For the second time in his judicial career, a California state judge has been publicly admonished for misconduct on the bench, most recently for referring to a public defender as "snake oil" in a criminal case and for "usurping the role of prosecutor" in another trial that was later overturned because of the judge's conduct.
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TOP NEWS

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Calif. Judge Gets 2nd Reprimand After Calling Atty 'Snake Oil'

By Lynn LaRowe

For the second time in his judicial career, a California state judge has been publicly admonished for misconduct on the bench, most recently for referring to a public defender as "snake oil" in a criminal case and for "usurping the role of prosecutor" in another trial that was later overturned because of the judge's conduct.

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DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

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'Vanderpump Rules' Star Can't Cancel 'Scandoval' Claims

By Craig Clough

A California judge ruled Friday that "Vanderpump Rules" star Tom Sandoval cannot escape all claims in a suit by former co-star Rachel Leviss alleging he secretly recorded sexually explicit videos she sent him, leading to the show's "Scandoval" cheating scandal, dismissing one claim but allowing Leviss to amend the complaint.

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Analysis

Red States Target Blue States In Push To End Climate Torts

By Keith Goldberg

A novel red-state request that the U.S. Supreme Court nix climate change torts brought by state governments against fossil fuel companies can be seen as an attempt to urge the justices not to pass up another opportunity to weigh in on the issue, legal experts told Law360.

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Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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CBS Says 1st Amendment Dooms White Writer's Bias Suit

By Grace Elletson

CBS said a California federal judge should toss a straight white male worker's bias suit claiming he was passed over for writer roles in favor of more diverse candidates, arguing that the First Amendment allows it to tap writers based on their identity as a storytelling operation.

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Feds' Probe Into Waymo Self-Driving Car Finds More Incidents

By Linda Chiem

The U.S. auto safety regulator has said it found nine additional incidents of Waymo LLC autonomous vehicles exhibiting "unexpected driving behaviors" and has asked the company for more information as part of a new investigation.

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Airline Worker Terrorized 'Countless' Passengers, Suit Says

By Brian Steele

A California man with ties to American Airlines gained access to the private information of regional airline passengers and embarked on a monthslong campaign of harassing them, according to a lawsuit in federal court with 15 plaintiffs.

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POLICY & REGULATION

Top Senate Banking Dem Presses DoorDash On Biz Advances

By Emilie Ruscoe

Food ordering and delivery platform DoorDash has come under fire from the chair of the U.S. Senate's banking committee over merchant cash advance products offered on its platform, with the lawmaker saying the typically high costs of such offerings bear "a troubling similarity to payday lending practices."

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REAL ESTATE & DEVELOPMENT

Roundup

Real Estate Authority: Adaptive Reuse, Climate Risk, SFR

By Real Estate Authority Staff

Catch up on this week's key developments by state from Law360 Real Estate Authority — including one BigLaw real estate leader's take on adaptive reuse, the enduring risk of climate change for public companies, and the latest industry player perspectives on the single-family rental market.

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ENERGY & ENVIRONMENTAL

Green Groups Lose In California Fish Protection Lawsuit

By Juan-Carlos Rodriguez

The federal government properly considered the needs of fish protected under the Endangered Species Act when it approved water supply contracts for California's Central Valley Project, the Ninth Circuit said in a ruling rejecting environmental groups' claims to the contrary.

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PRIVACY & CONSUMER PROTECTION

Brief

CFPB Will Ask DC Circ. To Rescue Rule Challenged By PayPal

By Jon Hill

The Consumer Financial Protection Bureau said Friday it will appeal a Washington, D.C., federal judge's recent decision that sided with payments giant PayPal in its lawsuit challenging the agency's extension of certain prepaid card regulations to digital wallets.

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Wells Fargo Opposes Class Cert. In Race Lending Bias Suit

By Nate Beck

Wells Fargo urged a California federal judge to reject a class certification request from a group of plaintiffs claiming the bank offered non-white borrowers loans with higher interest rates and worse terms, while also applying more scrutiny to their applications.

