• December 05, 2023

    9th Circ. Says Coinbase Can Arbitrate Fraud Transfer Action

    A Ninth Circuit panel on Tuesday held that cryptocurrency exchange Coinbase can arbitrate claims from a class of its customers alleging it failed to curb unauthorized transfers, ruling that a provision delegating any dispute arising out of their customer agreements to an arbitrator is not unconscionable.

  • December 05, 2023

    Split 9th Circ. Won't Revisit Meta Investor Suit In Data Scandal

    The Ninth Circuit on Monday declined Facebook's request to rehear by three-judge or en banc panel a revival of a putative securities class action over the Cambridge Analytica data abuse scandal, with one jurist voting to grant the company's petition for rehearing en banc.

  • December 05, 2023

    Seattle High-Rise Critics Slam 'Nonsensical' Permit Argument

    An attorney for two Seattle groups suing over the city's approval of a downtown waterfront high-rise told Washington state appellate judges on Tuesday that the developer's position was "totally nonsensical," arguing they shouldn't have been required to contest the permitting approval before it was finalized.

  • December 05, 2023

    9th Circ. Throws Out Tinder Age Bias Settlement Again

    The Ninth Circuit held Tuesday that a revised $5.2 million settlement between Tinder and users accusing it of age bias still doesn't hold up, ruling that the class representative has a conflict of interest and failed to vigorously litigate on behalf of the proposed class before agreeing to the deal.

  • December 05, 2023

    DC Judge Won't Waver On Wash. Tribe's Recognition Ruling

    A D.C. federal judge on Monday declined a request by a Washington tribe to vacate an order denying it federal recognition for the fourth time, saying it presented claims that were already resolved and the information it provided didn't qualify as "changed circumstances" under the Federal Rules of Civil Procedure.

  • December 05, 2023

    Justices Wary Of Repatriation Tax Review Consequences

    U.S. Supreme Court justices questioned a Washington couple's counsel about their challenge to the one-time repatriation tax during oral arguments Tuesday, with some suggesting that a ruling in the couple's favor would upend other parts of the federal tax code.

  • December 05, 2023

    Microsoft Added As Defendant In Writers' OpenAI IP Suit

    Microsoft Corp. has been added to an amended putative copyright class action against OpenAI filed by a group of writers who accuse the artificial intelligence research company of using protected works to "train" its generative AI product ChatGPT, arguing OpenAI's training couldn't have happened without Microsoft's "financial and technical support."

  • December 05, 2023

    Car Service Co. Accused Of Selling Noncompliant Contracts

    A Spokane, Washington, woman has lodged a putative class action accusing a vehicle service contract provider and its insurer of violating state law by illegally selling and issuing noncompliant service contracts and protection product guarantees to Washington state customers.

  • December 04, 2023

    Alaska-Hawaiian Airlines Merger Tests Biden Antitrust Stance

    Alaska Airlines and Hawaiian Airlines' proposal to create a strong regional rival to the nation's so-called Big Four carriers will be another test for the Biden administration's aggressive antitrust enforcers, but experts say it's unclear whether fewer overlapping routes and a promise to keep their distinct brands will smooth over regulatory hurdles.

  • December 04, 2023

    Wash. Judge Nixes HDT's $950M mRNA Vax Trade Secrets Suit

    A Washington federal judge has thrown out Seattle-based biotechnology company HDT Bio's nearly billion-dollar lawsuit accusing an Indian pharmaceutical firm of ripping off its mRNA platform to develop a new COVID-19 vaccine, at least for now, a docket entry showed Monday.

  • December 04, 2023

    Feds Wrong To Seek Deportation 'At Any Cost,' 9th Circ. Rules

    The Ninth Circuit on Monday reopened the removal proceedings of a Mexican family that wasn't notified that their immigration hearing had been rescheduled, with one of the undivided panel's three judges rebuking the government for pursuing the family's deportation anyway.

  • December 04, 2023

    Binance's Compliance Chief Is Optimistic About Monitorship

    Crypto exchange Binance Holdings Ltd. has its work cut out for it under the terms of a $4 billion deal that will require it to ramp up its compliance program under the watch of a monitor, but the exchange's head of compliance told Law360 he's looking at the arrangement as a "business accelerator."

  • December 04, 2023

    Seagen Looks To Revive Cancer Drug Claims In Daiichi Fight

    U.S. biotech company Seagen Inc. will look to revive its claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, arguing that an arbitrator disregarded the "language and essence" of an underlying collaboration agreement.

