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June 24, 2025
Landmark Product Safety Conviction Faces 9th Circ. Appeal
A former Gree USA executive has appealed his conviction and 38-month prison sentence in the first-ever criminal prosecution of individuals under the Consumer Product Safety Act, according to a Tuesday filing in California federal court.
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June 24, 2025
Ex-Inmate's Debit Fee Class Action Cleared For Trial
A jury should decide if a former jail inmate was forced to accept a prepaid debit card and pay related fees when his money was returned to him upon release, a Washington federal magistrate judge said on Tuesday, advancing a class action against Central Bank of Kansas City.
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June 24, 2025
X Corp. Fights Ex-Twitter Workers' Arbitration Bid
X Corp. challenged a request from former Twitter employees in Washington state to make the social media giant arbitrate claims about unpaid severance and bonuses, telling a federal judge that there is a lack of evidence showing the workers have valid arbitration agreements with the company.
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June 24, 2025
NTSB Flags Boeing Failures In 737 Max 9 Door Plug Blowout
Poor training and persistent quality control lapses on Boeing's manufacturing and assembly lines, along with the Federal Aviation Administration's ineffective oversight of the plane-maker, led to the January 2024 door-plug blowout aboard a 737 Max 9 jet operated by Alaska Airlines, the National Transportation Safety Board said Tuesday.
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June 24, 2025
Medline Can't Get $2.4M Tax Incentive, Wash. Panel Affirms
Medline did not qualify for a $2.4 million remittance of sales tax paid toward the construction of a state warehouse, a Washington state appeals panel affirmed Tuesday, saying the medical supplier failed to show that it merited a key tax incentive.
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June 24, 2025
Sirius XM Fee Suit Undermined By Site Changes, Judge Hints
A Washington federal judge suggested Tuesday that a proposed class action in which consumers are accusing Sirius XM of charging a misleading "royalty fee" has potentially been undercut by the satellite radio provider's decision in 2024 to change disclosures on its website to reflect music plan pricing in lump sums.
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June 24, 2025
Apple Users Who Lost Cert. In Storage Suit File New Case
A group of Apple customers from New Jersey and Illinois who were denied class certification last year in a suit alleging the company falsely markets the storage capacity of 16-gigabyte iPhones and iPads preinstalled with the iOS 8 operating system filed a new proposed class action Monday in California federal court.
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June 24, 2025
Faulty Comparisons Doom Nordstrom 401(k) Fee Suit
Nordstrom dodged a proposed class action claiming it saddled its 401(k) plan with excessive fees and used forfeited plan funds to offset its own contributions, with a Washington state federal judge saying inaccurate data and flawed comparisons to other plans couldn't sustain the case.
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June 24, 2025
D&O Insurer Must Cover Investor In Merger Dispute
A directors and officers liability insurer had a duty to defend and indemnify a venture capital investor in a now-resolved lawsuit over the sale of a company immediately after a merger, a California federal court ruled, finding a dilution-of-shares exception in an exclusion applicable.
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June 24, 2025
GOP Budget Would Protect US From OECD Taxes, Rep. Says
Senate tax writers working on the $3.8 trillion budget reconciliation bill should support its international tax provisions intended to protect U.S. multinationals from paying higher taxes under the OECD's framework, a House Ways and Means Committee member said Tuesday.
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June 24, 2025
Apple Assails 'Fundamentally Unfair' App Order At 9th Circ.
Apple urged the Ninth Circuit on Monday to nix a district court's "unduly punitive" mandate blocking it from charging any commission on iPhone app purchases made outside its systems, arguing an Epic Games injunction redux goes far beyond the original order and attacks conduct that's not illegal under California law.
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June 24, 2025
Boeing Says COVID-Era Docs Needed In Suit Over 737 Sales
Boeing is urging a Washington federal court to compel a defunct South African airline to turn over documents about its financial state and the effects of the COVID-19 pandemic on its business from 2019 to 2021, as the plane maker fights a suit alleging it hid the flaws of its 737 Max line.