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SPORTS & BETTING

Off The Bench

Off The Bench: NCAA Settles House NIL Class Action

By David Steele

In this week’s Off the Bench, the NCAA settles its court dispute with hundreds of thousands of athletes over name, image and likeness compensation, NFL rookie Marvin Harrison Jr. is taken to court over an endorsement contract, and former Super Bowl champion Antonio Brown’s post-career life is burdened further by bankruptcy. If you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

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EMPLOYMENT & BENEFITS

DraftKings' Noncompete Win Shuns Calif. Law, 1st Circ. Told

By Brian Dowling

A former DraftKings Inc. executive who was blocked from taking a job in Los Angeles at rival sportsbook Fanatics told the First Circuit that a Massachusetts federal judge should have applied a worker-friendly California law to the trade secrets spat.

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CVS Hit With PAGA Suit Alleging OT, Records Violations

By Gina Kim

CVS Pharmacy Inc. regularly requires employees to work overtime due to understaffing and unreasonably high workloads without appropriately compensating them, and the company alters records by clocking employees out to make it seem it is complying with labor laws, according to a lawsuit filed Thursday in California state court.

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NLRB Wants 2nd SpaceX Suit Paused Amid Venue Fight

By Braden Campbell

The National Labor Relations Board asked a Texas federal judge to pause SpaceX's second challenge to the agency's constitutionality while another federal court deals with a persistent venue dispute in an earlier, nearly identical suit.

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SECURITIES & BANKING

Electric Car Co. Execs Hid Supply Issues, New Suit Claims

By Katryna Perera

A shareholder of ChargePoint Holdings Inc. alleged Friday that current and former officers and directors of the electric vehicle charging station company misrepresented the company's business prospects and failed to disclose supply overruns for charging products, causing a stock drop when the truth was finally revealed.

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Xponential Fitness Sues Ex-CEO In Del. To Avoid Calif. Court

By Ben Zigterman

Fitness brand franchiser Xponential Fitness Inc. sued its recently resigned CEO in Delaware Chancery Court Friday, asking the court to find that the First State's laws, not California's, govern a dispute over the former CEO's right to inspect the company's books and records.

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COMPETITION

Live Nation Ticket Buyers Follow Feds With Antitrust Suit

By Lauren Berg

Live Nation and Ticketmaster were hit with a consumer antitrust proposed class action Thursday accusing them of monopolizing concert promotion and ticketing for major concert venues following their 2010 merger, which comes on the heels of the U.S. Department of Justice's own lawsuit.

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Sony Denied Early Bid To Block PlayStation Antitrust Class

By Henrik Nilsson

A California federal judge Friday denied Sony's preemptive bid to deny class certification in a suit accusing it of overcharging PlayStation Store users through a monopoly on downloadable game cards, saying Sony has yet to show that the plaintiffs are bound by class action waivers, or it can enforce arbitration.

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Realtors Want Case Over 'Cooperation' Rule To Stay Dismissed

By Matthew Perlman

The National Association of Realtors urged a California federal court not to reconsider dismissing a case targeting rules that prevent real estate agents from listing properties outside their affiliated networks, after the case took a trip to the Ninth Circuit.

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Petition Watch: Forum Shopping, Monopolies & Gun Safety

By Katie Buehler

Law360 looks at four U.S. Supreme Court petitions filed in the past two weeks, including the FDA's request that the justices curb an increase in forum shopping at the Fifth Circuit, and two veterinarians who want the justices to allow plaintiffs to pursue antitrust claims for actions allegedly leading to the creation of a monopoly.

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GOVERNMENT CONTRACTS

Contractor Entitled To Share In Navy Savings, Board Rules

By Rae Ann Varona

The U.S. Navy must share with a construction contractor savings resulting from the contractor's changes to a design-build task order, after the Armed Services Board of Contract Appeals ruled the Navy constructively accepted the contractor's proposal for the money-saving changes.

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PRIVATE EQUITY

Big Win For Activist As Full Gildan Activewear Board Resigns

By Jade Martinez-Pogue

The entire board of apparel company Gildan Activewear Inc., including its president and CEO Vince Tyra, have all resigned from the company after months of facing pressure from activist investor Browning West.

