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January 22, 2025
Intuitive Chief Rejects Da Vinci Robot Market Monopoly Claim
Intuitive Surgical's president testified Wednesday in a $140 million California federal antitrust trial over claims the da Vinci surgical robot maker abuses its market power by blocking hospitals from having third parties refurbish a crucial robot component, saying there's no monopoly since Intuitive competes with traditional and laparoscopic surgery offerings.
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January 22, 2025
American, JetBlue Ink $1.9M Atty Fee Deal After Antitrust Loss
A Massachusetts federal judge signed off Tuesday on a settlement requiring American Airlines and JetBlue to cover $1.9 million worth of legal fees that a group of state attorneys general spent successfully challenging the two airlines' Northeast Alliance joint venture as anticompetitive.
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January 22, 2025
LinkedIn Accused Of Disclosing Subscribers' Data To Train AI
LinkedIn Corp. broke the enhanced privacy promises it makes to paid subscribers by unlawfully sharing the sensitive contents of their private messages with third parties in order to train generative artificial intelligence models, according to a proposed class action filed in California federal court Tuesday.
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January 22, 2025
Apple Sued Over Alleged PFAS In Smartwatch Wristbands
Apple Inc. is at least the second smartwatch maker to be hit with a proposed class action lawsuit accusing it of knowingly using toxic forever chemicals in manufacturing the devices' wristbands, according to a complaint filed in California federal court.
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January 22, 2025
Google Presses For Dismissal Of Artists' AI Copyright Lawsuit
Google has asked a California federal judge to throw out a consolidated proposed class action brought by visual artists and authors claiming the tech company infringed their copyrights to train artificial intelligence models, arguing that the complaint doesn't specifically identify the copyrighted works that have allegedly been infringed.
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January 22, 2025
Equal Rights Org. Sues Illinois Over Demographic Data Law
A national equal rights organization filed suit Tuesday asking an Illinois federal judge to block the state from enforcing a statute it says unconstitutionally requires its members to publicize their demographic data.
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January 22, 2025
Texas Court Asks If $50M Award In Dubai Tower Case Was Fair
A Texas appeals court worked Wednesday to untangle whether executives who are on the hook for $50 million received a fair shot in the United Arab Emirates' court system after they abandoned ambitious tower projects in Dubai.
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January 22, 2025
No New Trial For Tevra's Flea, Tick Meds Suit Against Bayer
A California federal judge refused to give Tevra Brands LLC a do-over on allegations that Bayer used exclusive contracts to anticompetitively lock up the market for flea and tick treatments for dogs, finding the veterinary drugmaker was just rehashing previously rejected arguments attacking a key expert witness.
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January 22, 2025
Boeing Rips Investors' Class Cert Bid In 737 Max Blowout Suit
Boeing told a Virginia federal judge that pension funds cannot reverse-engineer sweeping securities fraud claims based on last year's Alaska Airlines midair blowout incident, saying their bid to certify a class of investors who were purportedly misled by Boeing's assurances of the 737 Max jets' safety must be rejected.
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January 22, 2025
NYAG Reaches $1B Deal In Merchant Cash Advance Case
Yellowstone Capital LLC and two top executives have settled with New York's attorney general over claims that they gouged small businesses with ultra-high-cost merchant cash advances, signing on to a more than $1 billion deal unveiled Wednesday.
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January 22, 2025
Securities Defense Bar Notched More Dismissals In '24
Courts threw out more securities class actions last year than they had in years before, reversing a six-year downturn in the number of shareholder suits resolved through settlement or dismissal, according to a Wednesday report by National Economic Research Associates Inc.
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January 22, 2025
Madigan Used ComEd As 'Personal Piggy Bank,' Jurors Told
Former Illinois House Speaker Michael Madigan and his devoted surrogate Michael McClain conspired to enhance and preserve Madigan's power and line his pockets, both by steering business to the ex-speaker's law firm and rewarding his political allies with do-nothing jobs, prosecutors told an Illinois federal jury during closing arguments Wednesday.
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January 22, 2025
Pharma Co. Says Ex-CEO's Alleged Misconduct Is Not Fraud
Artificial intelligence-driven pharmaceutical company Exscientia PLC has asked a New Jersey federal court to toss a suit alleging it is responsible for share price declines following the termination of its CEO after claims emerged he participated in inappropriate relationships with employees, arguing the alleged misconduct is not securities fraud.
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January 22, 2025
Exxon Says Investors Shared Confidential Info With Ex-Worker
Exxon Mobil Corp. has urged a Texas federal judge to reject investors' broad reading of what confidential information they're allowed to share and with whom in litigation accusing the oil giant of overvaluing its Permian Basin holdings by billions of dollars.