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June 24, 2025
Trump Admin Must Release NIH Funds Amid Appeal
A Massachusetts federal judge on Tuesday denied the Trump administration's request to stay a recent order that it resume processing National Institutes of Health grant applications and releasing funds, warning that even one more day of delay would lead to irreparable harm.
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June 23, 2025
Monsanto Settles With Families After 11th Seattle PCB Trial
Monsanto settled a tort case on Monday brought by 22 people who claim that they were poisoned by chemicals known as PCBs at a Washington school, ending jury deliberations following a nine-week trial in state court.
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June 23, 2025
9th Circ. Revives Antitrust Counterclaims Against CoStar
A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.
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June 23, 2025
Amazon Sanctioned For Hidden Discovery
A Washington federal judge sanctioned Amazon.com Monday by limiting its use of company documents produced during discovery while giving the Federal Trade Commission more time for discovery, siding with the FTC's allegations that the online retail giant improperly claimed privilege over tens of thousands of documents in the Prime "dark patterns" lawsuit.
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June 23, 2025
DOJ Sues Wash. Over New Abuse Reporting Rule For Clergy
The U.S. Department of Justice on Monday moved to join the Catholic Church's constitutional challenge of a Washington state law making clergy members mandatory reporters of suspected child abuse, saying the requirement violates priests' right to freely exercise religion by forcing them to disclose information shared during Confession.
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June 23, 2025
9th Circ. Backs $26M Fraud Penalty Against Importer
The Ninth Circuit on Monday upheld a $26 million tripled fraud verdict against a pipe importer over allegations it made false statements on customs forms to avoid paying tariffs on some imports from China, rejecting the company's argument that the Tariff Act leaves no room to invoke the False Claims Act.
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June 23, 2025
9th Circ. Sends Minor's Rehab Claim Back To Premera
The Ninth Circuit on Monday partially reopened a lawsuit accusing Premera Blue Cross of unlawfully refusing to cover a minor's time in a wilderness therapy program and rehabilitation facility, saying the insurer should take another look at one of the claims.
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June 23, 2025
DraftKings Social Media Exec Agrees To Delete Rival's IP
A social media director at DraftKings has agreed to delete alleged trade secrets from his personal ChatGPT account, which his former employer, rival PrizePicks, alleged he stole before changing employers.
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June 23, 2025
States Back PBS, NPR In Fight Against Trump Broadcast Cuts
A coalition of 20 states and the District of Columbia backed a pair of motions from the Public Broadcasting Service and National Public Radio Inc. seeking pretrial wins in their challenges to President Donald Trump's executive order that purports to revoke their funding, arguing that only Congress can pull that money.
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June 23, 2025
9th Circ. Won't Revisit Opinion In Sam Smith Copyright Case
The full Ninth Circuit will not revisit a three-judge panel's decision to revive a lawsuit over pop stars Sam Smith and Normani's 2019 hit "Dancing With a Stranger."
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June 20, 2025
Science Research Funding Cuts Blocked By Mass. Judge
A Massachusetts federal judge Friday prohibited the Trump administration from cutting certain National Science Foundation research funding associated with facilities and administrative costs, ruling that the policy runs afoul of multiple laws and the government hasn't adequately explained its reasoning.
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June 20, 2025
High Court Urged To Rein In FDA Oversight Of Stem Cells
The Association of American Physicians and Surgeons asked the U.S. Supreme Court Friday to review a Ninth Circuit decision the organization argued would wrongly give the government control over a patient's own stem cells.
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June 20, 2025
Boeing Nears Dismissal From Calif. Door Blowout Lawsuit
A California federal judge indicated Friday that he's leaning toward dismissing Boeing from a lawsuit over the midair blowout of a door plug on an Alaska Airlines flight in January 2024, saying Boeing's ties to California are not strong enough for his court to exercise jurisdiction.
Expert Analysis
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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How Trump Energy Order May Challenge State Climate Efforts
Even if the Trump administration's recent executive order targeting state and local environmental, climate and clean energy laws, regulations and programs doesn't result in successful legal challenges to state authority, the order could discourage state legislatures from taking further climate action, say attorneys at Foley Hoag.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.