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IMMIGRATION

9th Circ. Says H-2A Employers Must Pay Highest Wages

By Britain Eakin

The Ninth Circuit on Friday said the U.S. Department of Labor can't let employers pay foreign farmworkers on H-2A visas a lower wage rate, rejecting the department's argument that the matter is moot because the previous harvest season is over.

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9th Circ. Lets Hearsay Issue Slide In Unlawful Crossing Case

By Rae Ann Varona

The Ninth Circuit affirmed a Mexican man's conviction for trying to enter the U.S. unlawfully, saying that while a lower court should've weighed whether a border agent's translated statements should be attributed to the man, any resulting error was harmless.

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PEOPLE

DLA Piper Adds Corporate Ace From Goodwin In Calif.

By Lynn LaRowe

A finance lawyer with deep expertise has joined DLA Piper from Goodwin Procter LLP in its Palo Alto shop, strengthening its offerings in the Golden State.

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Nixon Peabody Adds Littler Duo As OSHA Practice Chairs

By Adrian Cruz

Nixon Peabody LLP has brought on a pair of Littler Mendelson PC attorneys who previously worked in California's Occupational Safety & Health division as practice co-chairs.

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EXPERT ANALYSIS

Using A Children's Book Approach In Firm Marketing Content

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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LEGAL INDUSTRY

Analysis

5 Themes That Could Determine Trump's NY Criminal Trial

By Stewart Bishop, Frank G. Runyeon and Rachel Scharf

With closing arguments set for Tuesday morning in Donald Trump's New York hush money case and deliberations on the horizon, here's a look at the themes that have dominated the historic, monthlong trial so far.

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Malware Backdoor Found In Software Used By Courtrooms

By Lauren Berg

Software created by a company that provides digital audiovisual technology to courtrooms, jails and other facilities contains a backdoor associated with malware that disguises itself as a normal update, analysts at a cybersecurity firm reported, warning that "users are at high risk and should take immediate action."

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Alito Flag Displays 'Improper' And 'Dumb,' District Judge Says

By Alison Knezevich

A Massachusetts federal judge is calling out U.S. Supreme Court Justice Samuel Alito for controversial flags reportedly seen flying outside his homes, saying such actions erode public trust in the courts.

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Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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CFTC's Johnson Is Under Consideration For FDIC Top Job

By Jon Hill

The Biden administration is considering Kristin Johnson, a Democratic member of the U.S. Commodity Futures Trading Commission, as a possible candidate to replace Martin Gruenberg at the helm of the Federal Deposit Insurance Corp., Law360 has learned.

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Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

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McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

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'Legendary' Former NJ Justice Handler Dies At 92

By Jake Maher

Retired Associate Justice Alan B. Handler, who served on the New Jersey Supreme Court from 1977 to 1999, died Thursday at 92, Law360 has learned.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

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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