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January 22, 2025
Feds Trim Spine-Implant Kickback Case Ahead Of Trial
A Massachusetts federal judge has granted a motion by prosecutors to drop bribery charges against a maker of spinal implant devices and whittle down the case against two of its former executives.
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January 22, 2025
Justices Seem Willing To Reopen Cornell Workers' ERISA Suit
The U.S. Supreme Court on Wednesday seemed inclined to revive a federal benefits lawsuit from Cornell University workers alleging their retirement plan was mismanaged and charged excessive fees, with several justices appearing open to arguments that the Second Circuit overreached when it shut down the case.
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January 22, 2025
GOP Again Floats Reciprocal Taxes In Affront To Global Deal
Republicans on the House Ways and Means Committee on Wednesday renewed their proposal for reciprocal taxes against countries that participate in an international minimum tax agreement, following up on President Donald Trump's rejection of the global accord.
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January 22, 2025
Ex-Transit CLO, Litigator Join Greenberg Traurig In Atlanta
Greenberg Traurig LLP has brought back the former chief legal officer for the Atlanta-area transit authority and has added a longtime former Bondurant Mixson & Elmore LLP partner in its Atlanta office, bolstering the firm's government law and policy and litigation practices.
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January 22, 2025
Mounting Pressure For PE Exits To Drive IPO Volume In 2025
Private equity-backed companies will generate nearly half of initial public offerings in 2025, analysts predicted on Wednesday, driven by a growing demand for exit strategies among investors that have owned stakes in companies for lengthy periods.
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January 22, 2025
Trump Defangs Labor Dept.'s Contractor Bias Watchdog
President Donald Trump eliminated on Tuesday a core legal authority from the 1960s that the Office of Federal Contract Compliance Programs used to stop federal contractors from discriminating against workers, part of a broader salvo against diversity, equity and inclusion programs in employment.
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January 21, 2025
Ex-Meta COO Sanctioned For Deleting Cambridge Emails
A Delaware Court of Chancery judge on Tuesday sanctioned Meta Platforms Inc.'s former Chief Operating Officer Sheryl Sandberg in consolidated litigation over the Facebook Cambridge Analytica data scandal, finding that she likely selectively deleted emails that related to the litigation.
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January 21, 2025
Key Justices Stay Quiet As High Court Weighs FCC Deference
Several U.S. Supreme Court justices on Tuesday appeared open to giving district courts more leeway to review the Federal Communciations Commission's tome of regulations under the Telephone Consumer Protection Act, although the two justices expected to cast pivotal votes refrained from posing questions.
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January 21, 2025
Walmart Settles IP Suits Over Ugg, Hoka, Teva Footwear
Walmart Inc. is settling a couple of trade dress and patent infringement lawsuits Deckers Outdoor Corp. lodged that accused the retail giant of ripping off several UGG, Hoka and Teva boot and slipper designs, according to notices the companies filed Friday in California federal court.
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January 21, 2025
Citi Can't Escape NYAG's Wire Fraud Protection Suit
A Manhattan federal judge on Tuesday declined to free Citibank NA from a lawsuit filed by New York's attorney general, who accuses the bank of failing to protect and reimburse customers who have lost money to online wire fraud.
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January 21, 2025
SEC Says 'Hotspot' Crypto Miners Broke Registration Laws
Technology company Nova Labs Inc. faces U.S. Securities and Exchange Commission allegations that it attempted an "end-run" around federal securities laws with its unregistered sale of investment contracts in the form of its "hotspot" crypto asset mining devices.
Expert Analysis
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Short-Seller Implications Of 10th Circ.'s Overstock Decision
The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Crypto.com's Suit Against SEC Could Hold Major Implications
Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.
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How DOJ's Visa Debit Monopolization Suit May Unfold
The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.
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New Export Control Guidance Raises The Stakes For Banks
Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Don't Phone A Friend: Disclosing Friendships With Executives
The U.S. Securities and Exchange Commission's recent settlement against a former Church & Dwight chairman for violating proxy disclosure rules by neglecting to disclose his friendship with an executive officer amid a CEO search illustrates the perils of relying solely on responses to questionnaires circulated to boards, say attorneys at BCLP.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.
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Why Diversity Jurisdiction Poses Investment Fund Hurdles
Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.
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The Ups And Downs Of SEC's Now-Dissolved ESG Task Force
The U.S. Securities and Exchange Commission's Climate and ESG Enforcement Task Force, which was quietly disbanded sometime over the summer, was marked by three years of resistance from some stakeholders to ESG regulation, a mixed record in the courts and several successful enforcement actions, say attorneys at Crowell & Moring.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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The OIG Report: Bad Timing For FEC To Be Underresourced
With less than two weeks to the election, the Federal Election Commission’s job has never been more urgent, but a report from its Office of the Inspector General earlier this year found that the agency is facing a resource squeeze that will only get worse without corrective action, says Diana Shaw at Wiley.