reviving a proposed class action alleging Wells Fargo violated the Fair Credit Reporting Act by pulling credit reports after fraudsters opened illegitimate accounts, with one judge expressing concerns the dismissal was "jumping the gun" and another judge criticizing the ruling as ambiguous.

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Google Privacy Intervention Attempt 'Too Late,' 9th Circ. Says

By Craig Clough

The Ninth Circuit on Monday upheld a California federal judge's decision refusing to let a group of 185 Chrome users intervene in a privacy class action accusing Google of improperly collecting and misusing data from users browsing in Incognito mode, saying the proposed intervenors were "too little, too late."

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Video Privacy Law Covers All Consumers, Supreme Court Told

By Allison Grande

A Paramount Global newsletter subscriber is pushing the U.S. Supreme Court to refrain from limiting the reach of the Video Privacy Protection Act to only consumers that directly subscribe to audiovisual goods and services, arguing that such a narrow application would require a rewrite of the decades-old statute. 

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Analysis

Gov't Hopes Court Rescues FCC Fines. Here's What Amici Say

By Christopher Cole

A rare U.S. Supreme Court showdown between the Big Three wireless carriers and their regulator takes place Tuesday, when the justices will put the Federal Communications Commission's authority to issue fines under a microscope.

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NFT Buyer Says Ex-Software Biz Orchestrated Token Rug Pull

By Emilie Ruscoe

A purported blockchain technology platform faces proposed class action allegations it made millions off a so-called rug pull, introducing a series of nonfungible tokens and teasing a cryptocurrency offering that never materialized, then selling those tokens into the artificial market it created and abandoning the platform.

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Legal Tech Co. Sued Over Immigration Software Breach

By José Luis Martínez

Legal professional services software firm 8am LLC, owner of MyCase and formerly known as AffiniPay, has been sued in Texas federal court over a data breach exposing sensitive data of more than 100,000 people in the DocketWise immigration case management platform.

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Reddit Defends Data-Scraping Claims Against Perplexity

By Matthew Perlman

Reddit Inc. is defending its case accusing Perplexity AI Inc. and three data-scraping companies of circumventing security measures to access copyrighted content in order to train the artificial intelligence startup's "answer engine."

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Northwestern Escapes Event-Photos Biometric Suit, For Now

By Lauren Berg

An Illinois federal judge tossed a proposed class action alleging Northwestern University's photographers capture and collect without permission the biometrics of people attending its events and then share the sensitive data with the SpotMyPhotos platform, but will allow the plaintiff to rework his complaint to provide more detailed allegations.

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The Role Of Operational Data In Tech Platform Liability Suits

As litigation becomes a de facto substitute for the regulation of major technology platforms, with plaintiffs advancing claims under product liability, public nuisance and consumer protection laws, among others, courts are evaluating how platform systems operate in practice based on large-scale operational data, say attorneys at Brattle.

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Insurer Lessons From 1st Wave Of GenAI Coverage Rulings

Several pending cases target the issue of whether generative AI may appropriately replace human professional decision-making, and though each case is still in discovery, the decisions thus far provide insurers with guidance on how courts may view these claims, say attorneys at Simpson Thacher.

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Black McDermott Atty Says White Men Favored For Partner

By Lauren Berg

A Black female McDermott Will & Schulte attorney accused the firm of gender, race and pregnancy discrimination in a lawsuit lodged in California state court, saying she has been consistently bypassed for promotion by less-experienced white attorneys and was yanked off casework after taking medical leave following a life-threatening illness during pregnancy.

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'Kind Of Lawyering We Don't Like': Judge Rips Quinn Emanuel

By Bonnie Eslinger

Guardant Health Inc. urged a California federal judge on Monday to make Quinn Emanuel pay nearly $1.3 million on top of $3 million in sanctions already imposed over misrepresentations lawyers made representing its rival Natera Inc., prompting the judge to criticize Quinn Emanuel lawyers for making distinctions so fine they veer into misrepresentation.

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Q&A

She Has A Point: Fish & Richardson's Nitika Gupta Fiorella

By Dani Kass

Fish & Richardson PC principal Nitika Gupta Fiorella is "a no-stone-unturned, always super prepared" lawyer who "epitomizes professionalism and respect," according to Finnegan Henderson Farabow Garrett & Dunner LLP partner Cora Holt.

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Fox Lawyer In Dominion Case Confirmed To Texas Bench

By Courtney Bublé

The Senate voted 47-46 Monday evening to confirm Andrew Davis, a partner at Lehotsky Keller Cohn LLP who defended Fox News in the Dominion Voting Systems defamation case, to serve on the bench in the Western District of Texas.

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Justices Won't Consider IP Theft Allegations Against Akin

By Dani Kass

The U.S. Supreme Court on Monday rejected a former Cornell University graduate student's petition trying to revive his malpractice suit against Akin Gump Strauss Hauer & Feld LLP stemming from patent litigation against Illumina Inc. over DNA sequencing intellectual property.

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DC Ethics Office Says Ex-Interim US Atty Can't Remove Case

By Emily Sawicki

Washington, D.C., ethics officials have asked a federal court to send U.S. Department of Justice official Ed Martin's ethics case back to the D.C. Board on Professional Responsibility, arguing the D.C. federal court lacks jurisdiction over a disciplinary matter, which is neither a civil action nor a criminal prosecution.

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Ex-Newman Clerks, Judges Back High Court Suspension Fight

By Adam Lidgett

A group of former clerks for Federal Circuit Judge Pauline Newman, as well as former federal judges, have urged the U.S. Supreme Court to hear the challenge to her suspension imposed by her colleagues.

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Insurer Intentionally Avoiding $200M Loan Claim, Court Told

By Hope Patti

A litigation funding firm has accused its insurer of wrongfully refusing to pay out its policy's guaranteed $200 million in coverage for an unpaid loan, saying the insurer buried it in duplicative and burdensome information requests to avoid paying a valid claim.

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Judge Says Ill. Justices Can't Fire Him Over MAGA Op-Ed

By Jack Karp

Illinois Supreme Court justices have no authority to remove a state judge from the bench for alleged misconduct, so their effort to dismiss a retired state trial judge's claims that his removal for penning a political opinion column violated his constitutional rights should be rejected, the retired jurist has said.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court this past week delivered another mix of procedural rulings, fiduciary duty disputes and deal litigation, highlighting both the court's gatekeeping role and its continued focus on stockholder rights and transactional fairness.

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