  • December 04, 2023

    Alon Tells 9th Circ. Sanctions Needed In Gas Price-Fixing Win

    An attorney for Alon USA Energy urged the Ninth Circuit on Monday to reverse a lower court's ruling that denied the company sanctions in two gasoline price-fixing suits it ultimately won on summary judgment, saying the evidence shows the plaintiffs knew for years the allegations against Alon were false.

  • December 04, 2023

    Feds' Health Policy 'Obliterates Pro-Life Laws,' Idaho AG Says

    The Biden administration's opposition to an Idaho statute criminalizing abortion "turns every relevant principle on its head," the Idaho attorney general told the U.S. Supreme Court on Friday.

  • December 04, 2023

    Feds Must Rethink Army Water Plans In Ariz., 9th Circ. Says

    The U.S. Fish and Wildlife Service and U.S. Army can't count on a conservation easement's questionable water savings to conclude that Fort Huachuca's water usage in southeastern Arizona's San Pedro River Basin doesn't jeopardize protected plant and animal species, a Ninth Circuit panel said Monday.

  • December 04, 2023

    AT&T Says Faux Pine Antennas Can't Be Stopped

    AT&T is asking a Washington federal judge to force a city near the Oregon border to hand over permits needed to build a wireless cell tower, saying the local hearing examiner shouldn't have rejected its proposal for a 65-foot-tall utility pole disguised as a pine tree intended to fill a gap in service.

  • December 04, 2023

    Cameroonian Migrant's Credibility Rating Undone By 9th Circ.

    The Board of Immigration Appeals must reconsider a Cameroonian asylum-seeker's application for immigration relief, after improperly deeming the man not credible, the Ninth Circuit ruled on Monday.

  • December 04, 2023

    Liberty Mutual Trots Away From Horse Stampede Suit

    A Washington federal judge tossed a couple's property damage coverage suit against Liberty Mutual Group Inc. and one of its units, finding that losses caused by their neighbors' stampeding horses were plainly excluded under the couple's policy.

  • December 04, 2023

    Amazon Settles Latina Ex-Worker's Wrongful Firing Suit

    Online retail giant Amazon struck a deal to end a race and sex bias suit from a former employee who said she was fired due to her Colombian heritage and for speaking out about discrimination and safety concerns, according to a filing in Seattle federal court.

  • December 04, 2023

    Catching Up With Delaware's Chancery Court

    Blockchain gaming, lithium-battery production, nutrition supplements and Activision's $68.7 billion sale to Microsoft — nothing is too big or complicated for Delaware's Chancery Court to put on its agenda. The year is winding down, but things haven't slowed in the nation's top court of equity. Check here for all the latest news from the Chancery Court.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    9th Circ. Won't Kill 'Chicken-And-Egg' Green Card Process

    The Ninth Circuit ruled Friday that the federal government has wide latitude to consider the availability of employment-based visas before approving green card applications, rejecting an argument from Indian nationals that doing so conflicts with U.S. immigration law.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Up Next At High Court: Purdue Pharma, Taxes & Job Transfers

    The U.S. Supreme Court returns Monday for the last argument session of the calendar year to consider whether bankruptcy courts have the authority to sign off on third-party liability releases in Chapter 11 plans, whether Congress can tax unrealized foreign gains, and which standard should be used to determine the viability of employment discrimination claims.

Expert Analysis

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 9th Circ. Ruling May Expand Short-Swing Profit Exemption

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    The Ninth Circuit’s recent dismissal of a shareholder derivative suit in Roth v. Foris Ventures LLC provides boards of directors with greater latitude to approve certain securities transactions under the the Securities Exchange Act’s Section 16(b) short-swing profits rule, say John Stigi and John Mysliwiec at Sheppard Mullin.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
    Author Photo

    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • When Courts Engage In Fact-Finding At The Pleading Stage

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    It remains to be seen whether the Ninth Circuit's pleading-stage factual determination in a securities class action against Nvidia was sui generis or part of a trend, but the court has created a template for district courts to follow, says Jared Kopel at Alto Litigation.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • How Legal Teams Can Prep For Life Sciences' Tech Revolution

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    The life sciences and health care industries are uniquely positioned to take advantage of new efficiencies created by cloud computing and generative artificial intelligence, but the sensitivity of their data also demands careful navigation of an expanding legislative and regulatory landscape, say Kristi Gedid, Zack Laplante and Lisa LaMotta at Ernst & Young.

  • Harvard's Broker Fight Shows Active Risk Management Is Key

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    Harvard University’s recently filed suit against its insurance broker for alleged malpractice in handling the Students for Fair Admissions claim illustrates that risk management requires the concerted effort of policyholders, brokers and insurers to protect against disastrous losses, say William McMichael and David Klein at Pillsbury.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

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