The Ninth Circuit on Thursday refused to reinstate a proposed class action alleging Amazon's Alexa software illegally collects voice data to target users with advertisements, agreeing with the lower court that the e-commerce giant had clearly disclosed the practice and the plaintiffs hadn't shown they were harmed.
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TOP NEWS

9th Circ. Won't Let Alexa Users Revive Voice Data Privacy Row

By Allison Grande

The Ninth Circuit on Thursday refused to reinstate a proposed class action alleging Amazon's Alexa software illegally collects voice data to target users with advertisements, agreeing with the lower court that the e-commerce giant had clearly disclosed the practice and the plaintiffs hadn't shown they were harmed.

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BNSF Judge Vows To Avoid Extremes In Trespass Payout

By Greg Lamm

A federal judge said Thursday that BNSF Railway Co. will likely have to fork over profits from its entire 1,500-mile oil shipment route to compensate a Washington tribe for nearly a decade of train trespassings across a less-than-mile-long easement, but the judge said the disgorgement won't be the hundreds of millions the tribe is seeking.

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Seattle-Area Atty Disbarred For Immigration Court Violations

By Rachel Riley

A Seattle-area attorney has lost her legal license after the Washington State Bar Association found she submitted falsified paperwork to the federal government, lied to her clients and immigration courts to conceal filing delays, and committed other violations that exposed her clients to possible deportation and other serious harm.

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LITIGATION

FTC Can't Make Albertsons, Kroger Produce Divestiture Docs

By Ali Sullivan

An administrative law judge on Thursday denied the Federal Trade Commission's "premature" bid to compel Kroger and Albertsons to fork over documents related to negotiations for the companies' expanded divestiture plan amid the commission's in-house challenge to the grocers' merger.

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Funko Beats Investor Suit Over Warehouse Move For Now

By Katryna Perera

Toy company Funko Inc. on Thursday beat a proposed investor class action alleging it failed to disclose accurate information about problems relocating a distribution center and updating critical software, with a Washington federal judge saying the investors have failed to prove the company's statements were false or misleading, among other things.

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EXPERT ANALYSIS

Businesses Should Take Their AI Contracts Off Auto-Renew

When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.

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Lessons On Challenging Class Plaintiffs' Expert Testimony

In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

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Exploring An Alternative Model Of Litigation Finance

A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

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LEGAL INDUSTRY

Analysis

Alito Flag Report Fuels Ethics Debate, But Likely No Recusal

By Katie Buehler

Responses to a report that an upside-down American flag flew outside U.S. Supreme Court Justice Samuel Alito's home following the 2020 presidential election broke along partisan lines Friday, with conservatives decrying it as a smear campaign and liberals calling for his recusal from pending election-related cases and for general court ethics reform.

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Analysis

Trump's Potential Witness Could Be Defense 'Dynamite'

By Phillip Bantz

As Donald Trump's hush money trial in Manhattan nears its end, experts say criminal defense attorney Robert Costello, who once advised the former president's ex-fixer and key prosecution witness Michael Cohen, has surfaced as a potentially bombshell witness for the defense.

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Menendez Bribery Trial: 5 Things To Know About Week 1

By Carla Baranauckas

Explosive opening statements, closed-door jury questioning and an FBI agent's recount of the moment he found a treasure trove of gold bars and cash highlighted the first week of trial in the government's second corruption case against U.S. Sen. Robert Menendez.

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Ga. Judge In 2020 Election Cases To Take Senior Status

By Courtney Bublé

U.S. District Judge Steve Jones of the Northern District of Georgia, who has presided over high-profile cases involving the 2020 election, voting rights and abortion, will take senior status on Jan. 1, 2025, according to an update Friday.

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AG Garland Held In Contempt By House Committees

By Courtney Bublé

Two House committees voted late Thursday to hold Attorney General Merrick Garland in contempt for not turning over audio recordings of the president and his ghostwriter speaking with special counsel Robert Hur for his investigation into President Joe Biden's handling of classified documents.

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Ex-Baltimore State's Atty Says 20-Month Sentence Too Harsh

By Emily Sawicki

Former Baltimore State's Attorney Marilyn Mosby has asked a federal judge to cut down prosecutors' requested 20-month prison sentence after she was convicted of abusing a COVID-19-era program to obtain money from a retirement fund and conning a lender to obtain a vacation home, arguing the proposal "stray[s] from the reality of this case."

