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Washington
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May 02, 2025
Live Nation Antitrust Fight Won't Have Split Damages Phase
A Manhattan federal judge declined Friday to break out a possible monetary damages phase in a suit by federal and state authorities accusing Live Nation of quashing competition in live entertainment, saying the move would be unlikely to streamline the complex case.
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May 02, 2025
Dickinson Wright Combines With Firm, Opens Seattle Office
Dickinson Wright PLLC announced that it has combined with Seattle-based Ashbaugh Beal LLP and opened a full-service office in the city, now home to 11 attorneys and the firm's first foray into the Northwest.
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May 01, 2025
DOJ Grilled On 'Bottleneck' After Refugee Processing Orders
A Washington federal judge expressed frustration with the federal government Thursday for moving "with one hand behind its back" to resume processing of certain refugees after the Ninth Circuit clarified the scope of a partial block on the Trump administration's refugee program shutdown.
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May 01, 2025
Wash. Justices Take Up Meta's $35M Political Ad Penalty
The Washington State Supreme Court has agreed to review a $35 million judgment for penalties and legal fees against Facebook parent company Meta for repeatedly running afoul of the state's political advertising transparency law.
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May 01, 2025
9th Circ. Asked To Revisit Ruling On Guam Munitions Suit
A Ninth Circuit decision allowing a Guam group to challenge an Air Force permit renewal application to detonate expired munitions conflicts with precedent and threatens to burden permit applicants, agencies and courts, the U.S. government said in a rehearing petition filed Wednesday.
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May 01, 2025
401(k) Forfeiture Suit Not Backed By ERISA, Judge Says
An Arizona federal judge nixed a proposed class action from workers who claimed a trucking company illegally used abandoned cash in its retirement fund to pay down its own contributions rather than covering plan fees, saying the workers' "novel theory" wasn't in line with federal benefits law.
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May 01, 2025
States Urge 1st Circ. To Reinstate Federal Housing Grants
A coalition of states urged the First Circuit to reinstate a ruling that had blocked the Trump administration from cutting $30 million in fair housing grants, saying the federal government failed to consider the impact this decision would have on the groups' operations.
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April 30, 2025
SEC Says $2.7M Ponzi-Like Scheme Targeted Elderly Koreans
The U.S. Securities and Exchange Commission has sued a Washington woman and a company she controls, alleging she fraudulently raised $2.7 million from at least 33 investors, including elderly Korean-Americans, gaining their trust by using her family relationships and affiliation as a member of their community, and then gambling some of those funds away.
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April 30, 2025
Colo. Chicken Co. On Hook For $3M Supply Chain Settlement
A Washington federal judge has ordered a Colorado-based poultry processor to reimburse a grocery distributor's $3 million settlement with an ex-Trader Joe's vendor that sued over a bony batch of meat, adding to more than $13.5 million the chicken producer owes following a December trial.
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April 30, 2025
Amazon's Suit Over Soured Solar Deals Survives Dismissal
Amazon can sue a California-based private equity company and firms tied to a pair of Golden State solar energy developments for allegedly trying to sabotage the projects after signing long-term power purchase deals, a Washington state judge has ruled, rejecting jurisdictional arguments from the defendants.
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April 30, 2025
9th Circ. Won't Revive Phone Number Privacy Suit Against X
The Ninth Circuit on Wednesday declined to revive a Washington resident's putative class action that accused Twitter Inc., now called X, of deceptively obtaining his phone number, saying in an unpublished opinion that a state law he leaned on prohibited the fraudulent collection of telephone records, "not numbers."
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April 30, 2025
Monthly Merger Review Snapshot
Enforcers opened high stakes court proceedings against Meta Platforms and Google for monopolization claims that could force the tech giants to sell pieces of the companies, while also moving ahead with several challenges and reviews of pending deals in other industries. Here, Law360 looks at the major merger review developments from April.
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April 30, 2025
Amazon Can't Claw Back 'Inadvertent' Discovery Docs
A Seattle federal judge has ruled that documents Amazon.com Inc. produced as part of three proposed antitrust class actions may not be clawed back, finding that despite the online retailer's claims that they were produced "inadvertently," there was no indication the document-sharing was a mistake.
