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California
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August 13, 2025
Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling
A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told À¶Ý®ÊÓÆµ.
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August 13, 2025
9th Circ. Won't Review $23M GEO Detainee Pay Ruling
A deeply divided Ninth Circuit on Wednesday denied private detention operator GEO Group's request to review the appellate court's decision upholding $23 million in judgments against the company over its failure to pay detainees minimum wage for work behind bars.
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August 27, 2025
Water Law & Real Estate: A Special Report
What's more summery than a trip to the shore? That's where À¶Ý®ÊÓÆµ Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.
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August 13, 2025
OpenAI, Microsoft Beat Musk's RICO Claims In For-Profit Fight
OpenAI and Microsoft again beat Elon Musk's racketeering claims in his lawsuit challenging OpenAI's now-abandoned pivot to a for-profit enterprise, after a California federal judge said Tuesday the amended allegations do not provide details on how the companies ran the enterprise through a pattern of racketeering activity.
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August 13, 2025
Fed. Circ. Says Apple Must Face Vibration Patent Suit
The Federal Circuit on Wednesday revived claims from Taction Technology Inc. against Apple Inc. of alleged infringement of vibration technology patents, saying a district judge was wrong to disqualify testimony from Taction's expert.
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August 13, 2025
9th Circ. Won't Revive JB Hunt Drivers' Pay Plan Challenge
J.B. Hunt can keep its win in a proposed class action that accused it of failing to pay its California drivers for all hours worked, the Ninth Circuit ruled, upholding a lower court's judgment that the company's wage scheme complies with state labor law.
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August 13, 2025
Seyfarth Adds Construction Trio From Akerman And Boutique
Seyfarth Shaw LLP announced Wednesday that a trio of experienced construction attorneys have joined the firm's Los Angeles office, including two hires from Akerman LLP.
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August 13, 2025
Reed Smith Taps Insurance Pro To Lead Downtown LA Office
Reed Smith LLP has tapped a veteran insurance recovery litigator to be the new office managing partner of its downtown Los Angeles office, the firm announced Wednesday. Â
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August 13, 2025
EBay, Former Execs Must Face Bulk Of Harassment Case
A Massachusetts federal judge has trimmed some defamation and damages claims brought by a pair of bloggers against online retailer eBay in a lawsuit over the company's alleged campaign of retaliation over their coverage, but will allow most of the case to proceed to trial.
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August 13, 2025
Tribe Says Studio Mogul Can't Demand Jury In $2.8M Debt Suit
The Mohegan Tribal Gaming Authority says a former Hollywood studio mogul can't ask a jury to hear a $2.8 million gaming debt lawsuit because tribal law does not allow civil jury trials and because the indebted gambler's defenses don't qualify for a jury trial in Connecticut state court, either.
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August 13, 2025
Calif. Firm Says Pot Co. Co-Owners Stiffed On Buyout Deal
A California firm is suing its former business partners in state court, alleging that they failed to pay up on a partnership withdrawal agreement and still owe more than $280,000 for the firm's 15% share of a cannabis business.
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August 12, 2025
Split Calif. High Court Upholds Validity Of Arbitration Fee Rule
A California statute waiving arbitration rights for a party that does not timely pay arbitration fees is not preempted by the Federal Arbitration Act, a split California Supreme Court ruled, saying the state law doesn't disfavor arbitration and is meant to deter parties from employing "strategic nonpayment" of fees.
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August 12, 2025
Meta Privacy Verdict Raises Stakes For Website Data Tracking
A California federal jury's move to hold Meta accountable for unauthorized receipt of sensitive health data gathered through a popular online tracking tool strengthens website users' position in these disputes and should prompt companies to revisit their data collection and sharing practices, even as the social media giant fights the decision.Â
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August 12, 2025
Tribes, Enviros Want In On Chuckwalla Monument Fight
Environmental groups and five Native American tribes are asking a Michigan federal court to intervene in a challenge by a miner and the BlueRibbon Coalition to the establishment of the Chuckwalla National Monument, saying it's unclear if the federal government still shares their interests in its protection.