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'We Feel It': NJ Ranks 2nd In Ch. 11 Cases, Chief Judge Says

By George Woolston

New Jersey federal courts saw the second most Chapter 11 bankruptcy filings in the nation over the last year, Chief U.S. District Judge Renée Marie Bumb of the District of New Jersey said on Friday.

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NJ Courts Chief Warns Plan To Pick Appeals Bench A 'Mistake'

By George Woolston

Chief Justice Stuart Rabner of the New Jersey Supreme Court on Friday defended how the state judiciary assigns appeals court judges, criticizing a proposal to move the power to appoint appellate judges from the chief justice to the state Senate and the governor's office.

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1st Circ. Rejects Ex-Immigration Judges' Bid For Asylum Redo

By Elliot Weld

The First Circuit's full bench refused to reopen a Salvadoran woman's case seeking asylum, despite former immigration judges weighing in to say that the judge who denied her asylum didn't follow a legal requirement to ensure her record was complete.

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Law360's Legal Lions Of The Week

By Kevin Penton

Haynes and Boone LLP and Lubin & Enoch PC lead this week's edition of Law360's Legal Lions, after the U.S. Supreme Court unanimously determined that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

The SEC adopted cybersecurity rules to require investment advisers and broker-dealers to put procedures in place for detecting data breaches and for notifying customers when their personal information may have been compromised, and lawyers said SPACs won't get sought-after relief from a new 1% tax on stock buybacks under a recent Treasury Department proposal. These are among the stories in corporate legal news you may have missed in the past week.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

LAW FIRMS IN TODAY'S NEWS

Arnold & Porter

Bayard PA

Buchalter APC

Burr & Forman

Cantey Hanger

Clyde & Co

Cooper Barton & Cooper

Crowell & Moring

Debevoise & Plimpton

Dechert LLP

DiCello Levitt

Duane Morris

Duffy & Young

Fenwick & West

Gibbons PC

Glancy Prongay

Haynes & Boone

Holland & Knight

Jones Day

Kaplan Marino

Keller Rohrback

King & Spalding

Latham & Watkins

Lewis Baach

Lubin & Enoch

Mayer Brown

Morgan Lewis

NechelesLaw

Nelson Mullins

Pacifica Law Group

Paul Hastings

Poole Huffman

Robbins Geller

Ropes & Gray

Schertler Onorato

Simon & Simon PC

Skadden Arps

Skiermont Derby

Squire Patton

Tousley Brain

Troutman Pepper

Weil Gotshal

Willkie Farr

de Castro PC

COMPANIES IN TODAY'S NEWS

Albertsons Cos. Inc.

Align Technology Inc.

Allianz SE

Amazon.com Inc.

American Bankers Association

American Bar Association

Apple Inc.

Atlantic Global Insurance Services

BHP Group PLC

BNSF Railway Co.

BP PLC

Beam Suntory Inc.

Bed Bath & Beyond Inc.

Blackbaud Inc.

Brennan Center for Justice

C&S Wholesale Grocers

Change Healthcare Inc.

Comcast Corp.

Enel SpA

Exxon Mobil Corp.

Federalist Society

Funko LLC

Getty Images Inc.

Google LLC

Huge Inc.

Invitae Corp.

Johnson & Johnson

Mercedes-Benz USA LLC

Meta Platforms Inc.

Microsoft Corp.

NASDAQ Inc.

Netflix Inc.

New Jersey State Bar Association

New York University

Permira

Rhapsody International Inc.

Rite Aid Corp.

Ryan LLC

Spotify Technology SA

Tesla Inc.

The Catholic University of America

The District of Columbia Bar

The Kroger Co.

The New York Times Co.

Thrasio Holdings Inc.

U.S. Chamber of Commerce

UBS Group AG

UnitedHealth Group Inc.

Washington State Bar Association

WeWork Inc.

Wolters Kluwer

GOVERNMENT AGENCIES IN TODAY'S NEWS

Consumer Financial Protection Bureau

Equal Employment Opportunity Commission

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Judicial Center

Federal Trade Commission

Manhattan District Attorney's Office

New Jersey Supreme Court

Swinomish Indian Tribal Community

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the Southern District of New York

U.S. Citizenship and Immigration Services

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Securities and Exchange Commission

U.S. Supreme Court