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April 29, 2025
9th Circ. Revives Copyright Fight Over Sam Smith Tune
The Ninth Circuit on Tuesday resurrected a copyright lawsuit over pop stars Sam Smith and Normani's 2019 hit "Dancing With a Stranger," saying a reasonable jury could find that the song's hook shares protectable lyrics, pitches and rhythm with that of a 2015 track called "Dancing With Strangers."
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April 29, 2025
Deal Terms An Issue In $60M Mortgage Loan Sale Con Case
A Washington federal judge suggested on Tuesday that she might hold off on interpreting the terms of a multimillion-dollar mortgage loan sale agreement at issue in a racketeering suit, since a contractual dispute involving the same deal is slated for a bench trial before her in October.
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April 29, 2025
Justices Wary Of Issuing 'Advisory' Ruling In Class Cert. Row
The U.S. Supreme Court's latest attempt to address a pressing question about class certification standards may be doomed by a procedural hiccup, with a majority of justices expressing concern Tuesday that they didn't have the authority to wade into a dispute over approval of a class that contains uninjured members.
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April 29, 2025
Feds Urge Dismissal Of Suit Over Halted Refugee Program
The Trump administration on Monday urged a Washington state federal judge to dismiss a lawsuit challenging the government's suspension of the U.S. Refugee Admissions Program, citing a recent Ninth Circuit decision that limited the scope of the judge's preliminary injunction.
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April 29, 2025
Amazon Can't Shake Return Policy Suit, Wash. Judge Rules
A Washington federal judge refused Tuesday to dismiss claims accusing Amazon of unlawfully recharging consumers under its "advanced refund" return policy, ruling that the e-commerce giant could face tort and quasi-contract liability alongside breach of contract allegations.
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April 29, 2025
Gore-Tex Maker Seeks Dismissal Of PFAS Suit
The company behind the waterproof fabric brand Gore-Tex urged a Washington federal court to dismiss a lawsuit accusing it of manufacturing with toxic forever chemicals while also "greenwashing" its image, arguing that the buyers, who did not actually test their garments, provide no proof that the clothing they bought contains these substances.
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April 29, 2025
Insurers Say 9th Circ. Extended Tribal Jurisdiction Too Far
A group of insurers again urged the U.S. Supreme Court to review a Ninth Circuit decision ordering them to litigate COVID-19 coverage claims in Suquamish Tribal Court, saying Tuesday that the lower court's conception of tribal sovereignty is so broad that even the tribe is unwilling to defend it.
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April 29, 2025
2 Dozen States Say DOGE Can't 'Dismantle' AmeriCorps
Two dozen states and the District of Columbia filed a lawsuit on Tuesday challenging layoffs and $400 million in funding cuts to the national volunteer agency AmeriCorps, alleging the Trump administration is trampling over Congress' authority by trying to dismantle the agency.
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April 29, 2025
BNSF Says Tribe's $400M Trespass Win Unjustly Taps Profits
BNSF Railway Co. has urged the Ninth Circuit to derail the nearly $400 million a trial judge ruled it owes for years of illegally running oil cars across a Washington tribe's land, saying the disgorgement judgment goes after legitimate profits far removed from where the trespassing occurred.
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April 28, 2025
Wash. Judge Tosses Investor's $42M Real Estate Con Suit
A federal judge in Seattle threw out a Las Vegas investment company's lawsuit accusing four businessmen of a $42 million fraud scheme, saying on Monday that the firm hasn't shown a "substantial part" of the allegations occurred in western Washington.
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April 28, 2025
DHS Says Visa Record Restored For Foreign Student In Wash.
The U.S. Department of Homeland Security told a Washington federal judge on Monday that a preliminary injunction was not needed to restore the student visa record of a University of Washington doctoral candidate from China, because U.S. Immigration and Customs Enforcement has already returned the student's status to active.
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April 28, 2025
DOJ Wants Live Nation Case Split Between Liability, Damages
The U.S. Department of Justice asked a New York federal court on Monday to split the case accusing Live Nation of quashing competition in the live entertainment industry by having a jury decide if the company violated antitrust law and the judge decide what remedies to impose.
Expert Analysis
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Perspectives
The Benefits Of Aligning States On Legal Paraprofessionals
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.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.