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August 12, 2025
Justices Urged To Maintain Limits On Calif. Immigration Stops
Immigration rights groups and individuals challenging recent federal immigration operations in Los Angeles urged the U.S. Supreme Court not to pause an order that temporarily prohibits the government from conducting indiscriminate immigration stops, saying the order bars only what is unlawful.
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August 12, 2025
Trump Wants To 'Strike Fear' With Troops In Calif., Judge Told
A lawyer for California argued during a San Francisco bench trial Tuesday that President Donald Trump's military deployment in the state is unlawful and aims to "strike fear into the hearts" of residents, while a Justice Department lawyer said the soldiers stayed within legal boundaries by not carrying out law enforcement activities.
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August 12, 2025
Meta's Discovery Win Faces 'Immense' Fallout, 9th Circ. Told
The California Attorney General's Office urged the Ninth Circuit on Tuesday to reverse a lower court's order requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, saying the "egregiously wrong" order will have "immense" consequences.
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August 12, 2025
9th Circ. Reverses Trade Secrets Striking In Biotech Suit
The Ninth Circuit found Tuesday that a lower court prematurely struck certain trade secrets from a DNA sequencing analysis company's lawsuit alleging a competing business swiped its customer database, marketing plan and other business materials.
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August 12, 2025
Kraft Heinz Faces Suit Over Capri-Sun '100% Juice' Claims
A shopper sued The Kraft Heinz Co. in California federal court Monday claiming its Capri-Sun "100% Juice" Fruit Punch misleads consumers by hiding synthetic citric acid, a preservative and flavor additive, behind pure juice marketing.
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August 12, 2025
Daimler, Volvo Sue Calif. To Block Emission Regulations
Daimler, Volvo and other heavy-duty truck manufacturers sued California on Monday aiming to block the state from forcing them to comply with emission regulations, following moves by the Trump administration and Congress to revoke the state's authority to impose them.
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August 12, 2025
Google Wants Epic Order Paused For Potential High Court Bid
Google has asked the Ninth Circuit to keep an order requiring it to allow more competition for the Play Store on Android devices on hold while it seeks a rehearing, and potentially a review by the Supreme Court, in the antitrust case being brought by Fortnite developer Epic Games.
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August 12, 2025
Biden Coastal Drilling Ban Fight Is Moot, Enviro Groups Say
Environmentalists say President Donald Trump's rescission of Biden-era memos closing off additional waters to oil and gas drilling moots a lawsuit brought by red states and industry groups that includes arguments that presidential withdrawal authority is unconstitutional or otherwise limited.
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August 12, 2025
SAG-AFTRA Health Plan Members Settle Data Breach Suit
SAG-AFTRA Health Plan members who said their sensitive personal and medical information was compromised following a September data breach told a California federal judge Tuesday that they have reached a settlement in principle to resolve the proposed class action accusing the plan of lacking adequate security measures to stop the event.Â
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August 12, 2025
Biogen Says It Owes Nothing After $122M IP Royalties Mistrial
Biogen MA Inc. urged a California federal judge to rule that it owes Genentech Inc. nothing in royalties related to expired patents, saying Genentech's argument for a $122 million award relies on "linguistic gymnastics," in a rare post-mistrial arrangement that will see the judge step in to deliver the verdict.
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August 12, 2025
Calif. Fantasy Sports Losses Not Economic Injury, DraftKings Says
DraftKings has asked a California federal court to toss a lawsuit accusing the sportsbook of skirting state gambling laws, arguing the plaintiffs have failed to show they suffered a legitimate injury or that the company provided them goods and services.
Expert Analysis
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Maximizing Employer Defenses After Calif. Meal Waiver Ruling
A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.
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Charging A Separate Tariff Fee May Backfire For Retailers
In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Addressing D&O Allocation Questions Amid Shifting Economy
As increasing global insolvency this year may lead to an increase in directors and officers insurance claims, businesses should review their policies' allocation provisions to avoid negotiating how coverage will apply to covered and uncovered claims during a suit, say attorneys at Reed Smith.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four federal appellate court decisions and identifies practice tips from cases involving pretrial detainee bail funds, employment law, product defect allegations and claims of not providing proper pain medication at a jail.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Avoiding Compliance Risks Under Calif. Recycling Label Law
CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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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.