A&O Shearman

Altshuler Berzon

Baker & Hostetler

Barnard Iglitzin

Bartlett LLP

Beck Reed

Buchanan Ingersoll

Burnham & Gorokhov

Caldwell Carlson

Clifford Chance

Clyde & Co

Cooley LLP

Croke Fairchild

Crowell & Moring

DLA Piper

DWF LLP

Davidoff Hutcher

Davis Polk

Duane Morris

Ellis George LLP

Eversheds Sutherland

Fieldfisher

Fish & Richardson

Fox Rothschild

Fox Williams

Freedman Taitelman

Gateley PLC

Geragos & Geragos

Geragos Law Group

Gibson Dunn

Goodwin Procter

Green LLP

Greenberg Traurig

Haig B. Kazandjian Lawyers

Hamlins LLP

Harris St. Laurent

Hill Dickinson

Hogan Lovells

Holland & Knight

Horwich Farrelly

Howes Percival

Hughes Hubbard

Israel David LLC

JMW Solicitors LLP

JW Howard Attorneys

Jones Day

Joseph Saveri Law Firm

Kasowitz Benson

KaurMaxwell

King & Spalding

Kirkland & Ellis

Latham & Watkins

Lewis & Llewellyn

Littler Mendelson

Lorium Law

Marino Tortorella

Mayer Brown

McDermott Will & Emery

McDonald & MacGregor

McElroy Deutsch

McGuireWoods

McKool Smith

Michael Best & Friedrich LLP

Milberg Coleman

Morgan Lewis

Morris Nichols

Morrison Foerster

Motley Rice

Murphy Pearson

Nixon Peabody

Nolan Heimann

O'Melveny & Myers

Olshan Frome

Pallas Partners

Paul Hastings

Penningtons Manches

Polunsky Beitel

Poole Huffman

Potter Clarkson

Proskauer Rose

Quinn Emanuel

Reed Smith

Robbins Geller

Rosen Hagood

Rosen Law Firm PA

Saporito Falcone

Scopelitis Garvin

Sheik Law

Sidley Austin

Simpson Thacher

Smith Currie

Spencer Fane

Steven Williams Law

Stowell & Friedman

Sullivan & Cromwell

TroyGould

Welsh & Recker

Wilentz Goldman

Wilkin Chapman

Williams & Connolly

WilmerHale

Winston & Strawn

Witherspoon Brajcich

Zimmerman Reed

COMPANIES IN TODAY'S NEWS

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Alphabet Inc.

American Airlines Group Inc.

American Federation of Labor & Congress of Industrial Organizations

American Media Inc.

Arizona Cardinals

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Bayerische Motoren Werke AG

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

Boy Scouts of America

British Broadcasting Corp.

CBS Corp.

CVS Health Corp.

ChargePoint Inc.

Club Pilates

Columbia Legal Services

Cushman & Wakefield Inc.

CycleBar

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

DoorDash Inc.

DraftKings Inc.

EMCOR Group Inc.

ESPN Inc.

Earthjustice

First Republic Bank

Ford Motor Co.

Fordham University

Freedom Mortgage Corp.

Gildan Activewear Inc.

Glass Lewis & Co. LLC

Glencore PLC

HSBC Holdings PLC

Howard Hughes Corp.

IAM National Pension Fund

Icertis Inc.

Integrys Energy Group Inc.

JPMorgan Chase & Co.

Jubilee Holdings Ltd.

King Street Capital Management LP

LinkedIn Corp.

Live Nation Entertainment Inc.

Major Lindsey & Africa LLC

McAfee Inc.

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

Michigan State University

MilliporeSigma

Mondelez International Inc.

Morgan Stanley

NBCUniversal Media LLC

National Association of Realtors

National Collegiate Athletic Association

Natural Resources Defense Council

New Jersey State Bar Association

Norfolk Southern Corp.

Oaktree Capital Management

Ohio State University

Pac-12 Enterprises LLC

Paramount Global

Paramount Pictures Corp.

Paypal Holdings Inc.

Paysafe Group PLC

Pegasus Capital Advisors LP

PetroChina Company Limited

Princeton University

Prologis Inc.

Pure Barre

QBE Insurance Group Ltd.

Rapid7 Inc.

Solicitors Regulation Authority Ltd.

Sony Interactive Entertainment Inc.

Space Exploration Technologies Corp.

StubHub Inc.

Swissport International Ltd.

Tampa Bay Buccaneers

Tesla Inc.

The District of Columbia Bar

The New York Times Co.

Trump Organization Inc.

UC Hastings Law

University of Virginia

Waymo LLC

Wells Fargo & Co.

Woodrow Wilson International Center for Scholars

Xponential Fitness LLC.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Armed Services Board of Contract Appeals

Bureau of Reclamation

California Attorney General's Office

California Commission on Judicial Performance

California Labor and Workforce Development Agency

Commodity Futures Trading Commission

Companies House

Consumer Financial Protection Bureau

Delaware Court of Chancery

Equal Employment Opportunity Commission

European Commission

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Deposit Insurance Corp.

Fish and Wildlife Service

Food and Drug Administration

Los Angeles Superior Court

National Highway Traffic Safety Administration

National Labor Relations Board

National Marine Fisheries Service

New Jersey Supreme Court

Occupational Safety and Health Administration

Pennsylvania Supreme Court

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

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Energy

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 Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

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

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

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

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

U.S. Environmental Protection Agency

U.S. Navy

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

Washington State Employment Security Department